CREDIT GUARANTEE CORPORATION MALAYSIA BERHAD vs SSN MEDICAL PRODUCTS SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 373

COURT OF APPEAL PUTRAJAYA
CREDIT GUARANTEE CORPORATION MALAYSIA BERHAD – Appellant
Versus
SSN MEDICAL PRODUCTS SDN BHD – Respondent

Petitioner Advocates:Lim Chee Wee,Lua Kok Hiyong,Khong Siong Sie ,Respondent Advocate: AM Pillai,Chong Ian Shin

Table of Content
1. importance of understanding facts leading to the appeal. (Para 1 , 3 , 4 , 5 , 6 , 10)
2. key arguments presented by both sides in the defamation claim. (Para 11)
3. the appeal addresses the prior judgment regarding negligence and defamation. (Para 12)
4. the court discusses the established duty of care and its implications. (Para 14 , 17)

[1] This is an appeal against the decision of the High Court at Shah Alam delivered on 8 December 2015. The High Court had allowed the respondent's claims for the torts of negligence and defamation with a global award of general damages to be assessed by the Registrar. Further, the appellant was ordered to publish a public apology in a local newspaper. Parties have, however, agreed to stay the execution of the judgment pending the outcome of this appeal.

[2] This appeal was heard on 15 July 2016. After hearing the parties and taking into consideration the written submissions, we had decided to allow the appeal and set aside the order of the High Court. Our reasons for doing so now follow. For convenience, the parties will be referred to as they were in the High Court.

Salient Facts

[3] The salient facts giving rise to the civil suit a

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2016 MarsdenLR 373

COURT OF APPEAL PUTRAJAYACREDIT GUARANTEE CORPORATION MALAYSIA BERHAD – AppellantVersusSSN MEDICAL PRODUCTS SDN BHD – Respondent

COURT OF APPEAL PUTRAJAYA
CREDIT GUARANTEE CORPORATION MALAYSIA BERHAD – Appellant
Versus
SSN MEDICAL PRODUCTS SDN BHD – Respondent