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2010 MarsdenLR 1023

COURT OF APPEAL PUTRAJAYA
S ASHOK KANDIAH & ANOR – Appellant
Versus
DATO YALUMALLAI MUTHUSAMY & ANOR – Respondent


Petitioner Advocates:Porres P Royan,T Sudhar ,Respondent Advocate: Dato' Ghazi Ishak,Nazeera Hanifa

Table of Content
1. summary of parties involved and background (Para 1 , 46 , 47 , 48 , 49)
2. overview of primary defenses raised (Para 5 , 30 , 31 , 32)
3. analysis of absolute privilege (Para 6 , 8 , 9 , 12 , 14)
4. justification of alleged libel claims (Para 18 , 19)
5. defense of fair comment considerations (Para 35 , 38 , 39)
6. events leading to the impugned letter (Para 60 , 61 , 62 , 63 , 64 , 65 , 68)
7. court's conclusion on misrepresentation (Para 70 , 73 , 75 , 76)
Abdul Malik Ishak JCA:

[1] This is my supporting judgment to the judgment of my learned brother Nihrumala Segara MK Pillay, JCA. It is self evident that the words in the impugned letter written by the first defendant were a reiteration of the words spoken in the course of the proceedings on 13 August 1999 in the Kuala Lumpur Sessions Court. According to the first defendant, he wrote the impugned letter to place on record the events of 13 August 1999 as he believed that he had a duty to do so as an officer of the Court and in the honest belief that the contents of the impugned letter were true.

[2] By sitting at the bar table (dressed in a white shirt, a tie and a black coat) and by assisting the first plaintiff in the

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