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2019 MarsdenLR 520

COURT OF APPEAL PUTRAJAYA
MOHD RAFIZI RAMLI – Appellant
Versus
DATO SRI DR MOHAMAD SALLEH ISMAIL & ANOR – Respondent


Petitioner Advocates:Ranjit Singh,Ng Siau Sun & Carmen Ng ,Respondent Advocate: Sarah Abishegam,Noor Farhah Mustafa & Ian Hannibal

Table of Content
1. defendant's appeal on damages and defamation. (Para 1 , 2)
2. discussion on public interest in defamation. (Para 3 , 4)
3. court's assessment of fair comment and privilege. (Para 5 , 6)
4. judgments on the applicability of defenses. (Para 7 , 8 , 9)
5. final judgment on appeal outcome and conclusions. (Para 10 , 11)
[1] The appellant/1st defendant in a defamation action appeals against the decision of the learned High Court Judge for awarding a sum of RM150,000.00 as damages plus costs, etc. The respondents/plaintiffs also have cross-appealed on the decision of the learned judge.

[2] In the instant case the 1st plaintiff had made an application for loan for the purchase of eight units of offices, with the strength of money deposited in the account of the 2nd plaintiff, which money has nexus to Government funding. When the 1st defendant made the statement, he was not aware that the application for the loan was cancelled by the bank and/or did not proceed. This fact was also not brought to the notice of the 1st defendant until the plaintiffs commenced the action.

[3] The brief facts and the grounds of decision of the learned judge have been placed in a rudimentary manner

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