Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
v Chew Chin Aik Victor [2001] 1 SLR(R) 86 (“Arul Chandran”) at [53], general
damages serve three purposes:
(a)
First, they act as a consolation to the plaintiff for the distress the
publication causes;
85
(b)
Second, they repair the harm to the plaintiff’s reputation; and
(c)
Third, they serve to vindicate the plaintiff’s reputation.
The plaintiff argues in favour of substantial damages, pointing to the
existence of a number of factors which are material in determining the award to
be made. In Lim Eng Hock Peter v Lin Jian Wei and another and another appeal
[2010] 4 SLR 357 (“Lim Eng Hock Peter”) at [7], the Court of Appeal
highlighted the following factors as being relevant to determining the quantum
of general damages:
(a)
The nature and gravity of the defamation;
(b)
The conduct, position and standing of the plaintiff and the
defendant;
(c)
The mode and extent of publication;
(d)
The natural indignation of the Court at the injury caused to the
plaintiff;
(e)
The conduct of the defendant from the time the defamatory
statement is published to the very moment of the verdict;
(f)
The failure to apologise and retract the defamatory statement;
and
47
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents