GROUNDS OF JUDGMENT

Su Geok Yiam J:

Background

[1] This is an action by the plaintiffs against the defendants for alleged physical assault, battery, defamation and also breach of contract.

[2] The 1st and 2nd plaintiffs are husband and wife. The 1st plaintiff is an actor and comedian in Malaysia. The 1st plaintiff is also well-known as "Johan Raja Lawak" in Malay or "King of Comedians" in English because he came out third in a competition for the best comedian which was organized by Astro in 2005.

[3] The 2nd plaintiff is an actress in Malaysia who is known on television as "Ozlynn Wati".

[4] The 2nd defendant is a private company incorporated under the Companies Act 1965. The 2nd defendant is a producer of films including films and programmes shown on television.

[5] By a written agreement dated 8 May 2010 ("the contract") which was signed by the 2nd plaintiff on behalf of herself and the 1st plaintiff on the one part and the 2nd defendant on the other part, the 1st and 2nd plaintiffs were engaged by the 2nd defendant to act in a horror play entitled "Bisikan Arwah" in Malay which means "Whisper of the Spirit" in English ("the play"). The play, which would have four episodes and which would be shown on television, was to be filmed by the 2nd defendant for Astro Prima. In the play, the 1st plaintiff was cast in the role of "Imran" whilst the 2nd plaintiff was cast in the role of Imran's wife, namely, "Amirah". The 2nd plaintiff was also cast in the role of "Siti".

[6] The fee for the plaintiffs' services was RM20,000.00. Out of this amount, a sum of RM10,000.00 was paid in advance upon the commencement of the filming of the play into the bank account of the 2nd plaintiff who received it on behalf of herself and the 1st plaintiff.

[7] The filming of the play was scheduled to be carried out at various locations in Sikamat, Seremban, Negeri Sembilan.

[8] The 1st defendant is a director of the 2nd defendant. The 1st defendant was also at the material time the Director of the play.

[9] According to the plaintiffs, at about 6.00 pm and at about 6.30 pm, on 11 May 2010, which was the third day of the filming of the scenes in the play involving the 1st and 2nd plaintiffs, one Anand, the Assistant Director of the play, instructed the plaintiffs to go to a restaurant, namely, Kedai Makan Faizal Maju ("the restaurant"), which was situated nearby to a house which was being rented by the 2nd defendant for the purposes of the filiming of the play in Sikamat, Seremban, ("the filming location") to attend a meeting concerning a change to the script of the play ("the script") which was originally scheduled to be filmed at 2.00 pm that day.

[10] At about 6.30 pm, when the plaintiffs reached the restaurant, the plaintiffs saw the 1st defendant and one of the crew members by the name of Halim ("Halim") seated at a table at the restaurant. When the plaintiffs met up with the 1st defendant and Halim, Halim shouted at the plaintiffs and scolded the 1st plaintiff because the plaintiffs were late in arriving at the filming location and also at the restaurant.

[11] The 1st defendant then abused the 1st plaintiff by uttering profanities against the 1st plaintiff's mother.

[12] The 1st defendant then threw a glass mug at the 1st plaintiff. The glass mug hit the 1st plaintiff on the left side of his forehead slightly above his left eyebrow and broke. The 1st defendant then overturned the table in front of him. Halim then punched the 1st plaintiff on his face. The 1st defendant then punched the 1st plaintiff on his face. He also kicked the 1st plaintiff. The 2nd plaintiff who tried to intervene to protect the 1st plaintiff was also kicked and punched by the 1st defendant and Halim.

[13] The 1st plaintiff sustained injuries to his forehead and face which led to severe bleeding. The 2nd plaintiff suffered from body aches.

[14] The 2nd plaintiff then drove the 1st plaintiff to the Pusat Rawatan Islam Darul Zaqwan Sdn Bhd in Seremban ("the private medical centre") to seek medi