Shanmugam Kasiviswanathan v Lee Hsien Yang: Default Judgment & Injunctive Relief in Defamation Claim
The General Division of the High Court of Singapore heard applications by the claimants, Shanmugam Kasiviswanathan and Vivian Balakrishnan, against the defendant, Lee Hsien Yang, for judgments in default of a Notice of Intention to Contest or Not Contest in HC/OC 496/2023 and HC/OC 497/2023, respectively. The claims arose from a Facebook post by the defendant alleging corruption. Justice Goh Yihan allowed the applications on 2 November 2023, granting judgments in default with damages to be assessed and issuing an injunction against the defendant from publishing the defamatory allegations. The court also ordered the defendant to pay costs to be fixed at the assessment of damages hearing.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment in default of a Notice of Intention be entered against the defendant with damages to be assessed; the defendant be restrained, and an injunction be granted restraining him, from publishing or disseminating the false and defamatory allegations.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court grants default judgment and injunctive relief against Lee Hsien Yang in defamation claims by Shanmugam Kasiviswanathan and Vivian Balakrishnan.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Shanmugam Kasiviswanathan | Claimant | Individual | Judgment in default of a Notice of Intention be entered against the defendant with damages to be assessed; the defendant be restrained, and an injunction be granted restraining him, from publishing or disseminating the false and defamatory allegations. | Won | Davinder Singh, Fong Cheng Yee David, Wong Zi Qiang Bryan, Sambhavi Rajangam |
| Lee Hsien Yang | Defendant | Individual | Judgment in default of a Notice of Intention be entered against the defendant with damages to be assessed; the defendant be restrained, and an injunction be granted restraining him, from publishing or disseminating the false and defamatory allegations. | Lost | |
| Vivian Balakrishnan | Claimant | Individual | Judgment in default of a Notice of Intention be entered against the defendant with damages to be assessed; the defendant be restrained, and an injunction be granted restraining him, from publishing or disseminating the false and defamatory allegations. | Won | Davinder Singh, Fong Cheng Yee David, Wong Zi Qiang Bryan, Sambhavi Rajangam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh | Davinder Singh Chambers LLC |
| Fong Cheng Yee David | Davinder Singh Chambers LLC |
| Wong Zi Qiang Bryan | Davinder Singh Chambers LLC |
| Sambhavi Rajangam | Davinder Singh Chambers LLC |
4. Facts
- The defendant published a Facebook post on 23 July 2023 containing allegedly defamatory words about the claimants.
- The claimants commenced legal action against the defendant for defamation on 2 August 2023.
- The defendant was served with the Originating Claims and Statements of Claim via substituted service on 15 September 2023.
- The defendant acknowledged being served with the legal documents in a subsequent Facebook post.
- The defendant failed to file a Notice of Intention to Contest or Not Contest within the prescribed time.
- The defendant refused to remove the Facebook post despite a letter of demand from the claimants' lawyers.
- The defendant continued to refer to and draw attention to the Facebook post after being asked to remove it.
5. Formal Citations
- Shanmugam Kasiviswanathan v Lee Hsien Yang and another matter, Originating Claims Nos 496 and 497 of 2023, [2023] SGHC 331
6. Timeline
| Date | Event |
|---|---|
| Defendant published a Facebook post. | |
| Claimants commenced OC 496 and OC 497. | |
| Claimants filed HC/SUM 2460/2023 and HC/SUM 2459/2023 seeking permission to serve OCs and SOCs out of jurisdiction. | |
| Assistant Registrar granted applications to serve OCs and SOCs out of jurisdiction. | |
| Claimants filed HC/SUM 2607/2023 and HC/SUM 2608/2023 seeking permission to effect substituted service by Facebook messenger. | |
| Assistant Registrar granted applications for substituted service. | |
| Claimants effected substituted service of process on the defendant by Facebook messenger. | |
| Defendant published a post confirming he had been served with process. | |
| Deadline for defendant to file Notice of Intention passed. | |
| Court allowed the Applications and entered judgment against the defendant. | |
| Grounds of Decision issued. |
7. Legal Issues
- Defamation
- Outcome: The court found that the claimants had established a cause of action in the tort of defamation in their unchallenged Statements of Claim.
- Category: Substantive
- Related Cases:
- [2014] SGHC 230
- [2022] 3 SLR 924
- [2010] 1 SLR 52
- [2015] 2 SLR 751
- [2010] 4 SLR 357
- Judgment in Default
- Outcome: The court held that the claimants satisfied the requirements for default judgments pursuant to O 6 r 6(5) of the ROC 2021.
- Category: Procedural
- Injunctive Relief
- Outcome: The court granted the injunction, finding strong reasons to apprehend that the defendant would repeat the defamatory allegations.
- Category: Remedial
- Related Cases:
- [2014] SGHC 230
- [2022] 3 SLR 924
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Defamation
10. Practice Areas
- Civil Litigation
11. Industries
- Law
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Salmizan bin Abdullah v Crapper, Ian Anthony | High Court | Yes | [2023] SGHC 75 | Singapore | Cited for the premise of damages being assessed was that of liability being established by the interlocutory judgment. |
| Lee Hsien Loong v Roy Ngerng Yi Ling | High Court | Yes | [2014] SGHC 230 | Singapore | Cited for the principle that the court will grant a final injunction restraining further publication of a libel where there are reasons to apprehend that the defendant will repeat the defamatory allegations. |
| Lee Hsien Loong v Xu Yuan Chen and another suit | High Court | Yes | [2022] 3 SLR 924 | Singapore | Cited as an example where the court granted an injunction to restrain the defendant from further publishing or disseminating the defamatory allegations. |
| Review Publishing Co Ltd and another v Lee Hsien Loong and another appeal | Court of Appeal | Yes | [2010] 1 SLR 52 | Singapore | Cited for the principle that a court will decide the meaning of the words as they would convey to an ordinary reasonable person. |
| Golden Season Pte Ltd and others v Kairos Singapore Holdings Pte Ltd and another | High Court | Yes | [2015] 2 SLR 751 | Singapore | Cited for the elements required to establish the tort of defamation. |
| 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 principle that libel or slander of a public leader's character damages not only his personal reputation, but also the reputation of Singapore. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021, O 6 r 6(5) |
| Rules of Court 2021, O 6 r 6(2) |
| Rules of Court 2021, O 6 r 6(6) |
| Rules of Court 2021, O 2 r 4 |
| Rules of Court 2021, O 3 rr 2(8) and 2(9) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Defamation
- Judgment in Default
- Injunction
- Notice of Intention
- Facebook Post
- Substituted Service
- Originating Claim
- Statement of Claim
15.2 Keywords
- defamation
- injunction
- default judgment
- Singapore
- Rules of Court
- Lee Hsien Yang
- Shanmugam Kasiviswanathan
- Vivian Balakrishnan
16. Subjects
- Defamation
- Civil Procedure
- Injunctions
- Default Judgment
17. Areas of Law
- Civil Procedure
- Defamation Law
- Injunctions