JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] The Appellant appealed ("the Appeal") and the Respondent cross-appealed ("the Cross-appeal") against the decision of the learned Magistrate. For ease of reference, the Appellant and Respondent will be referred to respectively as the Plaintiff and Defendant.

The Background Facts

[2] The Plaintiff's claim ("this Claim") was for an amount of MYR84,345 which the Plaintiff averred was owed by the Defendant for skincare products and treatment that he had obtained from the Plaintiff.

[3] Since no payment was forthcoming, the Plaintiff filed this Claim at the Magistrates Court, whilst the Defendant filed a counterclaim for damages for defamation ("the Counterclaim"). The Magistrate dismissed both the Claim and Counterclaim. As a result thereof, the Plaintiff appealed, and Defendant cross-appealed, which was allowed and dismissed respectively, for the following reasons.

The Applicable Law

[4] The starting point for an appellate Court is the presumption that any decision appealed against is correct in every respect. Therefore, to succeed in an appeal, the Plaintiff and Defendant in this case, must convince this Court that the decision appealed agai