Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
assistance. However, whether the defendant was maliciously motivated was an
issue which went towards the aggravation of damages, rather than towards
establishing the defendant’s liability. Accordingly, the defendant took the view
that any adverse inference, even if made, would not assist the plaintiff in
substantiating the defendant’s liability.
23
In my view, no adverse inference can be drawn here. As noted in Lim
Eng Hock Peter (HC) at [209], an adverse inference does not automatically arise
simply because of a submission that there is no case. An adverse inference can
generally be properly drawn if there is something in the evidence that effectively
demands an answer or response from the defendant, such as where the evidence
all points to him and it is apparent that things could be made clear simply
through his evidence coming in. It would otherwise be rare for an adverse
inference to be drawn, and I reject the plaintiff’s argument as lowering the
threshold far too much.
The Appropriate Meaning to be Attributed to the Allegedly Defamatory
Words
24
The plaintiff asserts that the defamatory words meant that (a) the
plaintiff was complicit in 1MDB-related criminal activity, and (b) the plaintiff
used his position as Prime Minister to help Mr Najib launder money from
1MDB.
25
As held by the Court of Appeal, the appropriate meaning to be attributed
to allegedly defamatory words is their “natural and ordinary meaning”, with
such meaning to be determined by reference to an ordinary reasonable person,
not unduly suspicious or avid for scandal, using his general knowledge and
common sense, including inferences from such general knowledge and
experience: Review Publishing Co Ltd and another v Lee Hsien Loong and
11
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