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2025 MarsdenLR 237

HIGH COURT MALAYA JOHOR BAHRU
HONG AN LIANG – Appellant
Versus
CHEE TECK WAH – Respondent


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


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