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2022 MarsdenLR 1006

HIGH COURT MALAYA ALOR SETAR
TAN BOON PING – Appellant
Versus
NG BOO ABA @ NG HOOI HONG – Respondent


Petitioner Advocates:Tan Lip Gay,Teh Yi Kai ,Respondent Advocate: Lim Teng Cheun,Nashuha Nardhiyah Ahmad

JUDGMENT

Arik Sanusi Yeop Johari JC:

Introduction

[1] This is a defamation suit filed by the Plaintiff against the Defendant for the following claims:

(a) general damages;

(b) aggravated damages;

(c) exemplary damages;

(d) prohibitory injunction to stop the Defendant from slandering the Plaintiff;

(e) interests;

(f) costs; and

(g) other reliefs that the Court thinks fit.

[2] After hearing and considering all the evidence and submissions by both the learned counsels for the Plaintiff and the Defendant, this Court finds that the Plaintiff has failed to prove his case against the Defendant on the balance of probabilities. Therefore, this Court has struck out the Plaintiff's claim with costs of RM15,000.00 subject to the allocator.

Background Facts

[3] The Plaintiff is an individual residing at No 15, Taman Desa Murni, Guar Chempedak, 08800 Gurun, Kedah Darul Aman.

[4] The Defendant is an individual residing at No 1, Taman Desa Aman, Guar Chempedak, 08800 Gurun, Kedah Darul Aman.

[5] The Plaintiff and the Defendant were former partners and directors of a company called Positive Meriah Sdn Bhd ("PMSB"). They were running and operating PMSB's business using the Defendant's premises bearing No 299 and N


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