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2010 MarsdenLR 1532

HIGH COURT, KUALA LUMPUR
TAN SHEONG KEE – Appellant
Versus
MAMPU JAYA SDN BHD & ANOR – Respondent


Table of Content
1. claim of damages for defamation. (Para 1 , 2 , 3)
This appeal relates to the appellant's/plaintiff's claim for damages against the 2nd respondent only. The 1st respondent was wound up. The claim is premised on the tort of defamation and in particular the publication of a libelous letter dated 6.2.2002 issued by 2nd respondent to Messrs Lim Teck Chuan & Associates. Despite the 2nd respondent did not come to court to give evidence, the claim was dismissed with cost by the learned Session Judge on 30.10.09. The appellant appealed to this court.

Background facts

Presently, the appellant is a businessman. Prior to this suit, he was a development manager with Modular Resources Sdn Bhd (MRSB) who had been appointed by the Dewan Bandaraya Kuala Lumpur to develop a condominium project known as Gurney Heights. The appellant received partial remuneration in the form of credit notes that would go towards the purchase price of one of the units in the Gurney Heights project pursuant to the terms and conditions of the appellant's employment with MRSB. MRSB failed to complete the Gurney Heights project and this resulted in the appointment of Mampu Jaya Sdn Bhd as a substitute devel

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