KOTA KINABALU: A famous fish head curry restaurant here is seeking RM6 million in damages from a blogger and Google Inc for posting alleged defamatory statements on the Internet about its outlet.
Tharumaraj (second left) looks at the writ of summons document held by Marcel (right) outside the High Court registry yesterday.
Jothy Sdn Bhd director Tharumaraj S/O Sivaperumal filed a civil suit at the High Court registry here yesterday, naming blogger Poh Huai Bin and Google Inc as first and second defendants respectively.
The company, represented by counsel Marcel Jude Joseph, is also seeking exemplary or punitive damages to deter the first and second defendants from making a similar outrage in the future and an order to restrain the first defendant from defaming the restaurant on the world wide web.
The company, which runs a restaurant and catering business, is also seeking an order from the court to remove the offending articles from Google and other popular search engines used on the Internet.
Besides, the company is also seeking a mandatory injunction to be issued to the second defendant to restrain Poh from defaming it and to remove the offending articles from the said world wide web.
In its supporting affidavit, the company claimed that the alleged defamatory statements published by both defendants have a tendency to prejudice against the plaintiff in the conduct of its business and deter others from dealing with it and were injurious to the business.
As a result of the defendants’ action, the plaintiff claimed it has suffered loss and damage and its reputation has been affected both locally and internationally.
In its statement of claim, it stated that the good reputation of the restaurant which has been in operation since 1987, is known globally and has been reported as a well-known eating destination in Kota Kinabalu and Sabah in a global television and book series known as the Lonely Planet and referred to as an authority for tourists throughout the world.
The plaintiff also claimed the posting and articles of the first defendant are available and can be read by Internet users throughout Sabah and Malaysia, adding that the second defendant conducts its business within the jurisdiction of this court by reason of the fact that its search engine is used regularly by Internet users in Sabah and Malaysia.