Anthony Ma v Yap Sing Lee: Defamation Claim Among Condo Residents

Anthony Ma Kar Sui, Adrian Ho Kim Lee, Ken Tse Cho Leung, James Ng Boon Ho, Bryant Hwang, Pansy Ng Boon Hoon, and Lo Shiaw Choon appealed against the District Court's decision in favor of Yap Sing Lee in a defamation claim. The High Court allowed the appeal, finding that the statements made by the appellants were justified and did not constitute defamation. The case involved disputes over unauthorized structures and the use of gross floor area (GFA) in the Yong An Park condominium. The court also addressed a counterclaim by some of the appellants, increasing the damages awarded to them for defamation by Yap Sing Lee in a separate appeal.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Defamation claims between condo residents over unauthorized structures. The court allowed the appeal, finding no defamation.

1.7 Decision Date

5 February 2018

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Anthony Ma Kar Sui	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Adrian Ho Kim Lee	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Ken Tse Cho Leung	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
James Ng Boon Ho	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Bryant Hwang	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Pansy Ng Boon Hoon	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Lo Shiaw Choon	Appellant	Individual	Appeal Allowed	Won	Roderick Martin, Joseph Lau Chin Yang, Gideon Yap
Quek Lit Wee	Defendant	Individual	No Advantage of Findings	Neutral
Yap Sing Lee	Respondent	Individual	Appeal Dismissed	Lost	N Sreenivasan, Valerie Ang Mei-Ling

3. Judges

Judge Name	Title	Delivered Judgment
See Kee Oon	Judge	Yes

4. Counsels

Counsel Name	Organization
Roderick Martin	RHTLAW Taylor Wessing LLP
Joseph Lau Chin Yang	RHTLAW Taylor Wessing LLP
Gideon Yap	RHTLAW Taylor Wessing LLP
N Sreenivasan	Straits Law Practice LLC
Valerie Ang Mei-Ling	Straits Law Practice LLC

4. Facts

YSL bought a penthouse unit at Yong An Park in March 2006.
The unit had an existing roof terrace structure constructed by the previous owner without MCST approval.
YSL sought to 'revalidate' a 1996 URA written permission for additions and alterations.
The MCST rejected YSL's application, citing concerns about GFA consumption.
YSL filed applications to the Strata Titles Board to compel MCST approval.
The MCST released a 'special edition' newsletter addressing legal issues related to unauthorized structures.
YSL circulated open letters questioning the integrity of MCST members.

5. Formal Citations

Ma Kar Sui Anthony and othersvYap Sing Lee and another appeal, District Court Appeals No 11 and 12 of 2017, [2018] SGHC 30

6. Timeline

Date	Event
1986-01-01	Yong An Park condominium development completed
1996-09-25	MCST applied to URA to convert roof terraces to family halls
1996-11-22	URA issued written permission for additions and alterations
1998-11-22	URA's written permission lapsed
2004-06-03	URA sent letter regarding GFA consumption
2005-01-15	18th Annual General Meeting of YAP convened
2006-03-01	YSL bought a penthouse unit at YAP
2006-08-11	YSL's architect wrote to condominium manager to revalidate 1996 WP
2006-09-03	YSL's architect applied to URA for additions and alterations
2006-09-04	YAP's condominium manager rejected the application
2006-10-02	URA replied to YSL's architect regarding 90% resolution
2006-10-29	Mr Clement Lim inspected YSL's roof terrace
2006-10-30	Mr Clement Lim emailed YSL's architect regarding GFA offset
2006-11-13	YSL's architect wrote to MCST for endorsement of proposed works
2006-12-20	YSL filed application to STB
2007-01-01	MCST sought legal advice from Drew & Napier LLC
2007-02-02	YSL filed further application before the STB (STB 10/2007)
2007-03-01	MCST released a 'special edition' newsletter
2007-03-31	20th AGM of the MCST was held
2007-06-11	YSL withdrew STB 10/2007
2007-08-03	MCST received email from URA's Catherine Lau
2007-09-12	MCST's lawyers wrote to Catherine Lau
2007-09-27	Mr Clement Lim replied regarding unconsumed GFA
2008-01-28	MCST's lawyers followed up with further queries
2008-03-03	URA declined to respond to lawyers' queries
2008-08-26	MND replied with their position
2010-02-06	YSL circulated open letters to YAP's residents
2011-01-01	DC Suit filed
2013-02-06	YSL circulated open letters to YAP's residents
2013-01-01	Related action commenced in Suit No 112/2013 in the High Court against YSL for defamation
2014-10-01	Counterclaim in the DC Suit was filed
2016-03-01	DC Suit proceeded to trial
2017-11-15	Hearing date
2018-02-06	Judgment reserved

