Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
at least some aggravation arising from the defendant’s conduct, though perhaps
not nearly as much as the plaintiff sought to persuade me of.
116
In sum, while I accept that there has been aggravation on the instant
facts, I do not consider that the allegedly aggravating conduct went so far as to
attract a markedly increased award of damages. In particular, the defendant’s
supposed drawing of attention to the statement had been done in the midst of
explaining his position, and I am satisfied that the quantum of aggravated
damages on these facts should be calibrated to reflect that.
Malice
117
The Plaintiff argues that malice is made out on the facts. As the Court in
Lee Kuan Yew v Davies Derek Gwyn and others [1989] 2 SLR(R) 544 at [112]
observed, malice in defamation refers to any “ill-will, spite, or some wrong or
improper motive”. It is also generally accepted that malice may be inferred if it
is abundantly plain that the defamatory statement is untrue: Mangena v Edward
Lloyd Ltd (1908) LT 640 at 643. As is made clear in Richard Parkes QC et al,
Gatley on Libel and Slander (Sweet & Maxwell, 12th Ed, 2017) at [32.45],
malice may be inferred from the defendant’s conduct at any time, whether
before or after the publication, his actions during the course of litigation, and
his demeanour and attitude at trial. In this regard, the plaintiff points to three
categories of behaviour it alleges make out malice on the instant facts:
(a)
First, the defendant’s conduct in publishing the defamatory
words while knowing them to be untrue or recklessly not caring whether
they are true or not;
(b)
Second, the defendant’s alleged conduct in using the suit to wage
a public campaign to gain sympathy and support; and
63
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