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1992 MarsdenLR 294

HIGH COURT MALAYA KUALA LUMPUR
THE INSTITUTE OF COMMERCIAL MANAGEMENT UNITED KINGDOM – Appellant
Versus
THE NEW STRAITS TIMES PRESS (MALAYSIA) BHD – Respondent


Petitioner Advocates:Wee Choo Keong ,Respondent Advocate: C Abraham,N Navaratnam

JUDGMENT

Lim Beng Choon J:

[1] In this action the plaintiffs claim against the defendants damages for libel in respect of the words contained in an article entitled "British 'diploma mills' step up sales racket" published by the defendants on p 4 of the issue of the New Straits Times dated 29 April 1985.

[2] The trial of this action is concerned with the usual, and in this case a very important issue as to the ordinary and natural meaning of the words complained of. The second issue is whether the defence of justification avails the defendants. The third issue is whether the defence of fair comment on matters of public interest likewise avails the defendants. The fourth issue of whether the defendants were actuated by malice will only arise where the answer of court to the third issue is in the affirmative because the defence of fair comment on matters of public interest is of no avail when it is shown that the defendants were actuated by malice in publishing the article.

[3] At the trial, counsel for the plaintiffs in the course of the examination in chief of PW1, one Mr AFS Ford, the Company Secretary and Director of Education of the plaintiffs' Company, attempted to elicit certain f

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