FEDERAL COURT PUTRAJAYA
LEE YOKE YAM – Appellant
Versus
CHIN KEAT SENG – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 1 , 2) |
| 2. factual background regarding shareholders and management disputes. (Para 3 , 4 , 5 , 6) |
| 3. details of the legal actions taken in shah alam high court. (Para 7 , 8 , 9) |
| 4. lodging of police report and claim of defamation. (Para 10 , 11 , 12 , 13 , 14) |
| 5. high court's dismissal of plaintiff's claim. (Para 15 , 16) |
[1] This is an appeal against the decision of the Court of Appeal dated 30 March 2011 which dismissed the appellants appeal against the decision of the High Court dated 28 August 2009. This Court had on 24 October 2011 granted the appellant leave to appeal on the following question:
"Whether statements in a police report are protected by the defence of absolute privilege and therefore no party can file a defamation suit against the maker of the police report in the Malaysian context?"
[2] In this judgment, the appellant will be referred to as the plaintiff and the respondent as the defendant, as they were in the High Court.
The Facts
[3] The facts giving rise to this appeal may be summarised as follows: Both the plaintiff and defendant were at all material times shareholders and members of the boar
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