SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 MarsdenLR 1253

COURT OF APPEAL PUTRAJAYA
MAK KHUIN WENG – Appellant
Versus
MELAWANGI SDN BHD – Respondent


Hamid Sultan Abu Backer JCA:

[1] The appellant/defendant appeals against the decision of the learned trial judge who allowed an action for defamation by the respondent/plaintiff.

[2] It was the appellant's contention that limited companies (incorporated under the Companies Act 1965) cause of action in defamation is limited in nature as opposed to individual person; and when it involves public corporation and/ or Governmental bodies and/or institutions which deals with matters related to public then such corporation, bodies and/or institutions cannot maintain an action for defamation based on the House of Lords' decision in Derbyshire County Council v. Times Newspapers Ltd & Others [1993] AC 534.

[3] In essence, the appellant asserts that: (i) the respondent cannot maintain an action for defamation in respect of the words which reflect solely upon its individual staff and not upon itself; (ii) further, the staff was not the alter ego of the respondent. The appellant in anchoring the argument relied, inter alia, on the following cases, namely: (i) John Holland Group Pty Ltd & Anor v. John Fair Fairfax Publications Pty Ltd & Anor [2006] ACTSC 34, (ii) Kerajaan Negeri Terengganu & Ors v.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top