JUDGMENT

Suraya Othman JCA:

Introduction

[1] This is an appeal against the decision of the High Court on 10 June 2016 dismissing the appellant/the plaintiffs claims premised on the tort of defamation and malicious falsehood in respect of three articles and two videos published in the Malaysiakini news portal by the 1st respondent/defendant.

[2] We heard the appeal over two non-consecutive days. On the second day of hearing, that is on 22 June 2017, learned counsel for the appellant advised this Court that the appellant has been voluntarily wound up by its creditors and that he has been given a warrant to act for the appellants behalf on 19 June 2017. This was confirmed by learned counsel for the respondents as per affidavit affirmed on 21 June 2017 (see encl 8). We then proceeded to continue to hear the case and having perused the appeal records and given due consideration to the respective oral and written submissions of counsel, we reserved our decision. We now give our decision and our reasons for the same.

Background Facts

[3] The appellant, Raub Australian Gold Mining Sdn Bhd ("RAGM") operates a gold mine and produces gold bars at its Carbon-in-Leach ("CIL") plant. The a