Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Publication element

  • 25 Mar 2025

    MOHD RIDZUAN BIN MHD ZOLKAFLI Ashari Bin Ahmad

    Citation
    BA-12B-41-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12B-41-04/2024 (Mahkamah Tinggi)

    Court held the first set of oral statements satisfied publication, reference and defamatory meaning and were actionable; s.5 applied so special damage was not required; the plea of qualified privilege by the defendant was not pleaded and therefore rejected; the second and third communications were either not published or were complaints to authority and not defamatory; appeal allowed, Sessions Court decision set aside, nominal damages RM3,000 and costs RM3,000 awarded to the plaintiff.

  • 30 Sept 2021

    Loh Pek Mee Eyerlyn Khaw Mei Ling

    Citation
    BA-12B-46-06/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-12B-46-06/2020 (Mahkamah Tinggi)

    The High Court found the 1st Impugned Publication was capable of and in fact defamatory and was published to third parties, but the defendant discharged the shifted burden by proving the substance of the allegations was true as she repeated HR information and acted on a privileged occasion; there was no malice, so qualified privilege applied and defendant was protected.