JUDGMENT
The Suit
[1] On 29 January 2020, the Respondent/Plaintiff instituted a claim for negligence and defamation against the Appellant/Defendant in the High Court Kuala Lumpur.
[2] The Respondent's suit was founded on the Appellant's inaccurate credit information about the Respondent concerning a debt due to a company known as Webe Digital Sdn Bhd (Webe) (formerly known as Packet One Network Sdn Bhd), leading to a loss of reputation, personal losses as well as business losses.
[3] The Respondent also alleged that the Appellant had breached its duty of care to her in the course of collating, reporting and publishing credit information concerning her to the Appellant's subscribers including financial institutions. Her creditworthiness amongst financial institutions had been affected by reason of the Appellant giving her a low credit score resulting in her inability to obtain financing from financial institutions
[4] The Respondent further alleged that the Appellant defamed her in the course of publishing inaccurate, incomplete, misleading and/or outdated credit information concerning the Respondent to third parties.
[5] The claim proceeded to a full trial with the Respondent calling three (3) witnesses and the Appellant one (1) witness.
[6] At the end of the trial, on 7 February 2024, the learned High Court Judge allowed the Respondent's claim against the Appellant and awarded the Respondent general damages in the sum of RM200,000.00, interest at the rate of 5% and costs of RM50,000.00.
[7] Dissatisfied, on 8 February 2024, the Appellant appealed to the Court of Appeal via encl 1.
[8] On 1 April 2024, the Respondent filed a cross-appeal in encl 18 seeking that the decision of the High Court be varied to the extent that the following reliefs should be granted:
(1) An injunction that the Appellant should obtain accurate and upto-date credit information of the Respondent from Bank Negara, Companies Commission of Malaysia, agencies and/or other sources of credit reporting;