DATO' DR LOW BIN TICK v DATUK CHONG THO CHIN

02-72-10-2015w Federal Court (Mahkamah Persekutuan) 6 August 2017 • 02-72-10/2015(W)

Catchwords

Tort : Defamation - Absolute privilege - Letters alleged to be defamatory sent to various investigative agencies without authority or mandate - Whether absence of such authority or mandate would negate or make unavailable defence of absolute privilege - Whether requisite authority or mandate is necessary for absolute privilege to apply Tort : Defamation - Absolute privilege - Nature and scope of - Whether police report protected by absolute privilege - Public policy considerations Tort : Defamation - Absolute privilege - Reports to other public investigative agencies and authorities - Whether ratio in Lee Yoke Ham v. Chin Keat Seng ought to be applied to reports to other public investigative agencies and authorities - Whether report to other public investigative agencies and authorities protected by absolute privilege Tort : Defamation - Libel - Malice - Whether defence of qualified privilege not available if shown tortfeasor actuated by actual or express malice or if tortfeasor motivated by some indirect or wrong motive - Whether mere act of filing complaints with various relevant authorities, without more, insufficient to prove malice Tort : Defamation - Qualified privilege - Letter of complaint sent by Complainant as President of Association to Bar Council because Complainee an advocate and solicitor - Whether Complainant had an interest to make such complaint - Whether Bar Council had corresponding interest to receive such letter of complaint - Whether such letter of complaint protected by qualified privilege Tort : Defamation - Qualified privilege - Nature and scope of - Whether qualified privilege depended on the nature of the occasion in which the impugned communication was made - Whether a matter of law for the judge to decide whether occasion was privilege

Practice Areas

Tort Defamation

Judges (5)

Ahmad bin Haji Maarop Delivered Hasan bin Lah Coram Panglima Richard Malanjum Coram Ramly bin Haji Ali Coram Wira Aziah binti Ali Coram

Parties (2)

Dato' Dr Low bin Tick Appellant Datuk Chong Tho Chin Respondent

Judgment

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Source: eJudgment (02-72-10-2015w)