Leong Sze Hian v Lee Hsien Loong: Appeal Against Striking Out Counterclaim for Abuse of Process

Leong Sze Hian appealed to the Court of Appeal of Singapore against the judge's order to strike out his counterclaim against Lee Hsien Loong, premised on the tort of abuse of process, in a defamation suit. Leong's counterclaim alleged that Lee's defamation action was an abuse of process. The Court of Appeal, comprising Sundaresh Menon CJ, Andrew Phang Boon Leong JA, and Judith Prakash JA, dismissed the appeal, citing the precedent set in Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301, which established that the tort of abuse of process is not a recognised tort in Singapore law.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against striking out counterclaim for abuse of process in a defamation suit. The court dismissed the appeal, citing Lee Tat Development.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Hsien LoongRespondentIndividualAppeal AllowedWon
Leong Sze HianAppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeYes
Andrew Phang Boon LeongJudge of AppealNo
Judith PrakashJudge of AppealNo

4. Counsels

Counsel NameOrganization
Fong Cheng Yee DavidDavinder Singh Chambers LLC
Lin Xianyang TimothyDavinder Singh Chambers LLC
Davinder Singh s/o Amar SinghDavinder Singh Chambers LLC
Darveenia Rajula RajahDavinder Singh Chambers LLC
Shannon Valencia PehDavinder Singh Chambers LLC
Lim TeanCarson Law Chambers

4. Facts

  1. Appellant posted a link to an article suggesting the Prime Ministers of Singapore and Malaysia were involved in corrupt deals.
  2. Respondent sued the appellant for defamation.
  3. Appellant filed a counterclaim alleging the defamation suit was an abuse of process.
  4. The judge struck out the appellant’s counterclaim.
  5. The Court of Appeal cited Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301, which held that the tort of abuse of process is not recognised in Singapore.

5. Formal Citations

  1. Leong Sze Hian v Lee Hsien Loong, Civil Appeal No 61 of 2019, [2019] SGCA 53

6. Timeline

DateEvent
Judgment delivered

7. Legal Issues

  1. Abuse of Process
    • Outcome: The court held that the tort of abuse of process is not a recognised tort under Singapore law.
    • Category: Substantive
    • Related Cases:
      • [2018] 2 SLR 866

8. Remedies Sought

  1. Damages for Defamation
  2. Striking out of Defamation Claim

9. Cause of Actions

  • Defamation
  • Abuse of Process

10. Practice Areas

  • Civil Appeals
  • Defamation Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301Court of AppealYes[2018] 2 SLR 866SingaporeCited as the key precedent establishing that the tort of abuse of process is not a recognised tort under Singapore law, directly leading to the dismissal of the appeal.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Abuse of process
  • Defamation
  • Counterclaim
  • Striking out
  • Tort
  • Lee Tat Development

15.2 Keywords

  • Defamation
  • Abuse of Process
  • Singapore
  • Civil Appeal
  • Counterclaim

17. Areas of Law

Area NameRelevance Score
Abuse of Process90
Civil Practice75
Civil Procedure70
Libel, Slander and Defamation60

16. Subjects

  • Civil Litigation
  • Defamation
  • Abuse of Process