Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Special damage
  • 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.