I was asked by BFM Radio to comment on the Court of Appeal judgement of CTOS Data Systems Sdn Bhd v Suriati binti Mohd Yusof [2024] CLJU 1719 which overturned the High Court decision (Suriati binti Mohd Yusof v CTOS Data Systems Sdn Bhd [2024] CLJU 440) declaring that CTOS is liable negligence and breach of fiduciary duty in misrepresenting the plaintiff’s credit rating which lead to a loss of reputation, personal losses and business losses. Essentially, the Court of Appeal held that there was indeed a debt and there was no duty of care on the part of CTOS.
However, there seems to be mismatch between the High Court and Court of Appeal judgments as the former mentioned that there had been breach of fiduciary duty but the Court of Appeal held that there was no breach of statutory duty.
You may listen to my interview below from minute 25:35 onwards.
4. CTOS files an appeal after being sued for defamation due to an inaccurate credit rating, which brings into question whether CTOS can provide credit ratings which affect the livelihood of citizens.
Produced by: Alia Zefri, Sudais Ferhard, Hannah Kuah, Sharaad Kuttan
Presented by: Lee Chwi Lynn, Sharaad Kuttan
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