We had the occasion to act for a property development company and the director of the company, in opposing a civil suit premised on the tort of malicious prosecution, the tort of injurious falsehood, and the tort of abuse of process.
The Plaintiff in the civil suit sought for a number of reliefs, and premised his causes of action on inter alia a police report which the 2nd Defendant lodged against the Plaintiff.
Amongst others, we argued that the police report was covered by absolute privilege. We relied on the Federal Court’s decisions in Noor Azman bin Azemi v Zahida bt Mohamed Rafik [2019] 3 MLJ 141, and Nor Aziz bin Mat Isa v Sun Teoh Tia (SAC) (Pengerusi Lembaga Tatatertib Polis Diraja Malaysia Bukit Aman) & Ors [2021] 2 MLJ 142.
Her Ladyship, Dato’ Faizah binti Jamaludin, agreed with us that the Plaintiff’s action against the Defendants was obviously unsustainable and accordingly should be struck out.
The Plaintiff has since appealed to the Court of Appeal.