JUDGMENT

Su Geok Yiam J:

Parties in main action

[1] Ortus Expert White Sdn. Bhd. ("OEWSB"), the 1st plaintiff in the main action, is a company incorporated in Malaysia with a business address at 13, Jalan Nilam 1/2, Taman Teknologi Tinggi Subang, 47500 Subang Jaya, Selangor, Malaysia.

[2] OEWSB is in the business of marketing and selling beauty products under its own brands including the brands "Royal Expert", "Ortus Expert White" ("OEW") and "Royal Expert Smooth & Clear Brightening Cream" ("the products").

[3] The brand "Royal Expert Smooth & Clear Brightening Cream" is also known as "The Royal Expert Smooth & Clear 3B cream".

[4] Gurdev Singh a/l Jagjit Singh ("Gurdev Singh"), the 2nd plaintiff in the main action, is the Chief Executive Officer ("CEO") of OEWSB at all material times. He is also the Co-Founder of the 1st plaintiff.

[5] Rekha A/P Munisamy ("Rekha"), the sole defendant in the main action, is an indvidividual and a citizen of Malaysia.

[6] Rekha is one of the dealers for the products marketed by OEWSB.

[7] At all material times, Rekha owns and controls a Facebook page known as "Rekha SaiViss".

Parties in counterclaim

[8] The sole plaintiff in the counterclaim is Rekha, the defendant in the main action.

[9] The two defendants in the counterclaim are OEWSB, the 1st plaintiff in the main action, and Gurdev Singh, the 2nd plaintiff in the main action.

Decision of Court dated 11 June 2019 giving judgment to plaintiffs for main action in Amended Writ, enclosure (13), and Amended Statement of Claim, and dismissing defendant's counterclaim in Defence and Counterclaim, enclosure (14), after conclusion of full trial

[10] After the conclusion of the full trial and after considering the submissions of the parties against the backdrop of the parties' pleadings, the cause papers filed by the parties and the evidence adduced by the parties, I gave judgment to the plaintiffs against the defendant for libel on 11 June 2019.

[11] I granted Order-in-terms of the plaintiffs' prayer in paragraph 20 (a) of the plaintiffs' Amended Statement of Claim for a perpetual injunction to restrain the defendant, by herself, agents, servants or otherwise from maintaining and/or publishing statements defamatory of the plaintiffs.

[12] I awarded a sum of RM175,000.00 as general and exemplary damages to the 1st plaintiff and a sum of RM175,000.00 as general and exemplary damages to the 2nd plaintiff for the defendant's libel.

[13] I dismissed the defendant's counterclaim against the plaintiffs for negligence, breach of contract and misrepresentation.

[14] I ordered the defendant to pay to the plaintiffs a sum of RM35,000.00 as the global costs subject to payment of the allocatur.

[15] I also ordered the defendant to pay interest at the rate of 5% per annum on the judgment sums from the date of judgment until the date of full realization.

[16] Being dissatisfied with my decision dated 11 June 2019, the defendant filed, through the law firm of Messrs. Shaik Jireh Rizal ("the defendant's solicitors for the filing of the appeal"), a notice of appeal dated 3 July 2019 to the Court of Appeal on 3 July 2019 against my decision.

Reasons for decision of Court dated 11 June 2019 giving judgment to plaintiffs in main action and dismissing defendant's counterclaim after conclusion of full trial

[17] Below are the reasons why I decided in favour of OEWSB and Gurdev Singh for libel in the main action and against Rekha for negligence, breach of contract and misrepresentation in her counterclaim.

OEWSB's and Gurdev Singh's main action against Rekha

[18] I shall deal firstly with the main action and the background events that led to its filing.

[19] On 4 September 2017, OEWSB and Gurdev Singh ("the plaintiffs") filed the main action against Rekha ("the defendant") to claim for damages for two causes of action, viz the tort of libel and the tort of malicious falsehood, vide a Writ of Summons dated 4 September 2017 ("the Writ"), enclosure (1), and a Statement of Claim dated 30 August 2017 ("