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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