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2015 MarsdenLR 805

FEDERAL COURT PUTRAJAYA
SYARIKAT BEKALAN AIR SELANGOR SDN BHD – Appellant
Versus
TONY PUA KIAM WEE – Respondent


Azahar Mohamed FCJ:

Introduction

[1] This is an appeal from the judgment of the Court of Appeal that reversed the judgment of the High Court. The appeal arises from an action brought in the High Court by the appellant, Syarikat Bekalan Air Selangor Sdn Bhd (the plaintiff in the High Court). The appellant sued the respondent, Tony Pua Kiam Wee (the defendant in the High Court) for defamation in relation to words that he uttered at a forum that were later published in an article in two local newspapers.

[2] We will describe the parties in this judgment as they appear in the High Court, namely the appellant as the plaintiff and the respondent as the defendant.

[3] The High Court had on 6 June 2012, after full trial, allowed the plaintiffs claim and ordered the defendant to pay RM200,000.00 in general damages. The defendant appealed to the Court of Appeal and on 27 March 2013, the Court of Appeal set aside the High Court orders. Aggrieved by the judgment of the Court of Appeal, the plaintiff applied for leave to appeal to the Federal Court under s 96(a) of the Courts of Judicature Act 1964 and on 18 March 2014, this Court granted leave to appeal to the plaintiff on five questions of law.

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