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2022 MarsdenLR 1799

HIGH COURT MALAYA KUALA LUMPUR
PUSHPARAJAN R THACHANAMOORTHY – Appellant
Versus
CHIN WAI YEE – Respondent


Petitioner Advocates:Nur Syakirah Nor Azam Shah,Rathi Nair Narayanan Kutty Nair,Ramesh NP Chandran ,Respondent Advocate: Yong Hooi Chie

JUDGMENT

John Lee Kien How @ Mohd Johan Lee JC:

Introduction

[1] This is the Plaintiff's claim ('this Claim') for damages against the Defendant for a defamatory statement which were allegedly sent by the latter to the Plaintiff's wife via a text message.

Background Facts

[2] Briefly, on 5 June 2017, the Plaintiff's wife received a text message via the iPhone messaging application, iMessage ('the iMessage') via 'michellechin0X@ icloud.com' ("the iCloud Email Address") to her phone.

[3] The Plaintiff contended that the iMessage was defamatory as it had impliedly labelled the Plaintiff as having an extramarital affair. And this has further distressed the Plaintiff's relationship with his wife and their family.

[4] However, at all times, the Defendant disputed that she had ever sent the iMessage to the Plaintiff's wife and argued that she has never owned the iCIoud Email Address. Nevertheless, it was never disputed that the phone number of '012-2XXXXX5' was indeed owned by the Defendant. The Defendant, nonetheless, denied that her phone number had ever been associated with the iMessage and the iCloud Email Address.

[5] As the Plaintiff was not satisfied with the Defendant's response, the Plain

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