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2024 MarsdenLR 1278

HIGH COURT MALAYA SHAH ALAM
PRAKASH MANIAM @ SUBRAMANIAM – Appellant
Versus
PUVENESWARAN ARUMUGAM – Respondent


Petitioner Advocates:Maurice Scully ,Respondent Advocate: Justin Yap Khai Wen,Danielle Dickman

JUDGMENT

Jamhirah Ali JC:

Introduction

[1] This is the Appellant/Defendant's appeal against the learned Sessions Court Judge (SCJ) decision dated 20 December 2022 in allowing the Respondent/Plaintiff's claim.

[4] The Defendant refuted the Plaintiff's claim in his defence. The Defendant pleaded that he never uttered the defamatory statements. In the alternative, the Defendant raised the defences of justification and qualified privilege with respect to the defamatory statements.

[2] For ease of reference, the parties will be referred to as they were at the Court below.

[3] The Plaintiff commenced this action against the Defendant for defamatory statements uttered by the Defendant against the Plaintiff in the presence of a third party. The Plaintiff claimed that due to the defamatory statements by the Defendant, the Plaintiff had suffered damage.

[4] The Defendant refuted the Plaintiff's claim in his defence. The Defendant pleaded that he never uttered the defamatory statements. In the alternative, the Defendant raised the defences of justification and qualified privilege with respect to the defamatory statements.

[5] After a full trial, the SCJ allowed the Plaintiff's claim and inter ali


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