KOMARKCORP BERHAD v THE EDGE COMMUNICATION SDN. BHD.

w-02ncvcw-693-04-2024 Court of Appeal (Mahkamah Rayuan) 30 July 2025 • W-02(NCvC)(W)-693-04/2024 • 13 min read

6 cases cited (0 SG, 6 foreign)

Catchwords

Keywords: Whether the impugned paragraph refer to Plaintiff – Whether Plaintiff was defamed – Article referred to a group of individual - Particeps criminis - No compelling evidence that Plaintiff’s reputation was adversely impacted – Particulars of malice - O 78 r 3(3) of the Rules of Court 2012 - Defence of justification and qualified privilege - Lucas-Box Justification - Reynolds Defence – Opportunity to publish statement in response but elected not to - Read as a whole – Whether necessary to determine element of defamatory when finding of fact has been made that words do not refer to Plaintiff

Practice Areas

Keywords: Whether the impugned paragraph refer to Plaintiff

Judges (3)

Azhahari Kamal bin Ramli Coram S. Nantha Balan a/l E.s. Moorthy Coram Utama Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (6)

Kanesalingam & Co Firm Terrence Lee & Co Firm Alex Tan Chie San Counsel Appellant K. Shanmuga Counsel Respondent Natalie Jong Ling Li Counsel Respondent Tan Su Ning Counsel Appellant

Parties (2)

KOMARKCORP BERHAD Appellant THE EDGE COMMUNICATION Sdn Bhd Respondent

Case Significance

KOMARKCORP BERHAD v THE EDGE COMMUNICATION SDN. BHD. is a Court of Appeal (Mahkamah Rayuan) decision dated July 30, 2025 (citation: w-02ncvcw-693-04-2024). <p>Komarkcorp Berhad, a Bursa-listed company, sued The Edge Communications for defamation over an article about penny stock manipulation. The Court of Appeal dismissed the appeal, finding that the impugned paragraph did not refer to the appellant — rather, the appellant was portrayed as a victim of the alleged manipulation by a group of individuals, not as a participant in the crime.</p> The panel comprised Azhahari Kamal bin Ramli, S. Nantha Balan a/l E.s. Moorthy and Utama Wan Ahmad Farid bin Wan Salleh, with Utama Wan Ahmad Farid bin Wan Salleh delivering the judgment. Counsel appearing: Alex Tan Chie San (counsel for appellant), K. Shanmuga (counsel for respondent), Natalie Jong Ling Li (counsel for respondent), Tan Su Ning (counsel for appellant).

Summary

Komarkcorp Berhad, a Bursa-listed company, sued The Edge Communications for defamation over an article about penny stock manipulation. The Court of Appeal dismissed the appeal, finding that the impugned paragraph did not refer to the appellant — rather, the appellant was portrayed as a victim of the alleged manipulation by a group of individuals, not as a participant in the crime.

What was the outcome of KOMARKCORP BERHAD v THE EDGE COMMUNICATION SDN. BHD.?

<p>Komarkcorp Berhad, a Bursa-listed company, sued The Edge Communications for defamation over an article about penny stock manipulation. The Court of...

Statutes Cited

Rules of Court 2012

Cases Cited (6)

UK (2)

[1944] AC 116 [1971] 1 WLR 1239

MY (4)

[1993] 2 MLJ 408 [1996] 1 MLJ 393 [2016] 5 AMR 115 [2021] 2 MLJ 577