22 Dec 2025
Aafiyat Marketing Sdn. Bhd. MUHD SHAKIR AS-SALAM BIN YA
- Citation
- KA-22NCvC-44-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-44-10/2023 (Mahkamah Tinggi)
Court found all three elements of defamation established (defamatory meaning, reference to plaintiff, publication). Defendant failed to prove justification because he produced no chemical analysis of the plaintiff's product and possessed a Chemiservice report confirming high hydroxytyrosol levels. Defences of fair comment and qualified privilege failed because statements were presented as factual allegations, lacked factual substratum, and were actuated by express commercial malice. Plaintiff entitled to vindicatory general damages and exemplary damages for profit-driven malice; injunction, i…