[2013] 1 LNS 454
In this action the Plaintiff is seeking for damages for libel and negligence against the Defendant founded on a Proclamation of Sale published in the Malay Mail newspaper dated 13.9.2002. In its Defence, the Defendant essentially contends (i) they were justified in publishing the Proclamation of sale as the Plaintiff had defaulted the terms of the Home Express Loan Agreement and the Defendant was entitled to institute legal action against the Plaintiff, (ii) they were not negligent as they had taken sufficient measures before commencing legal action against the Plaintiff, (iii) they did not disclose any information to CTOS Sdn Bhd (“CTOS”) regarding the Proclamation of Sale and (iv) they did not delay to instruct CTOS to update the information about the Plaintiff in the records of CTOS. Although the high court allowed the plaintiff’s claim but was overturned by the court of appeal. Datuk Ganesan acted for the bank, including on appeal.