Statements in police reports are protected by absolute privilege, irrespective of malice, hence defamation suits based on such reports are untenable.

[1] We have read the draft grounds of our learned brother, Justice Hamid Sultan Bin Abu Backer. However, with regret and respect, we are unable to concur with him on the outcome of this appeal. Hence the grounds herein are the views of myself and my sister Justice Umi Kalthum Binti Abdul Majid and reasons as to what we think should be the outcome of this appeal.

[2] This is an appeal by the Appellant/Plaintiff against the decision of the High Court in which the learned Judge allowed an application pursuant to O 18 r 19 (a) Rules of 2012 by the Respondent/Defendant to strike out the statement of claim in which the cause of action is grounded on the tort of libel premised on a police report made by the Respondent.

[3] We heard the appeal on 18 April 2017 and had reserved our decision. We have since given further consideration to the submissions by respective counsel and now give our decision and grounds.

Background Facts

[4] The Appellant has a service contract with Village Grove Condominium Management Corporation (VGC) in which the Appellant provided services which included collecting payments from debtors of VGC and forward any payments of debts to the creditors of VGC.

[5] Three cheques were issued by VGC, two of those cheques were issued to Yunco Enterprise Sdn Bhd (Yunco) and Perunding EC Rakan. These cheques were signed by the Respondent and one Angeline Bateman who are the authorised signatories of the cheque account of VGC. The cheques were collected by the Appellants employee on 17 July 2015.

[6] On 20 July 2015, VGC received a letter from Yunco with a threat to sue VGC for loss and compensation for non-payment of its debt to Yunco. The Respondent made enquiries with the Appellant, to which no reply was received by the Respondent and neither were the cheques returned back to the Respondent.

[7] In view of what had happened to his enquiries, the Respondent made a police report relating to the three cheques. The police report was then published by the Respondent by affixing the same on the public notice board of Block A and Block D of the condominium complex.

[8] The police report reads as follows:

"I, Lo Yen Yuk (541216-13-5206) is making this report on behalf of residents of Village Grove Condominium (VGC).

Three cheques dated 13 July 2015 as stated below and issued by VGCMC cannot be located today.

1. Yunco Enterprise Sdn Bhd (Yunco) - HLBB 001081 amounting to RM169,911.34 dated 13 July 2015.

2. Yunco Enterprise Sdn Bhd (Yunco) - HLBB 001082 amounting to RM61,051.00 dated 13 July 2015.

3. Perunding EC Rakan (EC) - HLBB 001083 amounting to RM15,000.00 dated 13 July 2015.

Fifiriana, the account clerk of Kalung Makmur Sdn Bhd (KM) has collected the cheques from me on 16 July 2015 for the payment to VGCs contractor, Yunco and VGCs consultant. EC still havent; received any payment from KM despite frequent follow up with KM office.

The cheques were signed by two other council members, VGC is undergoing a change of council members. I learnt from Ms Joyce Kho, the manager of Hong Leong Bank (HLB), RH Plaza Branch that the new council members went to HLB on 10 July 2015 to change the signatories to their names and signatures. They submitted the minutes of a meeting held on 9 July 2015 which showed them to be the new council. No authorization letter from old council members was given. Without further verification HLB made the change in signatures based on the minutes given by new council members and effective from 15 July 2015 onward.

The new signatories that the bank