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2024 MarsdenLR 2850
HIGH COURT SABAH & SARAWAK KUCHING
ZURICH GENERAL INSURANCE MALAYSIA BERHAD – Appellant
Versus
CHIN SIAW HONG – Respondent
[Suit No: KCH-22NCvC-3-1/2024 (HC4)]
The court granted an interim injunction in a defamation case, establishing that the statements were unarguably defamatory and that damages would not suffice due to the defendant's bankruptcy.
Headnote:(A) Defamation - Interim Injunction - Legal requirements for granting an interim injunction in defamation cases established in Ngoi Thiam Woh v. CTOS Sdn Bhd & 2 Ors, [2001] 4 MLJ 510 - The court must find that the statement is unarguably defamatory, that there are no grounds for concluding that the statement may be true, and that there is evidence of an intention to repeat the defamatory statement. (Paras 27, 30, 46)
(B) The Plaintiff, a public limited insurance company, sought an interim injunction to prevent the Defendant from making defamatory statements on social media. The Defendant, who denied ownership of the Facebook account, was found to have made multiple defamatory statements that lowered the Plaintiff's reputation. (Paras 1, 6, 36)
Facts of the case:
The Plaintiff contended that the Defendant published false statements on social media that damaged its reputation and sought an injunction to stop further publications. The Defendant, a bankrupt individual, denied being the owner of the Facebook account in question. (Paras 2-5, 9)
Findings of Court:
The court found sufficient evidence to support the Plaintiff's claims and established that the Defendant was the owner of the Facebook accounts in question. (Paras 26, 50)
Issues: The key issues included whether the Defendant was the owner of the Facebook accounts and whether the statements made were defamatory. (Paras 17, 40)
Ratio Decidendi: The court ruled that the statements made by the Defendant were unarguably defamatory and that the Defendant's denials lacked credibility, thus justifying the granting of an interim injunction. (Paras 30, 41)
Result: The application for an interim prohibitory injunction was allowed with costs in the cause.
JUDGMENT
Introduction
[1] This is an application by the Plaintiff for an interim injunction dated 19 January 2024 (Encl 3) to, inter alia, prohibit the Defendant from publishing any words or statements that may be defamatory of the Plaintiff in the Facebook account under the user name "Hui Tai Lang" and to delete the impugned defamatory statements.
Background Facts
[2] The Plaintiff is at all material times a public limited company incorporated in Malaysia. The Plaintiff has a registered address at Level 25, Mercu 3, No 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur and a business address at Level 23A, Mercu 3, No 3, Jalan Bangsar, KL Eco City, 59200 Kuala Lumpur. The Plaintiff is a multinational insurance company providing insurance products and services to individuals, companies and serves customers worldwide.
[3] The Defendant is at all material time, a Malaysia citizen having his National Registration Identity Card no: 690707-13-5103 and his residential and service address at 55 Lot 7673, Taman Tun Shi Lorong 1N, Jalan Foochow 1, 93300 Kuching Sarawak. The Defendant has been adjudged bankrupt on 21 October 2015 by the Kuching High Court vide bankruptcy case No KCH-29NCC-379/5-2015. As such, the Plaintiff has applied for and obtained leave to commence action before filing the Interim Injunction Application against the Defendant.
[4] The Plaintiff contends that the Defendant is the owner and/or operator of the Facebook account with the profile / handler name 'Hui Tai Lang' via the Uniform Resource Locator (URL) as follows: https://www.facebook.com/yen.guo 52 with has about 5,947 followers at the date of filing of this suit on 17 January 2024 and such profile can be accessed, viewed, seen and/or has full exposure and publication to members of the public worldwide. ("Facebook Account"). The Defendant is also the owner and/or controller and/or operator of the Facebook account with the profile/handle name "Chin Siaw Hong" via the URL as https://www.facebook.com/profile.php?id=100008795988343.
[5] The Defendant is the Policy Holder of a Private Car Policy No 622100022882- 00 issued by the Plaintiff for the Toyota Land cruiser Prado bearing registration number JEB 118. On or about 23 December 2021, the Defendant alleged that he was involved in an accident when he was driving from Kuching to Miri and had skidded and rammed into the drain while avoiding a dog which was crossing the road. The Defendant submitted a claim with the Plaintiff following the accident. On 13 January 2022, the Plaintiff offered a sum of RM10,900.00 to the Defendant on a Beyond Economical Repair basis.
[6] The Plaintiff contends that on or about August 2023 to January 2024, the Defendant had made, published and/or posted various untrue and false statements on the Facebook Account uttering, mentioning, making, publishing and/or insinuating the Plaintiff as an unprofessional, conspired, untruthful, non-credible, fraudulent, distrustful, dishonest, malice, offensive insurance company which had caused and/or could lower the Plaintiff's dignity and professionalism as a multinational public listed insurance company and exposed the Plaintiff to hatred, disguised, insults, ridicule and/or mockery by the general public, particularly the about 5,945 followers of the Facebook Account.
[7] As a result thereof, the Plaintiff has been subjected to intensive backlash, condemnation, injury to its character, credibility, professionalism, reputation, integrity, trade and business and suffered serious loss and damages.
[8] On 3 January 2024, the Plaintiff's previous advocates issued a letter of demand against the Defendant to among others, remove all Facebook postings of the defamatory statements and publish a full, unqualified and unconditional withdrawal and apology on the Facebook Account. However, the Defendant still failed, refused and/or neglected to remove the defamatory statements from the Facebook Account and/or to publish an apology as demanded.
[9] On th
