NOOR AZMAN AZEMI v. ZAHIDA MOHAMED RAFIK

[2019] 2 MLRA 259
Federal Court, Putrajaya
Ahmad Maarop PCA, Azahar Mohamed, Alizatul Khair Osman Khairuddin, Rohana Yusuf, Mohd Zawawi Salleh FCJJ
[Civil Appeal No: 02(f)-139-12-2017 (W)]
Ahmad Maarop PCA, Azahar Mohamed, Alizatul Khair Osman Khairuddin, Rohana Yusuf, Mohd Zawawi Salleh FCJJ

JUDGMENT

Azahar Mohamed FCJ:

Introduction

[1] This appeal arises from the decision of the Court of Appeal dated 16 May 2017, which reversed the decision of the High Court. The appellant was the plaintiff, while the respondent was the defendant before the High Court.

[2] The appellant's action in the High Court was one of damages for defamation. We are concerned in this appeal with whether the subsequent publication of a police report (an absolute privileged document) to the world at large, would enjoy the same protection of absolute privilege, and for that reason not actionable for the purpose of the law of defamation.

[3] On 26 February 2015, the High Court allowed the appellant's claim and awarded general damages in the sum of RM150,000.00 with costs of RM40,000.00. The High Court dismissed the counterclaim of the respondent.

[4] However, on appeal by the respondent, the Court of Appeal reversed the judgment and set aside all the orders of the High Court and thus allowing the respondent's counterclaim of RM200,000.00 with costs of RM50,000.00.

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