30 Sept 2020
REKHA D/O MUNISAMY (I/C NO: 781128-10-5210) 1. ORTUS EXPERT WHITE SDN BHD (COMPANY NO :951378-H) 2. GURDEV SINGH S/O JAGJIT SINGH (NO K/P: 870630-56-5495)
- Citation
- W-02(NCvC)(W)-1257-07/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1257-07/2019 (Mahkamah Rayuan)
The Court held the High Court was not functus officio because the striking out order had not been perfected and therefore could be revisited; the Plaintiffs proved libel but failed to prove malicious falsehood for lack of malice and special damage; the High Court erred in unfairly preventing the Defendant from calling witnesses (discretion under O.34 should have been exercised consistently and not to the Defendant's prejudice); the Plaintiffs failed to translate the alleged defamatory statements into Bahasa Melayu as required for pleadings; and, in the interests of justice a retrial of the Pl…