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2003 MarsdenLR 413

HIGH COURT MALAYA KUALA LUMPUR
SOH CHUN SENG – Appellant
Versus
CTOS-EMR SDN BHD – Respondent


Petitioner Advocates:Philip Chai,CW Kok ,Respondent Advocate: Haris Mohd Ibrahim,Nor Isman Ismail

JUDGMENT

Ramly Ali J:

[1] By his statement of claim, the plaintiff is claiming for damages for defamation arising from a libellous statement which has been published against him by the defendant. In particular, the plaintiff states that by a report dated 29 April 1997 the defendant published statements to Audio One Entertainment Sdn Bhd which by its natural and ordinary meaning and/or innuendo are false and libellous in nature thereby causing injury to the plaintiff's reputation.

[2] The defendant's defence is premised on the grounds that the words are not defamatory and the words are true in substance and in fact.

Facts Of The Case

[3] The plaintiff is, at all material times, a businessman and director of several companies known as the Audio One Groups of Companies. The plaintiff alleged that by a credit check report dated 29 April 1997 undertaken by the defendant at the request of a customer of the defendant, the defendant had reported, printed and published or caused to be reported, printed and published defamatory words of and concerning the plaintiff. The report states, inter alia, as follows:

Credit Search Report Dated 29 April 1997 Done by: Sabila

IMPORTANT: This report is confiden

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