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COURT OF APPEAL PUTRAJAYA
HARRY ISAACS & ORS – Appellant
Versus
BERITA HARIAN SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. defamation allegation details. (Para 1 , 2 , 3 , 4) |
| 2. claims of defamation from appellants and defenses by respondents. (Para 5 , 6) |
| 3. judicial process and admissibility of evidence. (Para 7 , 8 , 9) |
| 4. court's high court findings and the influence of excluded evidence. (Para 10 , 11) |
| 5. judgment on defenses: justification, qualified privilege, fair comment. (Para 12 , 13 , 14 , 15 , 16) |
| 6. considerations for damages, including general and aggravated. (Para 17 , 18 , 19 , 20 , 21) |
| 7. final judgment and order. (Para 22) |
[1] The 1st appellant was at all material times the owner of the 2nd appellant, a private school in Kuala Terengganu. The 3rd appellant is the proprietor of Messrs Isaac & Partners, a firm of advocates and solicitors.
[2] The 1st respondent was the publisher of the newspaper Berita Harian which published the article in its 4 June 1987 issue. The 2nd respondent was the author of the article and the 3rd respondent the company that owned the newspaper
Background Facts
[3] On 4 June 1987, an article titled 'Sekolah Swasta, Firma Guaman Disiasat. Markas Sulit Sebar Kristian' was published in the Berita Harian. Alleging that the article was defamatory of them, t
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