1. ) Zarina Suleymanova 2. ) Ioannis Koromilas 3. ) Antonios Koromilas v 1. ) Maria Brenda Osowiecki 2. ) Dentone John Arthur Reseigh 3. ) Oliver Toby Reseigh
ba-22ncvc-507-12-2023 High Court (Mahkamah Tinggi) 8 December 2024 • BA-22NCvC-507-12/2023 • 32 min read
38 cases cited
(0 SG, 38 foreign)
Catchwords
A sleepover is something children often eagerly anticipate, creating cherished memories that last a lifetime. However, in the present case, what began as an innocent stayover quickly turned nightmarish – leading to the end of a friendship and the beginning of legal battles in court. In this present suit, the Plaintiffs’ claims against the Defendants can be summarised as follows: Claim 1: as against the Third Defendant, a claim on defamation arising from the purported rumour that the Third Plaintiff had raped the Third Defendant, which rumour was purportedly spread in and out of the School; Claim 2: as against the First and Second Defendants, a claim on negligence in their capacity as the parents for their purported failure to supervise the Third Plaintiff and the Third Defendant, which failure purportedly led to the Third Plaintiff and the Third Defendant consuming alcoholic beverage at the Defendants’ residence; and Claim 3: as against the First and Second Defendants, a claim on negligence in their capacity as the teachers for their purported failure to supervise, specifically in mitigating or containing the spread of rumours in and out of the School. There are two interlocutory applications before this Court. The first is Defendants’ application in Enclosure 13 to strike out the Plaintiffs’ Statement of Claim. The second is the Plaintiffs’ application in Enclosure 36 to amend the Statement of Claim.
Judges (1)
Counsel (4)
Statutes Cited
Child Act 2001 (Cap 611)
Rules of Court 2012
Cases Cited (38)
UK (3)
[1943] 2 All ER 629 [1952] 2 All ER 69114 [1955] AC 549
MY (35)
[1977] 2 MLJ 103 [1981] 2 MLJ 27 [1983] 1 MLJ 213 [1983] CLJ 428 [1985] 1 CLJ 235 [1985] 1 MLJ 347 [1988] 2 CLJ 632 [1988] 3 MLJ 348 [1993] 2 AMR 1969 [1993] 3 MLJ 36 [1993] 4 CLJ 7 [1995] 4 MLJ 616 [1997] 2 MLJ 565 [1997] 3 AMR 2458 [1997] 3 CLJ 305 [1997] 5 MLJ 523 [1998] 1 MLRH 186 [2004] 5 MLJ 377 [2006] 6 MLJ 521 [2012] 1 AMR 20 [2012] 1 CLJ 75 [2012] 1 MLJ 473 [2015] 8 CLJ 1 [2016] 1 MLJ 301 [2017] 1 AMR 481 [2017] 2 MLJ 629 [2017] 6 CLJ 129 [2017] MLJU 1505 [2018] 3 CLJ 241 [2018] 5 AMR 465 [2018] 6 MLJ 761 [2019] 2 CLJ 655 [2024] 3 AMR 825 [2024] 3 MLJ 192 [2024] 5 CLJ 1
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncvc-507-12-2023)