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2025 MarsdenLR 241

HIGH COURT MALAYA SHAH ALAM
NG ZE XUAN – Appellant
Versus
TAN SING HOW & ORS – Respondent
[Civil Suit No: BA-23CY-13-09/2021]



Petitioner Advocates:Bryan Ho Jiann Yau,Siew Kai Hwei,Kimberly Ng Wenn Mei ,Respondent Advocate: Pung Jenn Jiang

The court established that defamatory statements made by the defendants were untrue and damaging, leading to liability for both libel and slander, with significant damages awarded to the plaintiff.

Headnote:(A) Defamation Act 1957 - Legal principles on defamation established - The Plaintiff alleged defamation through seven defamatory statements made by the Defendants, impacting her reputation and professional standing. The Court found the statements defamatory, untrue, and damaging, establishing liability for both libel and slander. (Paras 39, 44, 46, 130)

(B) The burden of proof on the Defendants to substantiate their claims of justification and fair comment was not met - The Defendants failed to provide credible evidence supporting their allegations against the Plaintiff. (Paras 110, 118)

(C) The Court awarded damages for the harm caused to the Plaintiff's reputation, including general and aggravated damages, due to the malicious nature of the Defendants' actions. (Paras 143, 159)

Facts of the case:
The Plaintiff was a sales representative at Kalysta, co-founding a successful sales group, but her role was terminated abruptly. The Defendants made defamatory statements in various public forums, including WeChat and Instagram, accusing her of dishonesty and unethical conduct. (Paras 4, 6, 24)

Findings of Court:
The Plaintiff established that all seven statements were defamatory, damaging her reputation and character in her professional community. The Defendants acted with malice, failing to substantiate their claims. (Paras 46, 130)

Issues: The main issues were whether the statements constituted defamation, whether they referred to the Plaintiff, and whether the Defendants could prove their defenses. (Paras 38, 104)

Ratio Decidendi: The Court ruled that the statements were defamatory as they imputed serious moral failings to the Plaintiff, and the Defendants could not justify their claims. Malice was evident in their reckless disregard for the truth. (Paras 48, 112)

Result: The Plaintiff's claims were allowed, and the Defendants' counterclaim was dismissed. The Defendants were ordered to pay damages and costs. (Paras 160)

JUDGMENT

Jamhirah Ali J:

Introduction

[1] The Plaintiff's claim is based on allegations of defamation against the Defendants, arising from seven (7) defamatory statements in nine (9) publications made by the respective Defendants against the Plaintiff.

[2] The Plaintiff seeks injunctive relief, as well as general, aggravated, and exemplary damages.

[3] The Defendants filed a counterclaim for breach of contract, seeking the return of commissions and bonuses paid to the Plaintiff.

Brief Facts

The Plaintiff's Case

[4] In April 2019, the Plaintiff joined the Third Defendant, Kalysta, as a sales representative and quickly rose through the ranks. Within Kalysta, sales representatives are organised into groups known as "families", each led by a leader.

[5] The Plaintiff co-founded and led the "SOULUV" group, which achieved top sales for 2019 and 2020, making her Kalysta's highest- ranked sales representative with a team of over 400 members.

[6] However, on 26 June 2021, her role as a sales representative for Kalysta was abruptly terminated.

WeChat Group 1 And WeChat Group 3

[7] On 16 July 2021, at around 10:25 pm., the First Defendant published or facilitated the publication of a message in two Kalysta sales representative WeChat groups, which contained defamatory statements about the Plaintiff. At the time, WeChat Group 1 had 297 members and WeChat Group 3 had 318 members. The message implied that the Plaintiff was dishonest, lacked credibility, manipulated others, damaged Kalysta's culture, and plotted against Kalysta for personal gain, among other negative characterisations.

[8] These statements were defamatory and untrue, constituting serious libel against the Plaintiff. The message painted the Plaintiff as a schemer, compulsive liar, irresponsible leader, and someone with questionable moral values. It presented a highly damaging portrayal that affected the Plaintiff's standing within Kalysta.

[9] Following the WeChat message, the First Defendant announced an emergency Zoom meeting at 10:30 pm. that same evening, where they and other group leaders would address the situation involving the Plaintiff. A new WeChat group for the Zoom meeting was created shortly before, including over 200 sales representatives from Kalysta. Members were instructed to contact their group leaders for the meeting link.

The Zoom Meeting

[10] On 17 July 2021, at approximately 2:37 am., during a Zoom meeting with over 200 Kalysta sales representatives, the First Defendant made two defamatory statements about the Plaintiff. The statements, referred to as Zoom Defamatory Statement No 1 and Zoom Defamatory Statement No 2, painted the Plaintiff in a highly negative light, insinuating that she was deceitful, manipulative and engaged in actions to harm others for her gain.

[11] Zoom Defamatory Statement No 1 implied that the Plaintiff was a schemer who carefully planned her actions, used trickery, and crafted excuses to justify her behaviour. Zoom Defamatory Statement No 2 went further, alleging that she had purposely harmed a previous brand and its product, leading to significant losses and negative repercussions for its agents. The statements suggested that she caused irreversible damage to others, was ungrateful and acted selfishly to benefit personally at others' expense.

[12] These defamatory statements were not only untrue but also amounted to serious slander intended to harm the Plaintiff's reputation in her trade and business. The remarks were broadcast to a large group of her peers, impacting her standing within Kalysta and her professional community.

WeChat Souluv Group

[13] On 24 July 2021, at approximately 12:29 am., the First Defendant posted a defamatory message about the Plaintiff in the SOULUV WeChat Group, which included 404 Kalysta sales representatives. The statement attacked the Plaintiff's character, portraying her as insincere, unethical, and untrustworthy. Specifically, the message implied that she was superficial, greedy, hypocritical, and ungrateful, among


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