ROHANA BINTI IBRAHIM v KHADIJAH BINTI ISKANDAR PIHAK TERKILAN Mohamad Yusri bin Abdullah

ba-23ncvc-67-12-2021 High Court (Mahkamah Tinggi) 20 January 2025 • BA-23NCvC-67-12/2021 • 16 min read
15 cases cited (1 SG, 14 foreign)

Catchwords

TORT: Defamation – Slander and Libel – Offending statements uttered during meeting via MS Teams – An excerpt of the recording circulated via Whatsapp - Whether Offending Statements are capable of bearing the pleaded defamatory imputations about Plaintiff’s professional capability and moral character – No justification pleaded or proved – Explanation given appeared wholly incongruous with the fact – Whether Defendant responsible for the Publication and the Re-Publication of the Offending Statements - Meeting recorded and saved in public channel with access by all employees – Whether it was the natural and probable result of the original publication - Remedies - Quantum is limited by the size and influence of the circulation that the Defendant is legally responsible for – General and aggravated damages - Unapologetic conduct - Manufactured defence

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (5)

Azmi Fadzly Maha & Sim Firm Nazri Aziz Masura Mak & Tan Firm Chang Carrie Counsel Plaintiff Deepak Mahadevan Counsel Defendant Faeza Suraya Roselan Counsel Defendant

Parties (3)

Khadijah binti Iskandar Defendant Mohamad Yusri bin Abdullah Aggrieved Party Rohana binti Ibrahim Plaintiff

Case Significance

ROHANA BINTI IBRAHIM v KHADIJAH BINTI ISKANDAR PIHAK TERKILAN Mohamad Yusri b... is a High Court (Mahkamah Tinggi) decision dated January 20, 2025 (citation: ba-23ncvc-67-12-2021). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of ROHANA BINTI IBRAHIM v KHADIJAH BINTI ISKANDAR PIHAK TERKILAN Mohamad Yusri b...?

ROHANA BINTI IBRAHIM v KHADIJAH BINTI ISKANDAR PIHAK TERKILAN Mohamad Yusri b... is a High Court decision dated January 20, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Defamation Act 1957
s 5

Cases Cited (15)

SLR (1)
[1992] 2 SLR 310
UK (3)
[1963] 3 All ER 952 [1964] AC 234 [1971] 2 All ER 1156
MY (11)
[1973] 2 MLJ 56 [1989] 1 CLJ 152 [1996] 1 MLJ 393 [2003] 4 MLJ 96 [2003] 6 CLJ 559 [2003] 6 MLJ 433 [2018] 1 CLJ 145 [2019] 1 MLJ 580 [2019] 3 CLJ 729 [2021] 4 CLJ 155 [2021] 4 CLJ 327

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-23ncvc-67-12-2021)