Malaysia Case Law: Decisions & Judgments

Topic

Damages (general, aggravated, exemplary)

Legal area

Court

27 Oct 2025

MOHD KHAIRUL AZAHAR BIN MOHD KHADRI 1. ) YUSMAZIDA BINTI MOHD YUSOFF 2. ) WAN MOHD KHAISAL BIN WAN OTHMAN

Citation

WA-A53-21-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A53-21-06/2022 (Mahkamah Sesyen)

Court found on balance that Defendant Second intentionally made physical contact with Plaintiff (battery) and therefore committed trespass to the person, but Plaintiff failed to prove the extent and causation of physical and psychiatric injury with supporting medical evidence and had pre-existing psychiatric history; accordingly liability for battery was established but no general, aggravated or nominal damages were awarded; costs orders were made as recorded.
2 Nov 2023

DR ZAKIR ABDUL KARIM NAIK RAMASAMY A/L PALANISAMY

Citation

WA-23CY-53-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-53-10/2019 (Mahkamah Tinggi)

On the balance of probabilities the five impugned publications were defamatory, referred to the plaintiff and were published to third parties; the defendant failed to prove truth/substantial truth, failed to show publications were fair comments grounded on true facts, and failed responsible journalism/qualified privilege tests because he did not verify sources and acted with malice; therefore defendant liable and plaintiff entitled to damages, injunctions and published apology.
29 Apr 2022

1. ) IFCON TECHNOLOGY SDN BHD 2. ) AHMAD ALIFF BIN A S AHMAD SHARIFFUDDIN 3. ) NIK MUHAMMAD IZWAN BIN NIK MOHD KAMEL LUQMANUL HAKIM BIN ABD. RAHIM

Citation

WA-23CY-2-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-2-01/2018 (Mahkamah Tinggi)

On the balance of probabilities the Court found the Defendant was the owner/administrator of the Facebook account and LiveJournal blog and the author of the impugned Postings based on positive oral identification by witnesses, corroborating documentary evidence (sale receipt, SSM search, and admission of the CIMB account used for fundraising in the Postings), and the presumption under s114A Evidence Act 1950; the Postings were defamatory, published and referred to the 2nd and 3rd Plaintiffs; the 1st Plaintiff (company) failed to prove injurious financial effect and its claim was dismissed; da…
14 Feb 2022

Nur Syazila Binti Soleh Wan Nor Suhaizan Binti Khairuddin

Citation

AA-11B-12-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-11B-12-10/2020 (Mahkamah Tinggi)

The High Court found that the learned Magistrate had materially misappreciated and overlooked key contemporaneous evidence (medical reports, police reports, photographs and birth certificate) and had made erroneous factual findings; applying the plainly wrong test the appeal was allowed, the Magistrate's decision set aside, the Plaintiff's claim dismissed and the Defendant's counterclaim allowed, with damages awarded to the Defendant totalling RM30,500, interest and costs.

Malaysia Case Law

MOHD KHAIRUL AZAHAR BIN MOHD KHADRI 1. ) YUSMAZIDA BINTI MOHD YUSOFF 2. ) WAN MOHD KHAISAL BIN WAN OTHMAN

DR ZAKIR ABDUL KARIM NAIK RAMASAMY A/L PALANISAMY

1. ) IFCON TECHNOLOGY SDN BHD 2. ) AHMAD ALIFF BIN A S AHMAD SHARIFFUDDIN 3. ) NIK MUHAMMAD IZWAN BIN NIK MOHD KAMEL LUQMANUL HAKIM BIN ABD. RAHIM

Nur Syazila Binti Soleh Wan Nor Suhaizan Binti Khairuddin