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Cases

MKINI DOTCOM SDN BHD & ORS v. RAUB AUSTRALIAN GOLD MINING SDN BHD
Federal Court, Putrajaya
Vernon Ong Lam Kiat, Abdul Rahman Sebli, Zaleha Yusof, Hasnah Mohammed Hashim, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal Nos: 02(f)-61-08-2018(W)]
2 July 2021
[2021] 5 MLRA 37

JUDGMENT

[1] The factual background of the case and the leave questions posed for our determination have been set out by my learned brother Harmindar Singh Dhaliwal FCJ in his judgment. For the purposes of this judgment, I shall leave out the factual background but shall set out the leave questions again, which are as follows:

1. Whether reportage is in law a separate defence from qualified privilege or the Reynolds defence of responsible journalism and whether it is to be treated as being mutually exclusive?

2. Whether the defence of reportage being an off-shoot of the Reynolds defence of responsible journalism needs to be pleaded separately from the plea of responsible journalism itself ?

3. Whether a defendant is obliged to plead either reportage or responsible journalism and not plead them in the alternative?

4. Whether the defence of reportage which is in law based on an ongoing matter of public concern is sufficiently pleaded if it is stated by the defendant that the publications 'were and still are matters of public interest which the defendants were under a duty to publish'?

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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