Lee Kuan Yew v Joshua Benjamin Jeyaretnam: Defamation Claim over Election Rally Remarks

In 1997, Lee Kuan Yew sued Joshua Benjamin Jeyaretnam for defamation over remarks made at an election rally. Jeyaretnam applied to strike out the action for want of prosecution, which was dismissed by the Senior Assistant Registrar. Jeyaretnam's appeal against this decision was dismissed by the High Court. The court found that the delay was not inordinate and did not prejudice Jeyaretnam, and that striking out the action would serve no purpose as Lee Kuan Yew could simply file a fresh suit. The court dismissed the appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Defamation suit by Lee Kuan Yew against Joshua Benjamin Jeyaretnam over remarks made at an election rally. The court dismissed the defendant's appeal to strike out the action.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Kuan YewPlaintiffIndividualAppeal DismissedWon
Joshua Benjamin JeyaretnamDefendant, AppellantIndividualAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Davinder SinghDrew & Napier
Hri KumarDrew & Napier

4. Facts

  1. The plaintiff sued the defendant for defamation arising out of remarks made at an election rally.
  2. The defendant applied to strike out the action for want of prosecution.
  3. The Senior Assistant Registrar dismissed the defendant's application.
  4. The defendant appealed against the decision of the Senior Assistant Registrar.
  5. The plaintiff had agreed to be bound by the outcome of the Prime Minister's case against the defendant.
  6. The Court of Appeal had found the meaning of the defamatory words.
  7. The defendant was adjudged a bankrupt.

5. Formal Citations

  1. Lee Kuan Yew v Joshua Benjamin Jeyaretnam, Suit 224/1997, [2001] SGHC 52

6. Timeline

DateEvent
Defamatory remarks made at election rally
Trial dates set for Main Suit, this action, and other suits
Order of Court issued for Main Suit to be heard first
Trial of Main Suit began
Trial of Main Suit ended
Rajendran J delivered judgment in Main Suit
Trial of 1995 Suit began
Trial of 1995 Suit continued
Prime Minister appealed Rajendran J's decision
Defendant cross-appealed Rajendran J's decision
Appeals heard in April 1998
Trial of 1995 Suit continued
Court of Appeal dismissed appeal in 1995 Suit
Court of Appeal allowed Prime Minister's appeal and dismissed defendant's cross-appeal
Trial of 1995 Suit continued
Court awarded judgement and damages to plaintiffs in 1995 Suit
Plaintiff's solicitors wrote to defendant's solicitors
Plaintiff applied for further directions
G Krishnan & Co applied to court to discharge themselves
G Krishnan & Co's application granted
Defendant applied to strike out action
Defendant's application dismissed by SAR
Plaintiff's application granted by SAR
Defendant adjudged a bankrupt
Defendant's appeal against bankruptcy order dismissed
Appeal dismissed
Pre-trial conference fixed
Decision Date

7. Legal Issues

  1. Striking Out Action for Want of Prosecution
    • Outcome: The court dismissed the defendant's appeal to strike out the action.
    • Category: Procedural
    • Related Cases:
      • [1993] 2 SLR 232
      • [1968] 2 WLR 366
      • [1978] AC 297
      • [1999] 2 SLR 381
  2. Defamation
    • Outcome: The court relied on the Court of Appeal's findings on the meaning of the defamatory words.
    • Category: Substantive
    • Related Cases:
      • [1998] 1 SLR 547
      • [1998] 3 SLR 337

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Defamation

10. Practice Areas

  • Litigation

11. Industries

  • Politics

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Goh Chok Tong v Jeyaretnam Joshua BenjaminHigh CourtYes[1998] 1 SLR 547SingaporeCited for recording the agreement of plaintiffs to be bound by findings on the meaning of defamatory words.
Goh Chok Tong v Jeyaretnam Joshua BenjaminCourt of AppealYes[1998] 3 SLR 337SingaporeCited for the Court of Appeal's findings on the natural, ordinary, and innuendo meanings of the defamatory words.
Wee Siew Noi v Lee Mun TuckCourt of AppealYes[1993] 2 SLR 232SingaporeCited for the principles governing an application to strike out an action for want of prosecution.
Allen v Sir Alfred McAlpine & Sons LtdN/AYes[1968] 2 WLR 366N/ACited for the principles governing an application to strike out an action for want of prosecution.
Birkett v JamesHouse of LordsYes[1978] AC 297United KingdomCited for the principles governing an application to strike out an action for want of prosecution.
QCD (M) Sdn Bhd (in liquidation) v Wah Nam Plastic Industry Pte LtdN/AYes[1999] 2 SLR 381SingaporeCited for the argument that mere delay was not an abuse of process.
Arbuthnot Latham Bank v Trafalgar HoldingsN/AYes[1998] 2 AER 181N/ACited for establishing abuse of process as an additional ground for striking out an action.
A Balakrishnan & Ors v Nirumalan PillayCourt of AppealYes[1999] 3 SLR 22SingaporeCited in relation to the defendant's bankruptcy proceedings.

13. Applicable Rules

Rule Name
Rules of Court O 14 r 12
Rules of Court O 3 r 5
Rules of Court O 21 r 2(6)
Rules of Court O 21 r 2(6A)
Rules of Court O 21 r 2(6B)
Rules of Court O 21 r 2(7)

14. Applicable Statutes

Statute NameJurisdiction
Interpretation Act (Cap 1) s 16(1)(c)Singapore
Interpretation Act (Cap 1) s 18Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Defamation
  • Election rally
  • Strike out action
  • Want of prosecution
  • Inordinate delay
  • Prejudice
  • Bankruptcy

15.2 Keywords

  • defamation
  • election rally
  • strike out
  • want of prosecution
  • delay
  • prejudice
  • Singapore

17. Areas of Law

Area NameRelevance Score
Defamation90
Civil Practice70
Striking out60
Law of Pleadings50
Evidence50
Affidavits40
Costs40
Settlement Agreement30
Kompetenz-Kompetenz30
Cannabis Law30
Contract Law30

16. Subjects

  • Defamation
  • Civil Procedure
  • Striking Out