7. Legal Issues

Defamation
- Outcome: The court found that the statements were justified and the defense of fair comment, qualified privilege and right of reply privilege were not defeated by malice.
- Category: Substantive
- Sub-Issues:
  - Justification
  - Qualified Privilege
  - Fair Comment
  - Malice
- Related Cases:
  - [2014] 4 SLR 1117
  - [2010] 4 SLR 357
  - [1997] 1 SLR(R) 220
  - [2013] 4 SLR 629
Damages Assessment
- Outcome: The court intervened in the award of damages, increasing both general and aggravated damages for the counterclaimants.
- Category: Substantive
- Sub-Issues:
  - General Damages
  - Aggravated Damages
- Related Cases:
  - [2010] 4 SLR 357
  - [1997] 1 SLR(R) 220
  - [2013] 4 SLR 629

8. Remedies Sought

Monetary Damages
Injunction

9. Cause of Actions

Defamation

10. Practice Areas

Litigation

11. Industries

Real Estate
Construction

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Yap Sing Lee v Lim Tat and others	District Court	Yes	[2017] SGDC 233	Singapore	The District Judge's grounds of decision in the original suit.
Loh Siew Hock and others v Lang Chin Ngau	Court of Appeal	Yes	[2014] 4 SLR 1117	Singapore	Cited for the criteria to succeed in the defence of fair comment.
Lim Eng Hock Peter v Lin Jian Wei and another and another appeal	Court of Appeal	Yes	[2010] 4 SLR 357	Singapore	Cited for the factors that affect the quantum of damages in defamation.
Au Mun Chew (practising as Au & Associates) v Lim Ban Lee	Court of Appeal	Yes	[1997] 1 SLR(R) 220	Singapore	Cited for the principle that aggravated damages may be awarded where the defendant’s conduct causes additional injury to the plaintiff’s feelings.
Koh Sin Chong Freddie v Chan Cheng Wah Bernard and others and another appeal	Court of Appeal	Yes	[2013] 4 SLR 629	Singapore	Cited for the principle that an appeal court would reject the damages awarded by the judge below in “very special” or “very exceptional” cases.
Wytcherley v Andrews	Court of Probate and Divorce	Yes	(1871) LR 2 P & D 327	England and Wales	Cited for the principle that a person who stands by and sees his battle fought by someone else should be bound by the result.
Lai Chong Meng v Liew Leong Wan	District Court	Yes	[2016] SGDC 252	Singapore	Cited as a comparable case for assessing general damages.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Planning Act (Cap 232, 1990 Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Gross Floor Area
Management Corporation Strata Title
Strata Titles Board
Addition and Alteration Works
Roof Terrace
Unauthorized Structures
Defamatory Statements
Qualified Privilege
Fair Comment
Justification
Malice

15.2 Keywords

defamation
strata title
condominium
GFA
unauthorized structures
Singapore
MCST
appeal

16. Subjects

Defamation
Strata Title Management
Property Law
Civil Litigation

17. Areas of Law

Defamation
Tort Law
Civil Procedure
Building and Construction Law