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2019 MarsdenLR 2196

HIGH COURT MALAYA JOHOR BAHRU
PT TARAKUSUMA INDAH & ANOR – Appellant
Versus
THE QBEE MOTOR GROUP SDN BHD – Respondent


Petitioner Advocates:Allen Chong ,Respondent Advocate: Ng Chew Hor

Table of Content
1. overview of plaintiff's defamation claim. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. outline of defendant's defense against allegations. (Para 8 , 9 , 10 , 11)
Choo Kah Sing J:

Introduction

[1] The plaintiffs brought a defamation suit against the defendant, and the parties have gone through a full trial. On 14 August 2019, this Court dismissed the plaintiffs' claim. The reasons for the decision are set down as below.

Background Facts

The Plaintiffs' Case

[2] The 1st plaintiff is a company incorporated in Indonesia. The 1st plaintiff's nature of business is manufacturing, distributing and selling motorcycle helmets and related accessories under the brand name and style of "KYT".

[3] The 2nd plaintiff is a company incorporated in Malaysia. The 2nd plaintiff is the exclusive distributor and seller of the 1st plaintiff's products in Malaysia, especially the helmets with the brand name "KYT".

[4] The plaintiffs averred that on 14 October 2017, a posting in the Facebook account 'Durian Bikers' stated as follows:

"Last week's accident in JB, Malaysia 2 different helmets, 2 different outcomes - KYT Helmet user passed away. Pilot Helmet user survived. What do you make of this? Comment bel

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