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2023 MarsdenLR 1675

HIGH COURT MALAYA KUALA LUMPUR
TAWFIQ AYMAN & ANOR – Appellant
Versus
PERBADANAN PENGURUSAN ONE MENERUNG & ORS – Respondent


Petitioner Advocates:Wan Muhd Ariff Ameer ,Respondent Advocate: R Vasanthi,Harvinder Singh

Table of Content
1. defamation claims based on management corporation's report. (Para 1 , 2 , 3 , 4 , 5)
2. defendants' statutory duties as committee members. (Para 6 , 9 , 10 , 11 , 12)
3. legal entity can only be sued, not individuals for corporate actions. (Para 7 , 8 , 13 , 14 , 15)
4. claims must show reasonable cause of action. (Para 16 , 17 , 18 , 19)
Roz Mawar Rozain JC:

The Plaintiffs' Suit

[1] The Plaintiffs are homeowners of Unit D-19-2 One Menerung, No 1 Jalan Menerung, Bukit Bandaraya, Bangsar 59100 Kuala Lumpur. The First Defendant is a management corporation established on 28 September 2011 under s 39 Strata Titles Act 1985 ( STA ). The Second Defendant held the position of Chairman of the First Defendant whilst the rest of the Defendants were committee members of the First Defendant. On 5 September 2022 the Plaintiffs discontinued this action against the Seventh Defendant.

[2] The Plaintiffs' action for defamation against the Defendants concerned alleged defamatory statements made in the Chairman's Report dated 30 December 2016 of the First Defendant. They were that there was one unit at One Menerung that had carried out unauthorized installation of water pressure booster

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