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2017 MarsdenLR 2756

HIGH COURT MALAYA SHAH ALAM
SITI SAKINAH MEOR OMAR BAKI – Appellant
Versus
ZAMIHAN MAT ZIN & ANOR – Respondent


Petitioner Advocates:Meor Amir ,Respondent Advocate: Yazer Azzad Zainudin

Table of Content
1. organizations can pursue defamation claims affecting goodwill. (Para 1 , 4 , 5)
2. non-trading corporations can sue for defamation. (Para 2)
3. defendants denied statements, establishing credibility issues. (Para 10 , 12 , 20)
4. criteria for establishing defamation against individuals and organizations. (Para 23 , 25 , 28)
5. plaintiff proved essential elements of defamation. (Para 24 , 31)

[1] This is a defamation case. The plaintiff is the chairman of an organization known as Syria Care, which was estab-lished under the Societies Act 1966 (the SA ) and is filing the action in this suit in her capacity as the public officer of Syria Care under s 9(c) of the same.

[2] Before I proceed in deliberating the evidence given at the trial and the liability of the parties herein, let me dispose a preliminary issue, even though it has not been canvassed by the parties. It is this. Can the plaintiff, being a society un-der the SA , institute an action in defamation? In other words, does Syria Care have the necessary locus to maintain this action?

[3] The short answer to this can be found in proposition of law as expounded by the Court of Appeal in the case of Amber Court Man

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