Judge M Gunalan said there was merit in the appeal by the New Straits Times Press (Malaysia) Bhd as the High Court judge was plainly wrong in her decision two years ago to allow the suit filed by Restoran Nasi Kandar Irfanah Sdn Bhd (RNKI) and M Theyagarajan.

Gunalan said the words or statements in the three disputed articles were not defamatory and did not have the tendency to tarnish Theyagarajan and RNKI’s reputation and business.

“As such, they are not capable of exposing Theyagarajan and RNKI to hatred, ridicule or contempt in the mind of a reasonable man,” he said in his 31-page judgment posted on the judiciary’s website yesterday.

Gunalan further said the bench was inclined to agree with NSTP that the High Court judge had failed to consider and address her mind to the defences available.

The other judges who had heard the appeal were Nor Bee Ariffin and Ahmad Nasfy Yasin.

NSTP had on March 13, 2017 posted three articles on its online publication, its Facebook and newspaper, the New Straits Times.

Theyagarajan and RNKI, represented by R Dharmendra Kumar, alleged that the articles were defamatory of them as they contained a photograph of him allegedly seated at one of its premises.

He commenced an action for libel against NSTP, seeking general damages for loss of reputation and goodwill as a restaurant operator for 16 years.

RNKI commenced a similar action for loss of reputation, goodwill in its business, loss of business profits and damages for the closure of its business.

NSTP, represented by Harjinder Kaur, relied on the defences of justification, fair comment and qualified privilege.

Theyagarajan and RNKI were each awarded RM50,000 in general damages by the High Court. However, RNKI’s claim for special damages was dismissed.