The Plaintiff must prove actual damages in defamation claims, and speculative claims are insufficient to warrant higher damage awards.

JUDGMENT

Wong Mee Ling J:

Introduction

[1] This is an application for assessment of damages filed by the Plaintiff pursuant to O 37 r 1 of the Rules of 2012 based on the Judgment in Default of Defence dated 13 October 2021.

[2] After hearing the evidence of the Plaintiff and submission by the Plaintiff's solicitor, I have allowed claim as follows:

(a) general damages of RM50,000.00;

(b) exemplary damages of RM20,000.00;

(c) interest at 5% per annum on the amount of the judgment from the date of this order until full settlement; and

(d) no order as to costs.

[3] Below are my grounds for the decision.

Background

[4] The background facts in this application are gathered from the cause papers and submissions filed by the Plaintiff and stated in chronological order.

[5] The Plaintiff had filed this civil suit alleging that the Defendant on 16 May 2021 had published and/or caused to publish a Facebook Post using his Facebook account under the name of "Andy Chee" which contains the following impugned words (together with images of the clinic named "Klinik Pergigian Dr Hong" and/or the Plaintiff):

"This is a (dodgy, black-hearted, dental dentist) at Johor Bahru, located at (same row with Ng Ming Huat), named: Dr Hong Dental Clinic! Dr Matthew Hong."

"My friend went to the clinic to do 1 tooth filling on 13 May 2021 Thursday at 11 morning. The dentist ask to take X-ray (Instructed must to take) RM150.00. Remark: Never heard must take X-ray for dental filing! Except: tooth extraction or surgery only required to take X-ray! My friend told to the dentist that no need to take, but the dentist forced my friend to take X-ray, then only can do filling!"

"I asked the dentist, why so expensive for my friend to do tooth filling at RM800.00! The dentist said that is my first visit so the dentist gave me a discount. My friend also first visit, why dentist did not give discount! I even inquired to other dentist that how much for 1 tooth filling? The other dentist said is between RM120 - RM250.00. It doesn't mean that my friend can't afford to pay RM800.00! But to pay RM800.00 just for 1 tooth filling (including 2 packs of medicine). So my friend here is to tell everyone don't be next victim."

(hereinafter referred to as "the Statement")

[6] The Defendant allegedly had on the same day published and/or caused to publish the statement in other 3 Facebook groups.

[7] Dissatisfied with the publication of the Statement by the Defendant, the Plaintiff had issued a notice of demand dated 21 May 2021 to the Defendant to demand that, inter alia, as follows:

(a) immediately cease and desist making and/or publishing any defamatory and baseless statements and allegations against the Plaintiff;

(b) immediately remove the Statement published and/or caused to be published by the Defendant on Facebook and/or any other social media platform and/or any other online website; and

(c) publish a full and complete withdrawal and unreserved apology to the Plaintiff.

[8] The Defendant had failed, refused and/or neglected to comply with the Plaintiff's demand, thus this civil suit initiated by the Plaintiff claiming, among others, for an injunction to restrain the Defendant from publishing or causing to be published defamatory and/or unfounded words and/or statements against the Plaintiff in any manner whatsoever, as well as damages namely, general damages, aggravated damages and exemplary damages.

[9] Despite being served a copy of the Writ of Summons and Statement of Claim, the Defendant had failed to enter appearance and filed his Defence in this civil suit whereinafter Judgment in Default of Defence ("JIDD") was entered against the Defendant on 13 October 2021 upon application by the Plaintiff.

Issues To Be Determined

[10] As JIDD was entered has been entered against the Defendant, the issue before this Court is:

(a) whether he Plaintiff has proven the general, exemplary and aggravated damages; and

(b) whether the damages claimed by the Plaintiff is fair and reasonable considering the extend o