CHAN SAN SAN v LIM THOW SIANG
15 cases cited
(1 SG, 14 foreign)
Outcome
I accordingly make the following orders – (a) the appeal is allowed; (b) the order of the Sessions Court dated 29 October 2025 dismissing the Plaintiff's claim with costs of RM9,000.00 is set aside; (c) judgment is entered for the Plaintiff against the Defendant for damages of RM120,000.00, comprising RM80,000.00 in general damages and RM40,000.00 in aggravated damages; (d) the injunction, removal order and apology order set out at paragraph 50 above are granted.
Catchwords
Defamation — Facebook publications — City councillor and politician accused of failing to assist underage prostitution victim — Sessions Court found statements defamatory but upheld justification and fair comment — Appeal allowed. Pleadings — O.78 r.2(3) Rules of Court 2012 — Mandatory requirement to particularise justification and fair comment — Bare pleading without particulars defective and fatal to defences. Evidence — Hearsay — Findings unsupported by admissible evidence — Failure to prove substantial truth of defamatory imputations. Damages — General and aggravated damages awarded — Injunction, removal of posts and apology ordered.
Practice Areas
Judges (1)
Counsel (4)
Parties (2)
Statutes Cited
Defamation Act 1957
s 9
Evidence Act 1950
s 32
Rules of Court 2012
Cases Cited (15)
SLR (1)
[1996] 1 SLR 623
UK (3)
[1895] 2 QB 148 [1969] 2 QB 375 [1986] 1 WLR 147
MY (11)
[1965] 1 MLJ 142 [1996] 1 MLJ 393 [1996] 2 MLJ 517 [2000] 5 CLJ 507 [2001] 3 CLJ 65 [2002] 6 CLJ 352 [2005] 2 MLJ 1 [2012] 1 MLRH 519 [2018] 3 MLJ 726 [2019] 4 CLJ 301 [2026] 3 CLJ 593
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-12b-75-11-2025)