HOCK PENG REALTY SDN BHD vs TING SIE CHUNG @ TING SIEH CHUNG & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 635

COURT OF APPEAL KUCHING
HOCK PENG REALTY SDN BHD – Appellant
Versus
TING SIE CHUNG @ TING SIEH CHUNG & ANOTHER APPEAL – Respondent

Petitioner Advocates:Lim Heng Choo,George Lim,Alvin Wong ,Respondent Advocate: Chong Siew Chiang,George Lo,Carole Ngu

Table of Content
1. the judgment provides an overview of the factual background regarding the appeals. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. the court's analysis of the applicable legal principles, especially absolute privilege in defamation. (Para 7 , 10 , 11 , 12)
3. discusses the grounds of appeal and legal arguments presented by the appellant regarding defamation and abuse of process. (Para 8 , 9)
4. concluding remarks on the determination of damages and costs related to abuse of process. (Para 13 , 14 , 15 , 16 , 17)

Hamid Sultan Abu Backer JCA:

[1] There were two appeals fixed for hearing before us on 18 April 2017 arising from the same decision of the High Court related to defamation and tort of abuse of process of Court.

[2] Appeal No Q-02(W)-1129-06/2016 (1st appeal) is the appeal of the plaintiff in the High Court suit No 22-53-2009 and appeal No Q-02(W)-343-02/2017 (2nd appeal) is the appeal by the defendant.

[3] The 1st appeal is related to the complaint of the plaintiff that the learned judge had dismissed the cause of action in defamation and only provided a sum of RM50,000.00 for the tort of abuse of process of Court.

[4] The 2nd appeal is related to the complaint that the Court sh

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2017 MarsdenLR 635

COURT OF APPEAL KUCHINGHOCK PENG REALTY SDN BHD – AppellantVersusTING SIE CHUNG @ TING SIEH CHUNG & ANOTHER APPEAL – Respondent

Cases Referred (1)

COURT OF APPEAL KUCHING
HOCK PENG REALTY SDN BHD – Appellant
Versus
TING SIE CHUNG @ TING SIEH CHUNG & ANOTHER APPEAL – Respondent