Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
in support of this proposition. Looking at the cases cited to me, I remain unsure
what this factor adds, if anything, to the factors already discussed above. Given
potential concerns of double-counting, I declined to place significant weight on
this consideration.
Quantum
123
The plaintiff argued for an award of damages in line with that made in
Roy Ngerng. In Roy Ngerng, a total of S$150,000 was awarded, covering
S$100,000 in general damages and S$50,000 in aggravated damages.
124
While it is trite that each case must be decided on its own facts, I accept
that reference may be had to other cases involving similar circumstances in
determining the broad range of damages payable within which the instant case
falls. The plaintiff pointed me to a range of cases, but I am of the view that most
of them were not directly applicable insofar as they (a) involved defendants who
were of high public prominence as leaders of the opposition, or editors of major
newspapers with worldwide distribution, and/or (b) involved far greater degrees
of malice or contemptuous behaviour, even towards the Courts.
125
Roy Ngerng was indeed the most appropriate comparator to the instant
factual matrix. Comparing the facts of Roy Ngerng to those of the present case,
it is immediately apparent that the number of views the defamatory material in
Roy Ngerng received was far larger. The Judge in Roy Ngerng found that some
95,443 may have seen the home page of the defendant’s website, which
contained the defamatory words. After some calculating and giving the benefit
of the doubt to the defendant in that case, the Court in Roy Ngerng found that
there would have been at least 37,223 distinct individuals who saw the article. I
took the view that the standing of the instant defendant and that of Mr Ngerng
66
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