Civil Procedure : Appeal - Cross-appeal - Defendant raised preliminary objection against cross-appeal by plaintiff - Whether plaintiff 's cross-appeal incompetent

Tort : Negligence - Libel - Publication in newspaper - Defendant appealed against decision of High Court in allowing plaintiff 's claim for defamation - Whether impugned article in newspaper defamatory of plaintiff - Whether impugned article published - Whether defendant could rely on defence of justification - Whether an alternative meaning could be derived from impugned article - Whether defendant established defence of qualified privilege - Whether defendant established defence of fair comment

This was the defendant's appeal against the decision of the High Court, which allowed the plaintiff 's claim for defamation arising from the publication of an article in a Sabah local newspaper alleging that the plaintiff was involved in the fraudulent issuance of the blue Identification Cards to foreigners ('impugned article'). On the other hand, the plaintiff cross-appealed in respect of the Trial Judge's findings that there was no malice on the part of the defendant in publishing the impugned article and against the award for damages, which ought to have included exemplary damages. In this appeal, the issues to be determined were, amongst others, whether the plaintiff 's cross-appeal was incompetent; whether the impugned article was defamatory of the plaintiff; whether the impugned a