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2025 MarsdenLR 1944

HIGH COURT MALAYA SHAH ALAM
DATIN PADUKA CHE ASMAH IBRAHIM – Appellant
Versus
KAMARUL ZAMAN YUSOFF – Respondent


Petitioner Advocates:Mohamad Reza Abu Hassan,Mohamad Nufail Altaf Mohd Zaim Munir ,Respondent Advocate: Mohd Harris Mohan Abdullah

Table of Content
1. defamation case background and parties involved. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. determination of defamatory meaning. (Para 7 , 8 , 14 , 15 , 16 , 20 , 21)
3. test for understanding defamatory words. (Para 9 , 10 , 11 , 12 , 13)
4. interpretation of implication in defamation. (Para 18 , 19 , 22 , 23 , 24)
5. defenses of justification and fair comment. (Para 30 , 31 , 32 , 33 , 34)
6. court's conclusions on appeal outcome. (Para 39 , 40 , 41)
Elaine Yap Chin Gaik JC:

Introduction

[1] The Appellant/Defendant was found liable to the Respondent/Plaintiff for defamation after a full trial, and was ordered by the Sessions Court to pay global damages of RM100,000.00, issue a public apology and an admission that the impugned statements are false and be restrained by an injunction from repeating the libel, with costs of RM30,000.00.

[2] Referring to the parties as they were in the Court below, this Court heard the Defendant's appeal and allowed the appeal, set aside the Judgment of the Sessions Court and ordered costs at the High Court and below in the sum of RM30,000.00 for the Defendant. The Plaintiff has appealed to the Court of Appeal against this decision.

Undisputed Facts

[3]

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