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Cases

NOOR AZMAN AZEMI v. ZAHIDA MOHAMED RAFIK
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)]
30 January 2019
[2019] 2 MLRA 259

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.

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
16/4-157/15
27 April 2016 [+]
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