Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumptions of publication
  • 16 May 2025

    Ling Yexiang LYC MOTHER & CHILD CENTRE SDN BHD

    Citation
    BA-12BCY-8-11/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12BCY-8-11/2024 (Mahkamah Tinggi)

    On the balance of probabilities the plaintiff proved the first three publications were defamatory, referred to the plaintiff and were published; the defendant's admissions and the section 114A presumption established publication and authorship; the defendant failed to prove truth/justification or fair comment as primary facts were not substantiated (lab results negative and no evidence supporting typhoid causation); publications 4–6 were not pleaded and could not be relied upon; exemplary damages and injunctive/apology orders were appropriate; general damages awarded by Sessions Court were ex…