CZV v Kanagavijayan Nadarajan: Marital Privilege & Defamation in Divorce Proceedings
In CZV v Kanagavijayan Nadarajan, the High Court of Singapore dismissed the applicant CZV's application for leave to appeal against the District Judge's decision. The case concerns a defamation suit brought by the respondent, Kanagavijayan Nadarajan, against CZV based on a WhatsApp message sent by CZV to her husband, who then forwarded it to Nadarajan. CZV argued the message was protected by marital privilege under the Evidence Act. The court held that even if the message was inadmissible, the statement of claim disclosed a reasonable cause of action, and marital privilege does not automatically apply to every communication made during marriage. The court dismissed the application for leave to appeal and reserved costs to the trial judge.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Application for leave to appeal is dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for leave to appeal dismissed. The court held that marital privilege does not automatically render a WhatsApp message inadmissible in a defamation suit.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CZV | Applicant | Individual | Application for leave to appeal dismissed | Lost | |
| Kanagavijayan Nadarajan t/a Kana & Co | Respondent | Individual | Application for leave to appeal dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christine Chuah Hui Fen | D’Bi An LLC |
4. Facts
- Ms L sent a WhatsApp message to Mr. Y containing allegations of Mr. K’s conduct.
- Mr. Y forwarded the WhatsApp message to Mr. K.
- Mr. K sued Ms L for defamation based on the WhatsApp message.
- Ms L applied to strike out Mr. K’s claim, arguing marital privilege.
- The Deputy Registrar dismissed Ms L’s application.
- The District Judge affirmed the Deputy Registrar’s order.
- Ms L sought leave to appeal against the District Judge’s decision.
5. Formal Citations
- CZV v Kanagavijayan Nadarajan (trading as Kana & Co), Originating Application No 137 of 2023, [2023] SGHC 85
6. Timeline
| Date | Event |
|---|---|
| Ms L sent WhatsApp message to Mr. Y containing allegations of Mr. K’s conduct. | |
| Mr. K sued Ms L for defamation. | |
| Judgment reserved. | |
| Judgment issued. |
7. Legal Issues
- Admissibility of Evidence
- Outcome: The court held that it is plausible for the WhatsApp Message to be admitted into evidence and that marital privilege does not apply to every communication made during the course of marriage.
- Category: Procedural
- Sub-Issues:
- Marital privilege
- Admissibility of WhatsApp message
- Striking Out
- Outcome: The court held that the statement of claim discloses a reasonable cause of action, even if the WhatsApp message is inadmissible.
- Category: Procedural
- Sub-Issues:
- Reasonable cause of action
- Summary determination on a point of substantive law
8. Remedies Sought
- Striking out of claim
- Leave to appeal
9. Cause of Actions
- Defamation
10. Practice Areas
- Appeals
- Civil Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Systematic Airconditioning Pte Ltd v Ho Seng Ken and others | High Court | Yes | [2023] SGHC 10 | Singapore | Cited to support the principle that marital privilege does not apply to every communication made during the course of marriage and may only be a privilege of the recipient spouse. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act 1893 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Marital privilege
- WhatsApp message
- Defamation
- Striking out
- Leave to appeal
- Reasonable cause of action
- Admissibility of evidence
15.2 Keywords
- Divorce
- Defamation
- Marital Privilege
- Evidence Act
- Striking Out
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Defamation | 80 |
| Marital Privilege | 75 |
| Civil Procedure | 70 |
| Evidence | 60 |
| Family Law | 30 |
16. Subjects
- Civil Procedure
- Evidence
- Defamation
- Family Law