Chan Boon Siang v Jasmin Nisban: Striking Out Libel Claim for Extraordinary General Meeting Requisition
Chan Boon Siang and others, the appellants/defendants, appealed against the decision to restore Jasmin Nisban's libel suit. Nisban, the respondent/plaintiff, sued the appellants for libel based on a letter of requisition for an extraordinary general meeting (EOGM) circulated among members of the Singapore Chess Federation (SCF). The High Court dismissed the appeal, finding that the claim was not an abuse of process and that the letter was prima facie defamatory. The court determined that the matter should proceed to trial to determine justification and damages.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Appeal dismissed with costs to be taxed if not agreed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a libel claim. The court dismissed the appeal, finding the claim not an abuse of process, as the letter was prima facie defamatory.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Boon Siang | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Nicholas Giles Aplin | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Chan Chor Lup | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Chia Chung Mun Alphonsus | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Choong Liong On | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Chung Kim Kui | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Gan Yeow Beng | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Goh Hin Tiang | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Goh Koon Jong Jason | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Hui May | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Vincent Khng Nguan Hock | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Sandra Lim Kuan Kuan | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Leong Kok Onn | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Luke Leong Chee Ming | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Liu Shaoyong | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Ng Li Hwa Grace | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Seow Yongli | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Tan Hian Yew George | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Teo Kok Cheng | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Daniel Wong Liang Toon | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Yeo Yok Ching Alan | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Club Intchess | Appellant, Defendant | Association | Appeal Dismissed | Lost | |
| Eastern Knights Chess Club | Appellant, Defendant | Association | Appeal Dismissed | Lost | |
| Watson Tay | Appellant, Defendant | Individual | Appeal Dismissed | Lost | |
| Jasmin Nisban | Respondent, Plaintiff | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff is the treasurer of the Singapore Chess Federation.
- The plaintiff sued 39 members of the SCF for libel.
- The alleged libel is in a letter of requisition for an EOGM.
- The letter sought a vote of no confidence in the president and executive committee.
- The letter referred to the resignation of Anjela Khegay.
- The letter claimed Anjela resigned because of sexual misconduct involving two council members.
- The plaintiff was named as one of the council members involved.
5. Formal Citations
- Chan Boon Siang and others v Jasmin Nisban, HC/RAS No 18 of 2017 (DC Suit No 556 of 2016), [2017] SGHC 249
6. Timeline
| Date | Event |
|---|---|
| Letter of requisition for an extraordinary general meeting sent. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Striking Out
- Outcome: The court held that the claim should not be struck out as an abuse of process.
- Category: Procedural
- Sub-Issues:
- Abuse of process of the court
- No reasonable cause of action
- Defamation
- Outcome: The court found that the letter was prima facie defamatory.
- Category: Substantive
8. Remedies Sought
- Damages for libel
9. Cause of Actions
- Libel
10. Practice Areas
- Litigation
11. Industries
- Recreation
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jameel (Yousef) v Dow Jones & Co Inc | English Court of Appeal | Yes | [2005] QB 946 | England | Cited regarding striking out a defamation action as an abuse of process where the action is trivial or pointless. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Libel
- Defamation
- Extraordinary General Meeting
- Requisition
- Singapore Chess Federation
- Striking out
- Abuse of process
15.2 Keywords
- libel
- defamation
- striking out
- Singapore Chess Federation
- EOGM
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Striking out | 90 |
| Defamation | 85 |
| Civil Procedure | 75 |
16. Subjects
- Defamation
- Civil Procedure
- Striking Out