KUALA LUMPUR: Former Associated Chinese Chambers of Commerce and Industry of Malaysia (ACCCIM) president Tan Sri Lim Guan Teik has been awarded RM200,000 in damages by the High Court here yesterday over a statement made by a businessman which was published by two Chinese dailies three years ago.
In the judgment, Justice Lau Bee Lan said the statement by Hai-O Enterprise Bhd co-founder and group managing director Tan Kai Hee, who was named the sole defendant in the suit, in its natural and ordinary meaning was defamatory of the plaintiff
The statement was published in the Sin Chew Daily and Nanyang Siang Pau.
“The defendant’s intention to make the impugned statement is irrelevant. As far as the court is concerned, the defendant made the statement actuated by malice,” she said.
She said that the defence on fair comment did not apply to the defendant. Lau awarded general and aggravated damages to the plaintiff in the sum of RM200,000, with interest of four per cent from the day of the filing of the suit to the date of judgment, and five per cent interest from today until full settlement.
She also ordered Tan to pay RM100,000 in costs to Lim.
The suit was filed by Lim and another ex-ACCCIM president, Tan Sri Ngan Ching Wen on Nov 20, 2007. Ngan passed away on March 1 last year, but his legal action remained intact.
In the suit, Lim stated that the articles in the dailies were defamatory of him
In his statement of claim, Lim said that on Nov 5, he had instructed his solicitors to demand the defendant to retract his statement and make an apology, but the latter did not reply to the demand. — Bernama