Back
Next 
2014 MarsdenLR 568
HIGH COURT MALAYA PENANG
LIM GUAN ENG – Appellant
Versus
FZ SDN BHD & ANOR – Respondent
[Civil Case No: 23NCVC-2-01/2012]
Important Points
Jurisdiction in defamation cases is determined by the location of reputational damage, establishing that local court connection is paramount for proceeding.
Subject
Civil Law - Defamation
Act Referred
Courts of Judicature Act 1964: S.12
Rules of Court 2012: S.57
Federal Constitution: S.121
Court of Judicature Act 1964: S.23(1)
Rules of Court 2012: S.57
Federal Constitution: S.121
Court of Judicature Act 1964: S.23(1)
Headnote
(A) Federal Constitution - Article 121 - Court of Judicature Act 1964 - Transfer of proceedings - Application to transfer the defamation suit from Penang High Court to Shah Alam High Court denied. Court held that the High Court in Malaya has jurisdiction where cause of action arose, notably where damage to reputation occurred, and evidence shows proceedings predominantly related to Penang. (Paras 17-34)
Facts of the case:
The Chief Minister of Penang sued the owner and editor of a website over defamatory statements regarding a probe into the purchase of a Mercedes-Benz. The defendants sought to transfer the case from Penang to Shah Alam.
Findings of Court:
The Court found that the connection to Penang was more substantial due to the nature of the alleged defamation. The transfer application was dismissed on grounds of local jurisdiction.
Issues: Whether the High Court in Penang has jurisdiction, and whether it is the appropriate forum for the case.
Ratio Decidendi: The place where the damage to reputation occurred is critical for establishing jurisdiction in defamation cases. The High Court in Penang retains jurisdiction as the cause of action arose there. (Paras 18-21)
Result: Defendant's application to transfer the case was dismissed with costs.
Facts of the case:
The Chief Minister of Penang sued the owner and editor of a website over defamatory statements regarding a probe into the purchase of a Mercedes-Benz. The defendants sought to transfer the case from Penang to Shah Alam.
Findings of Court:
The Court found that the connection to Penang was more substantial due to the nature of the alleged defamation. The transfer application was dismissed on grounds of local jurisdiction.
Issues: Whether the High Court in Penang has jurisdiction, and whether it is the appropriate forum for the case.
Ratio Decidendi: The place where the damage to reputation occurred is critical for establishing jurisdiction in defamation cases. The High Court in Penang retains jurisdiction as the cause of action arose there. (Paras 18-21)
Result: Defendant's application to transfer the case was dismissed with costs.
| Table of Content |
|---|
| 1. factual background of the case (Para 1) |
[1] This is an application to transfer the proceedings of this Civil Suit No 23NCVC-2-01 of 2014 by the plaintiff against the defendants from the High Court of Malaya at Penang to the High Court of Malaya at Shah Alam pursuant to O 57 r 1 of the Rules of 2012 and/or para 12 of the Schedule of the Courts of Judicature Act 1964 .
