Back
FEDERAL COURT PUTRAJAYA
CHONG CHIENG JEN V.GOVERNMENT OF STATE OF SARAWAK & ANOR
| Table of Content |
|---|
| 1. plaintiffs secured appeal based on statutory rights. (Para 3 , 4) |
| 2. establishment of the defamation claim involving public officials. (Para 5 , 6) |
| 3. government bodies can sue for defamation. (Para 10 , 11 , 12) |
| 4. application of derbyshire principle and statutory context. (Para 30) |
| 5. conclusion upholding the judgment of the court of appeal while remitting for facts. (Para 66 , 67) |
[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as our learned brother, Justice A Samah Nordin has since retired.
[2] In this judgment, the parties will be referred to as they were in the proceedings in the High Court.
[3] This case concerns the defendant's appeal against the majority decision of the Court of Appeal on 7 April 2016, reversing the decision of the High Court Kuching which had, on 28 April 2014, dismissed the plaintiffs' claim for libel against the defendant.
[4] The leave to appeal to this Court was granted on the following questions:
(1) Whether the Government Proceedings Act 1956 (Act 359), and in particular s 3 therein, precludes the principle in Derbyshire County Council v. Times Newspaper Ltd & Ors [1993] AC 534 ("Derbyshire") to
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
