HIGH COURT MALAYA JOHOR BAHRU
HONG AN LIANG – Appellant
Versus
CHEE TECK WAH – Respondent
JUDGMENT
Introduction
[1] This is an application for assessment of damages filed by the Plaintiff pursuant to O 37 r 1 of the Rules of 2012 based on the Judgment in Default of Defence dated 13 October 2021.
[2] After hearing the evidence of the Plaintiff and submission by the Plaintiff's solicitor, I have allowed the claim as follows:
(a) general damages of RM50,000.00;
(b) exemplary damages of RM20,000.00;
(c) interest at 5% per annum on the amount of the judgment from the date of this order until full settlement; and
(d) no order as to costs.
[3] Below are my grounds for the decision.
Background
[4] The background facts in this application are gathered from the cause papers and submissions filed by the Plaintiff and stated in chronological order.
[5] The Plaintiff had filed this civil suit alleging that the Defendant on 16 May 2021 had published and/or caused to publish a Facebook Post using his Facebook account under the name of "Andy Chee" which contains the following impugned words (together with images of the clinic named "Klinik Pergigian Dr Hong" and/or the Plaintiff):
"This is a (dodgy, black-hearted, dental dentist) at Johor Bahru, located at (same row with Ng Ming
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