Piong Michelle Lucia v Yuk Ming Cheung: Defamation Claim, Forum Non Conveniens
In Piong Michelle Lucia v Yuk Ming Cheung and others, the Singapore High Court addressed the plaintiff's defamation claim against the defendants. The plaintiff, Vice President of Pan Sino International Holdings Ltd, alleged defamation through emails and letters. The defendants applied for a stay of proceedings based on forum non conveniens, arguing Hong Kong was a more appropriate forum. The High Court dismissed the plaintiff's appeal, upholding the stay and finding Hong Kong to be a distinctly more appropriate forum considering the location of witnesses, evidence, and the nature of the dispute.
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
The High Court stayed defamation proceedings, ruling Hong Kong a more appropriate forum than Singapore, considering witness and evidence locations.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Others | Defendant, Respondent | Corporation | Stay of Proceedings Granted | Won | |
| Piong Michelle Lucia | Plaintiff, Appellant | Individual | Appeal Dismissed | Lost | |
| Yuk Ming Cheung | Defendant, Respondent | Individual | Stay of Proceedings Granted | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Quentin Loh | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kenneth Pereira | Advocatus Law LLP |
| Tony Au Thye Chuen | Tan & Au LLP |
| Carolyn B.H. Tan | Tan & Au LLP |
4. Facts
- Plaintiff sued Defendants for defamation based on emails and letters.
- The 1st Defendant was an auditor sent by the 2nd Defendant to audit the accounts of Pan Sino.
- The 2nd Defendant was appointed by Pan Sino to be their auditor.
- The 3rd Defendant provided corporate secretarial services to clients of the 1st and 2nd Defendants.
- The Plaintiff obtained leave to serve the Writ on the Defendants in Hong Kong.
- The Defendants applied for a stay of proceedings on the ground of forum non conveniens.
- The Plaintiff applied for interlocutory and/or final judgment against the Defendants.
5. Formal Citations
- Piong Michelle Lucia v Yuk Ming Cheung and others, Suit No 659 of 2009 (Registrar's Appeal No 50 of 2010), [2010] SGHC 110
6. Timeline
| Date | Event |
|---|---|
| Email sent by the 1st Defendant alleging the Plaintiff was “very cunning and dishonest”. | |
| Email sent by the 1st Defendant alleging the Plaintiff was doing two of them a “big dis-service”. | |
| Email sent by the 1st Defendant stating that the Plaintiff was “toxic, unfair, lying, attacking, bullying, threatening and like so much to frame up people”. | |
| Police report lodged regarding the theft of shares from Mr Harmiono Judianto. | |
| The 3rd Defendant sent a letter to the Chairman of Platinum Securities Ltd asking that he freeze shares registered in the name of Silk Route International Ltd and Flanders Fields Corporation. | |
| The 2nd Defendant sent a letter to G W Barth AG referring to the purchase of a plant from them by Hesley Cocoa International Pte Ltd. | |
| The 3rd Defendant sent a letter to Tricor Tengis Ltd asking for some share certificates. | |
| Writ of Summons filed. | |
| AR Ang Ching Ping heard the applications and granted the stay. | |
| Appeal dismissed with costs. | |
| Plaintiff appealed against the decision. | |
| Decision Date |
7. Legal Issues
- Forum Non Conveniens
- Outcome: The court held that Hong Kong was a distinctly more appropriate forum for the trial.
- Category: Procedural
- Related Cases:
- [1987] AC 460
- Defamation
- Outcome: The court did not rule on the merits of the defamation claim, as the proceedings were stayed.
- Category: Substantive
8. Remedies Sought
- Damages
- Withdrawal of defamatory statements
- Written apology
- Apology published in newspapers
- Costs
- Interest
9. Cause of Actions
- Defamation
10. Practice Areas
- Commercial Litigation
11. Industries
- Accounting
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spiliada Maritime Corporation v Cansulex Ltd | House of Lords | Yes | [1987] AC 460 | England and Wales | Cited for the principles to be applied in deciding the appeal on the ground of forum non conveniens. |
| Berezovsky v Michaels | Court of Appeal | Yes | [2000] 1 WLR 1004 | England and Wales | Cited by the Plaintiff to support the argument that Singapore was the natural forum because the Plaintiff’s reputation had been injured in Singapore. |
| Bata v Bata | Unknown | Yes | [1948] WN 366 | England | Cited by the Plaintiff to support the argument that the material part of the cause of action in libel was not the writing but the publication. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 11 r 1(c) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 11 r 1(f) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 11 r 1(p) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 11 r 1(q) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Defamation
- Forum non conveniens
- Stay of proceedings
- Auditor
- Publication
- Hong Kong
- Singapore
- Pan Sino
- Permanent Resident
15.2 Keywords
- Defamation
- Forum non conveniens
- Singapore
- Hong Kong
- Stay of proceedings
- Auditor
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Defamation | 90 |
| Forum Non Conveniens | 80 |
| Jurisdiction | 70 |
| Civil Procedure | 50 |
| Company Law | 30 |
16. Subjects
- Defamation
- Civil Procedure
- Jurisdiction