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