HANUM BINTI MISTAH SALINA BINTI RAHMAN

HANUM BINTI MISTAH SALINA BINTI RAHMAN

The court found all elements of defamation proved: allegations that RM23,390 was held by the treasurer communicated at meetings and by a police report were defamatory and published. The appellant failed to establish qualified privilege because she did not undertake an objective investigation or have reasonable grounds; the audit showing only RM1,662 in treasurer's possession undermined appellant's claim. The appellate court would not disturb the Sessions Court's factual findings absent demonstration of a serious miscarriage; therefore the appeal was dismissed and the lower court's award confirmed.

Citation
JB-12BNCVC-17-11/2020 (Mahkamah Tinggi)
Parties
Perayu/appellant: Hanum binti Mistah; Responden/respondent: Salina binti Rahman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 January 2022
Case Number
JB-12BNCVC-17-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (defamation) / Final Judgment on Appeal
Outcome
Appeal dismissed; decision of Sessions Court affirmed
Legal Topics
Slander, Libel, Qualified Privilege, Damages, Costs, Injunctions
Source Language
Malay/English
Defamation Civil Procedure Slander Libel Qualified Privilege Damages Costs Injunctions

Case Brief

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Parties

Hanum binti Mistah

Perayu/appellant

Salina binti Rahman

Responden/respondent

Procedural Posture

Civil Appeal (defamation) / Final Judgment on Appeal

Legal Issues

  1. 1 Whether all elements of defamation (defamatory statement, reference to plaintiff, publication) were proven
  2. 2 Whether the defence of qualified/conditional privilege was established by the appellant

Ratio Decidendi

The court found all elements of defamation proved: allegations that RM23,390 was held by the treasurer communicated at meetings and by a police report were defamatory and published. The appellant failed to establish qualified privilege because she did not undertake an objective investigation or have reasonable grounds; the audit showing only RM1,662 in treasurer's possession undermined appellant's claim. The appellate court would not disturb the Sessions Court's factual findings absent demonstration of a serious miscarriage; therefore the appeal was dismissed and the lower court's award confirmed.

Court Disposition

Appeal dismissed; decision of Sessions Court affirmed

Orders

  • Appeal dismissed
  • Confirm award of general damages RM30000 to respondent