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2024 MarsdenLR 432

COURT OF APPEAL PUTRAJAYA
TING SIU HUA – Appellant
Versus
DATO TING CHING LEE & ANOTHER APPEAL – Respondent


Petitioner Advocates:Lim Heng Choo,Analissa Lim ,Respondent Advocate: Bong Ah Loi,Mekanda Singh Sandhu,Lai Kwong Hui & Boston Ho Teck Howe

JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] There are two (2) appeals emanating from the decision of the learned High Court Judge to dismiss the plaintiffs' claim for damages for libel, and the defendant's counterclaim for the recovery of credit lines totaling USD1,500,000.00 and the refund of the rolling rebates of USD193,800.00 owed by the 1st plaintiff to the defendant.

[2] For ease of reference, the parties will be referred to in their respective capacities in the High Court.

The Salient Facts

[3] The plaintiffs are businessmen in Sarawak, whilst the defendant is a tour agent and a junket who made arrangements for gamblers to gamble at casinos.

[4] The defendant was appointed as a promoter by Huang Yu Kiung, who operates his business under the style and name of Huang Group for Naga World Limited. Pursuant to a joint venture agreement termed as STG Operator Incentive Program Agreement' dated 1 March 2014 between Naga World Limited and Huang Yu Kiung, Huang Yu Kiung is to bring in patrons to gamble at the Naga Casino, Cambodia.

[5] In December 2014, one Mr Ting Sing King (hereinafter referred to as "TSK") organized a trip to Cambodia. There were five persons involved in the trip, TSK,

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