Chan Cheng Wah Bernard v Koh Sin Chong Freddie: Defamation Damages Assessment

The High Court of Singapore heard the assessment of damages following the Court of Appeal's decision that Koh Sin Chong Freddie defamed Chan Cheng Wah Bernard and others, who were members of the Singapore Swimming Club's management committee. The defamatory statements concerned alleged misrepresentations regarding club expenditure. The court awarded each plaintiff $70,000 in general damages and $35,000 in aggravated damages, considering the gravity of the defamation, the plaintiffs' positions, the extent of publication, and the defendant's conduct.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Damages assessed and awarded to the plaintiffs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages for defamation. The court awarded $70,000 in general damages and $35,000 in aggravated damages to each plaintiff.

1.7 Decision Date

24 September 2012

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Others	Plaintiff	Corporation	Damages Awarded	Won	Tan Chee Meng SC of WongPartnership LLP Chang Man Phing of WongPartnership LLP Yong Shu Hsien of WongPartnership LLP
Koh Sin Chong Freddie	Defendant	Individual	Damages Assessed	Lost	R.S. Bajwa of Bajwa & Co
Chan Cheng Wah Bernard	Plaintiff	Individual	Damages Awarded	Won	Tan Chee Meng SC of WongPartnership LLP Chang Man Phing of WongPartnership LLP Yong Shu Hsien of WongPartnership LLP

3. Judges

Judge Name	Title	Delivered Judgment
Judith Prakash	Judge	Yes

4. Counsels

Counsel Name	Organization
Tan Chee Meng SC	WongPartnership LLP
Chang Man Phing	WongPartnership LLP
Yong Shu Hsien	WongPartnership LLP
R.S. Bajwa	Bajwa & Co

4. Facts

Plaintiffs were members of the Singapore Swimming Club's management committee.
Defendant made defamatory statements about the plaintiffs regarding club expenditure.
The defamatory statements were published in the minutes of MC meetings.
The Court of Appeal found the defendant liable for defamation.
The defendant did not apologize for the defamatory statements.
The defendant's conduct was motivated by personal spite and malice.
The plaintiffs' standing in the Club was injured by the libel.

5. Formal Citations

Chan Cheng Wah Bernard and others v Koh Sin Chong Freddie, Suit No 33 of 2009, [2012] SGHC 193
Chan Cheng Wah Bernard and others v Koh Sin Chong Freddie and another appeal, , [2012] 1 SLR 506
Arul Chandran v Chew Chin Aik Victor JP, , [2001] 1 SLR(R) 86
Lim Eng Hock Peter v Lin Jian Wei and another and another appeal, , [2010] 4 SLR 357
Ei-Nets Ltd and another v Yeo Nai Meng, , [2004] 1 SLR(R) 153
Ng Koo Kay Benedict and another v Zim Integrated Shipping Services Ltd, , [2010] 2 SLR 860
Segar Ashok v Koh Fonn Lyn Veronica and another suit, , [2010] SGHC 168
Tu Dongning v Hua Yuan Association and Another Suit, , [2004] SGDC 127
Lonzim Plc v Andrew Sprague, , [2009] EWHC 2838

6. Timeline

Date	Event
2007-05-01	Plaintiffs became members of the management committee of the Singapore Swimming Club.
2008-05-01	Defendant became the president of the Club.
2008-10-29	First Statement made during MC meeting.
2008-11-26	Second Statement made during MC meeting.
2009-01-01	Plaintiffs sued the defendant for defamation.
2012-01-01	First and Second Statements republished in the Press Publication on Club’s Matters.
2012-09-25	Judgment issued.

7. Legal Issues

Assessment of Damages for Defamation
- Outcome: The court determined the appropriate quantum of general and aggravated damages to be awarded to the plaintiffs.
- Category: Substantive
- Sub-Issues:
  - Gravity of defamation
  - Extent of publication
  - Defendant's conduct
  - Failure to apologize
  - Presence of malice
- Related Cases:
  - [2012] 1 SLR 506
  - [2001] 1 SLR(R) 86
  - [2010] 4 SLR 357
  - [2004] 1 SLR(R) 153
  - [2010] 2 SLR 860
  - [2010] SGHC 168
  - [2004] SGDC 127
  - [2009] EWHC 2838

8. Remedies Sought

Monetary Damages

9. Cause of Actions

Defamation

10. Practice Areas

Litigation

11. Industries

Recreation

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Chan Cheng Wah Bernard and others v Koh Sin Chong Freddie and another appeal	Court of Appeal	Yes	[2012] 1 SLR 506	Singapore	The Court of Appeal's decision on liability, finding the defendant liable for defamatory statements, is central to this assessment of damages.
Arul Chandran v Chew Chin Aik Victor JP	Court of Appeal	Yes	[2001] 1 SLR(R) 86	Singapore	Cited for the aggravating factors in libel and slander cases, influencing the award of aggravated damages.
Lim Eng Hock Peter v Lin Jian Wei and another and another appeal	Court of Appeal	Yes	[2010] 4 SLR 357	Singapore	Cited as a comparable case for damages assessment, but distinguished due to the widespread publication in that case.
Ei-Nets Ltd and another v Yeo Nai Meng	High Court	Yes	[2004] 1 SLR(R) 153	Singapore	Cited as a comparable case for damages assessment, but distinguished due to the graver allegation of fraud.
Ng Koo Kay Benedict and another v Zim Integrated Shipping Services Ltd	High Court	Yes	[2010] 2 SLR 860	Singapore	Cited by the defendant to argue for lower damages, distinguished due to the different extent of publication and nature of the defamatory statements.
Segar Ashok v Koh Fonn Lyn Veronica and another suit	High Court	Yes	[2010] SGHC 168	Singapore	Cited by the defendant to argue for lower damages, distinguished due to the wider publication and lack of provocative behavior by the plaintiffs in the present case.
Tu Dongning v Hua Yuan Association and Another Suit	District Court	Yes	[2004] SGDC 127	Singapore	Cited by the defendant to argue for lower damages, distinguished due to the wider publication in the present case.
Lonzim Plc v Andrew Sprague	High Court of Justice	Yes	[2009] EWHC 2838	England and Wales	Cited for the proposition that minimal publication leads to modest damages.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

Defamation
Damages
General damages
Aggravated damages
Singapore Swimming Club
Management committee
Misrepresentation
Publication
Malice

15.2 Keywords

defamation
damages
singapore swimming club
misrepresentation
malice

17. Areas of Law

Area Name	Relevance Score
Defamation	95
Civil Procedure	30
Judgments and Orders	20

16. Subjects

Defamation
Damages Assessment