COURT OF APPEAL PUTRAJAYA
MAK KHUIN WENG – Appellant
Versus
MELAWANGI SDN BHD – Respondent
| Table of Content |
|---|
| 1. appellant claims defamation requirements differ for corporations. (Para 1 , 2 , 3 , 4 , 20) |
| 2. malicious falsehood distinct from standard defamation claims. (Para 5 , 7 , 8 , 11 , 12) |
| 3. appeal allowed; trial court's ruling set aside. (Para 21 , 22 , 23) |
[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
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