HIGH COURT MALAYA PULAU PINANG
SIVA SUBRAMANIAM M SHANMUGAM – Appellant
Versus
FRANCES JOYCELYN NATHAN & ORS – Respondent
JUDGMENT
Introduction
[1] This court had on 27 October 2022 allowed the Plaintiff's claim against all the Defendants for tort of defamation with costs. This is an Appeal against the decision of this court. This judgment contains the reason for my decision.
[2] The Plaintiff was the only witness on his behalf and the Defendants have called 7 witnesses. The parties are referred to as they were in the High court. The Plaintiff is an advocate and solicitor, practicing under the name of Messrs Subramaniam and Shafiq.
[3] The 1st defendant ("D1") is the Senior Claims Manager of the 3rd defendant which process claims arising from motor and non-motor insurances policies.
[4] The 2nd defendant ("D2") was the Head of Claims Division and Seniors Sales Consultant in the 3rd defendant's company until 20 September 2019.
[5] The 3rd defendant ("D3") is an Insurance Company under Companies Act 1965 and is the current employer of the D1 and previous employer of the D2.
The Cause Papers
[6] The parties have filed the following cause papers:
(a) Witness Statement of Siva a/l M Shamugam [WSPW1]
(b) Witness Statement of Sufaizah Binti Shukor [WSDW1]
(c) Witness Statement of Anita Kaur [WSDW2]
(
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