ALLIED PHYSICS SDN BHD vs KETUA AUDIT NEGARA & ANOR AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 627

COURT OF APPEAL PUTRAJAYA
ALLIED PHYSICS SDN BHD – Appellant
Versus
KETUA AUDIT NEGARA & ANOR AND OTHER APPEALS – Respondent

Table of Content
1. dismissal of the plaintiff's claims based on the lack of defamatory meaning. (Para 1 , 2 , 11)
2. arguments on whether statements were defamatory as they lacked licensure. (Para 12 , 15 , 20)
3. importance of context in publication under the auditor general's statutory duties. (Para 21 , 33 , 36)

Vernon Ong Lam Kiat JCA:

Introduction

[1] The five appeals herein relate to a decision of the High Court given on 31 January 2014 after a full trial dismissing the plaintiff's claims for damages for defamation against the Auditor General of Malaysia (Appeal No 146), The New Straits Times Press (Malaysia) Bhd (Appeal No 810), Guang Ming Ribao Sdn Bhd (Appeal No 811), Berita Harian (Appeal 812) and Sin Chew Media Corporation Bhd (Appeal No 813).

[2] On 20 June 2014, the Court of Appeal ordered that the five appeals to be consolidated and heard together. In this judgment the parties shall be referred to as they were in the Court below.

The Salient Facts

[3] The plaintiff is in the business of carrying out quality control (QC) tests on X-ray machines, CT scanners and X-ray machine operators.

[4] The plaintiff was at the material time the holder of a Class H licence and is registered

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2015 MarsdenLR 627

COURT OF APPEAL PUTRAJAYAALLIED PHYSICS SDN BHD – AppellantVersusKETUA AUDIT NEGARA & ANOR AND OTHER APPEALS – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
ALLIED PHYSICS SDN BHD – Appellant
Versus
KETUA AUDIT NEGARA & ANOR AND OTHER APPEALS – Respondent