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2017 MarsdenLR 862

COURT OF APPEAL PUTRAJAYA
GOVINDARAJI RAJARAM & ORS – Appellant
Versus
WONG CHEW FATT & ORS AND ANOTHER APPEAL – Respondent


Table of Content
1. final ruling and costs awarded (Para 1)
2. legal capacity in defamation suits (Para 2 , 3 , 4)
3. citing precedent on management corporation's authority (Para 5)

[1] We heard this appeal on 4th November 2016 and after having taken on board, the submissions of counsels and the various issues raised, we reserved our decision to be delivered today wherein we allow the said appeal and dismissed the Respondent's suit against the Appellant. For the purposes of this Judgment, we shall refer to the parties as they were cited in the High Court.

Material Facts

[2] We deal with the argument raised by the Defendants with regard to the juridical capacity of the Plaintiffs to sustain a suit for defamation, one of the pivotal grounds for this appeal.

[3] Can it be said that the defamatory statements found in the impugned statement refer to the Plaintiffs in their individual capacity or the sting against the Joint Management Committee (JMC). The JMC is a creature of statute having the legal capacity to sue and be sued and so the only body that can be defamed is the JMC and not the individual members of the same.

[4] Perusing through the impugned letter and the statement of claim, to ou

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