LIM KOO TIEK v TAN BAK LEE (MENGAMALKAN SEBAGAI TAN BAK LEE & CO.)
Catchwords
The governing law As a general rule, libel is actionable per se, meaning that it is not necessary to prove actual damage, as the law presumes that some damage naturally flows from the mere infringement of an individual’s absolute right to reputation. Special damages must be specifically pleaded, whereas general damages need not be pleaded in detail. However, both categories of damages must be proven in order for the Court to make an award. The quantum of damages awarded for vindication, injury to reputation, and emotional distress depends on several factors, such as: (1) the gravity of the allegation; (2) the size and influence of the circulation; (3) the effect of the publication; (4) the extent and nature of the claimant’s reputation; (5) the behaviour of the defendant; and (6) the behaviour of the claimant (See DATUK HARRIS MOHD SALLEH V. DATUK YONG TECK LEE & ANOR [2018] 1 CLJ 145; MGG PILLAI V TAN SRI DATO’ VINCENT TAN [1995] 2 AMR 1776).
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-22ncvc-34-02-2020)