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2015 MarsdenLR 2308

COURT OF APPEAL PUTRAJAYA
DATO AHMAD REJAL ARBEE & ANOR – Appellant
Versus
YB MAHFUZ OMAR – Respondent


Table of Content
1. evaluation of defamation claim and its implications. (Para 1 , 4 , 5 , 13)
2. details of defamatory publication's content. (Para 6 , 9 , 12 , 23)
3. discussion of defenses raised, including justification. (Para 14 , 29 , 30 , 36)
JUDGMENT

Mohd Hishamudin Yunus JCA:

Introduction

[1] The appellants were the defendants at the High Court of Shah Alam, and are now appealing before this Court against the High Court's decision. The respondent was the plaintiff at the High Court.

[2] On 19 August 2009, the learned High Court Judge of Shah Alam after a full trial found the defendants liable for defaming the plaintiff and had awarded the latter damages: RM20,000 in general damages, to be paid by the 1st defendant; RM20,000 in general damages, to be paid by the 2nd defendant; aggravated damages of RM110,000, to be paid by the 2nd defendant.

[3] Hence the appeal to this Court. The appeal is against both liability and quantum of damages.

[4] On 21 May 2014, after having heard submissions, we had unanimously dismissed the appeal and affirmed the decision of the High Court Judge on both liability and damages.

[5] We shall now explain the grounds of our decision.

Facts Of The Case

[6] At th

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