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Cases

TAN SING HOW & ORS v. NG ZE XUAN
Court of Appeal, Putrajaya
Mohamed Zaini Mazlan, Ong Chee Kwan, Muniandy Kannyappan JJCA
[Civil Appeal No: B-02(W)-659-04-2024]
25 May 2026
[2026] 5 MLRA 158

JUDGMENT

Ong Chee Kwan JCA:

Introduction

[1] This is an appeal against the decision of the High Court Judge who allowed the Respondent's claim in a defamation suit arising from seven impugned statements published by the three Appellants over a compressed period of eight days. The learned High Court Judge found that each of the impugned statements bore defamatory meanings of and concerning the Respondent, rejected the Appellants' pleaded defences of justification, qualified privilege and fair comment, and proceeded to award general damages together with aggravated damages against each of the Appellants in respect of each of their respective publications. The Appellants were further ordered to publish an apology to the Respondent.

[2] The Appellants appealed against that decision. Significantly, while the finding that the impugned statements are defamatory was not seriously pursued before us, the Appellants contended that the learned High Court Judge erred in rejecting the defences advanced and in the approach taken to the assessment of damages. In particular, it was submitted that the seven statements, having been made within a short span of time and concerning the same subject matter, ought properly to have been treated as constituting a single continuous course of defamation, rather than as discrete and independent publications attracting separate awards.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
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