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2025 MarsdenLR 1300

HIGH COURT MALAYA JOHOR BAHRU
LAU KOK GUAN @ LOW KOK GUAN – Appellant
Versus
CHEAH CHIA HSING – Respondent


Petitioner Advocates:Ong Kow Meng,Raw Kim Hwa ,Respondent Advocate: G Nanda Goban,Tan Chee Ying

JUDGMENT

Noor Hisham Ismail J:

Introduction

[1] This is a defamation action filed by the Plaintiff ("P") against the Defendant ("D") and a counterclaim by D for tort of abuse of process against P.

[2] At the end of the trial, after having heard counsel for both parties, this Court had dismissed both the claim and counterclaim where the parties were ordered to bear their own costs.

[3] Parties have since filed their respective appeals to the Court of Appeal.

[4] Hence, this is the Court's grounds of judgment for the said decision.

Salient Facts

[5] This matter originated at the Sessions Court but was transferred to this Court by consent of both parties on 10 May 2021.

[6] P was, at the material time and still at present, an advocate and solicitor of the High Court of Malaya, practicing in his own law firm in Johor Bahru, Johor.

[7] D was, at the material time, one of P's pupils in his chambers. At present, D is also an advocate and solicitor practicing in a law firm somewhere in the Klang Valley.

[8] D started her pupillage with P on 3 January 2019. According to D, it was P's representation that he possesses extensive knowledge and skills in civil litigation that led D to apply to undergo her

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