1. ) ROSNAN BIN MAT JIHIN 2. ) ZAITON BINTI MOHAMMED JUDI v Norasmunira Binti Mohd Alwi

Case Significance

Illustrates appellate readiness to increase exemplary or aggravated damages for reckless defamation containing serious criminal imputations while preserving the trial court’s general-damages assessment.

This High Court decision at Shah Alam is an appeal by two plaintiffs against the quantum of damages awarded by the Sessions Court in a defamation claim. The defamation concerned online postings that carried, among other things, grave criminal accusations against the plaintiffs. The Sessions Court had entered judgment in the plaintiffs’ favour without a trial, under Order 35 of the Rules of Court 2012, because the defendant did not attend, and it then assessed damages at RM30,000 in general damages together with RM5,000 in exemplary or aggravated damages, plus costs. Dissatisfied with the sums, the plaintiffs appealed, contending that the awards, and in particular the exemplary damages, were too low given the reckless and emotive nature of the defamatory postings and the seriousness of the allegations. The High Court allowed the appeal in part. On general damages, it declined to interfere with the Sessions Court judge’s exercise of discretion, noting that the plaintiffs had not proved that the impact of the statements on their reputation warranted the much higher figures — of the order of RM150,000 and above — that they urged by reference to other decided cases, each of which turned on its own facts. On exemplary or aggravated damages, however, the Court found that the trial judge had failed to give proper judicial appreciation to the fact that the defendant had acted rashly and emotionally in publishing defamatory material containing serious criminal imputations, which justified a higher award. Guided by authorities including Chin Choon v Chua Jui Meng and the Rookes v Barnard categories, the Court raised the exemplary or aggravated damages to RM15,000 for each plaintiff while maintaining the other orders, with costs of the appeal of RM3,000. Per Noor Hayati binti Haji Mat J, the judgment illustrates appellate adjustment of exemplary damages in defamation while preserving the trial court’s general-damages assessment.