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2016 MarsdenLR 140

FEDERAL COURT PUTRAJAYA
DATO TAN CHIN WOH – Appellant
Versus
DATO YALUMALLAI @ M RAMALINGAM V MUTHUSAMY – Respondent


Table of Content
1. consideration for right of action in defamation. (Para 1 , 5)
2. application of absolute privilege in legal defenses. (Para 8 , 10)
3. infringement of natural justice by denying the right to reply. (Para 17 , 19)
4. reinstatement of the original judgment on appeal. (Para 22)
Arifin Zakaria CJ:

[1] This is an appeal by the appellant against the decision of the Court of Appeal dated 20 September 2012 which allowed the respondent's appeal. Leave to appeal was granted by this Court on 18 June 2013 and 29 July 2015 on the following four questions of law:

(i) Whether a person on an occasion of privilege as between himself and some other person, makes some defamatory statement affecting a third person who has nothing to do with the privilege occasion, that third person would have a right of action against that person making the defamatory statement?

(ii) Whether the defence of qualified privilege which apply to a defamatory statement made on an occasion of privilege applies to a republication thereof to a third party?

(iii) Having regard to the established principle that parties are bound by their pleadings, may the Court of Appeal hearing an appeal against the decision of the

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