Low Leong Meng v Koh Poh Seng: Defamation Claim over Email & Costs Allocation
Low Leong Meng appealed the District Court's decision regarding cost allocation in a defamation action against Koh Poh Seng. The defamation claim arose from an email Low sent to managers of Koh's employer, DMS. The District Judge initially dismissed the action and ordered each party to bear their own costs. Kan Ting Chiu J remitted the matter back to the District Judge to hear submissions on costs. The District Judge reaffirmed his decision. Chan Seng Onn J allowed Low's appeal, setting aside the District Judge's order and ordering Koh to pay Low's trial costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Defamation appeal concerning an email. High Court allowed appeal, ordering respondent to pay appellant's costs, reversing District Judge's decision.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Low Leong Meng | Appellant | Individual | Appeal allowed | Won | Simon Jones, Jayagobi Jayaram |
| Koh Poh Seng | Respondent | Individual | Costs of the trial to be paid to the Appellant | Lost | Tan Tee Giam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Simon Jones | Grays LLC |
| Jayagobi Jayaram | Grays LLC |
| Tan Tee Giam | TanLim Partnership |
4. Facts
- The Appellant sent an email to two managers of the parent company of the Respondent’s employer.
- The Respondent sued the Appellant for defamation arising from the email.
- The District Judge dismissed the Respondent’s claim and ordered that each party was to bear his own costs.
- The Appellant appealed against the District Judge’s decision on costs.
- The High Court remitted the matter to the District Judge to hear submissions on costs.
- The District Judge reaffirmed his decision that each party should bear its own costs.
- The Appellant appealed again against the District Judge’s decision on costs.
5. Formal Citations
- Low Leong Meng v Koh Poh Seng, District Court Appeal No 31 of 2011, [2012] SGHC 1
6. Timeline
| Date | Event |
|---|---|
| Appellant sent the Email | |
| District Judge dismissed the Respondent’s claim | |
| Appellant granted leave to appeal | |
| Appellant requested for DCA 43/2010 to be re-fixed for a hearing | |
| Registry replied to inform the Appellant that Kan J had directed the parties to take whatever actions they considered to be appropriate on the basis of the District Judge’s Second Decision | |
| Appellant’s solicitors followed up with another letter to the Registry | |
| Registry replied to inform the parties that Kan J had directed that the Registry’s letter dated 29 April 2011 was to stand | |
| Low Leong Meng affidavit date | |
| Appellant granted leave to appeal | |
| Judgment reserved |
7. Legal Issues
- Defamation
- Outcome: The court did not rule on whether the email was defamatory as the appeal was limited to the issue of costs.
- Category: Substantive
- Allocation of Costs
- Outcome: The court held that the District Judge was manifestly wrong in the exercise of his discretion and ordered the Respondent to pay the Appellant's costs of the trial.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
- Costs
9. Cause of Actions
- Defamation
10. Practice Areas
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tullio Planeta v Maoro Andrea G | Court of Appeal | Yes | [1994] 2 SLR(R) 501 | Singapore | Adopted the principles governing cost orders. |
| Re Elgindata Ltd (No 2) | English Court of Appeal | Yes | [1993] 1 All ER 232 | England and Wales | Exposition of the principles governing cost orders. |
| Raffles Town Club Pte Ltd v Lim Eng Hock Peter and others (Tung Yu-Lien Margaret and others, third parties) | High Court | Yes | [2011] 1 SLR 582 | Singapore | Summary of the applicable principles may also be found in my decision |
| Review Publishing Co Ltd and another v Lee Hsien Loong and another appeal | Court of Appeal | Yes | [2010] 1 SLR 52 | Singapore | Test for determining the natural and ordinary meaning of allegedly defamatory words |
| Koh Poh Seng v Low Leong Meng | District Court | Yes | [2010] SGDC 256 | Singapore | District Judge’s first decision |
| Koh Poh Seng v Low Leong Meng | District Court | Yes | [2011] SGDC 130 | Singapore | District Judge’s second decision |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Defamation
- Costs
- Shadow director
- Justification
- Qualified privilege
15.2 Keywords
- defamation
- costs
- Singapore
- High Court
- appeal
16. Subjects
- Defamation
- Civil Procedure
- Costs
17. Areas of Law
- Defamation Law
- Civil Procedure
- Law of Costs