Low Tuck Kwong v Sia Sukamto: Defamation Claim & Amendment of Defence
Low Tuck Kwong sued Sia Sukamto in the High Court of Singapore for defamation based on a letter written by Sia Sukamto's Indonesian solicitors to third parties in Indonesia. Low Tuck Kwong claimed the letter suggested he faced a financial crisis and was not credit-worthy. Sia Sukamto sought leave to amend his Defence to include defences of justification and qualified privilege under Singapore law. Assistant Registrar David Lee granted leave to amend the Defence, and Low Tuck Kwong appealed. Tan Lee Meng J affirmed the decision, dismissing the appeal with costs, holding that the amendments would enable the real issues in the dispute to be tried.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Defamation suit where Low Tuck Kwong sued Sia Sukamto. The court allowed Sia Sukamto to amend his defence to include defenses under Singapore law.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Low Tuck Kwong | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | Tony Yeo Soo Mong, DK Rozalynne PG Dato Asmali |
| Sia Sukamto | Defendant, Respondent | Individual | Leave to Amend Defence Granted | Won | Chandra Mohan, Mark Tan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Lee Meng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tony Yeo Soo Mong | Drew & Napier LLC |
| DK Rozalynne PG Dato Asmali | Drew & Napier LLC |
| Chandra Mohan | Rajah & Tann LLP |
| Mark Tan | Rajah & Tann LLP |
4. Facts
- Mr. Low sued Mr. Sia for defamation.
- The defamation claim was based on a letter written by Mr. Sia's Indonesian solicitors to third parties in Indonesia.
- The letter concerned the listing of PT Bayan Resources Tbk in Indonesia.
- Mr. Low is the controlling shareholder of PT Bayan.
- Mr. Sia claimed a 50% share in PT Bayan and its group of companies.
- Mr. Sia sought to amend his Defence to include defences under Singapore law.
- AR Lee granted leave to amend the Defence.
5. Formal Citations
- Low Tuck Kwong v Sia Sukamto, Suit 703/2008, RA 164/2009, [2009] SGHC 147
6. Timeline
| Date | Event |
|---|---|
| Mr Sia’s Indonesian solicitors wrote a letter to third parties in Indonesia. | |
| Mr Low filed his amended reply. | |
| Decision date. |
7. Legal Issues
- Amendment of Pleadings
- Outcome: The court held that the amendment should be allowed as it would enable the real issues in the dispute to be tried and Mr Low would suffer no substantial prejudice that could not be compensated by costs.
- Category: Procedural
- Sub-Issues:
- Whether the amendment would enable the real issues between the parties to be tried
- Whether the amendment would cause injustice or injury to the opposing party which could not be compensated for by costs or otherwise
- Applicable Law in Defamation Claim
- Outcome: The court held that the question as to which law governs the dispute should not be settled at a hearing of an application to amend the Defence but should be left to the trial judge.
- Category: Substantive
8. Remedies Sought
- Damages for defamation
9. Cause of Actions
- Defamation
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wright Norman v Oversea-Chinese Banking Corp | Court of Appeal | Yes | [1994] 1 SLR 513 | Singapore | Cited for the principle that amendments to pleadings should be allowed to enable the real issues between the parties to be tried, unless it causes injustice that cannot be compensated by costs. |
| Goh Chok Tong v Tang Liang Hong | High Court | No | [1997] 2 SLR 641 | Singapore | Cited regarding the option of pleading actionability under a foreign law by a defendant where the application of the general rule exonerates him under the lex fori or lex loci delicti. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| O 20 r 5(1) of the Rules of Court (2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Defamation
- Amendment of Defence
- Lex fori
- Lex loci delicti
- Justification
- Qualified privilege
- Pleadings
15.2 Keywords
- Defamation
- Amendment of Defence
- Civil Procedure
- Singapore High Court
16. Subjects
- Civil Procedure
- Defamation
17. Areas of Law
- Civil Procedure
- Defamation Law
- Conflict of Laws