Subject: Law of Torts in Malaysia

Question: In the final analysis, it was my finding that the Defendant had deliberately abstained from inquiring into the facts, and in my view, based on her demeanour and testimony in Court, she was not interested in the truth of what had actually transpired on the night of 4 February 2018. Pursuant to the accounts given by the Plaintiff's witnesses, it was my opinion that the actual version had been scrambled by the Defendant to the extent that it was furthest from the truth. Malice was, therefore, not negated and as such, the defence of fair comment had failed, as the comments which were based on falsity, were enveloped in bad faith, and not made in the interest of the public.

HIGH COURT (JOHOR BAHRU) EVROL MARIETTE PETERS JC

With reference to the above judgment, critically examine the case/s ofMasyitah Bt Md Hassan V Sakinah Bt Sulong [2020] MLJU 2227 | [2021] 7 MLJ 144.

Format:

- use ILAC,

- use Malaysia case for relevant citation.