TANG SWEA PHING v CHAN TAM HOI @ PAUL CHAN

[2024] SGHC 167 High Court (General Division) 29 June 2024 • HC/DCA 22/2022|HC/DCA 23/2022 • 61 min read

11 cases cited (7 SG, 4 foreign)

Catchwords

Tort — Defamation — Justification Agency — Principal — Tortious liabilities Tort — Defamation — Remedies — Nominal damages

Practice Areas

Tort Agency

Judges (1)

Pang Khang Chau Delivered

Counsel (5)

Carson Law Chambers Firm Drew & Napier LLC Firm Faith Hwang Counsel Respondent Lim Tean Counsel Appellant Wendell Wong Counsel Respondent

Parties (3)

SDCS Holdings Pte Ltd Respondent Chan Tam Hoi @ Paul Chan Respondent Tang Swea Phing Appellant

Case Significance

Tang Swea Phing v Chan Tam Hoi (alias Paul Chan) and another appeal [2024] SGHC 167 was a grounds of decision of the General Division of the High Court of Singapore, delivered by Pang Khang Chau J on 29 June 2024 after hearings across several dates in 2022, 2023 and 2024. It comprised two cross-appeals — District Court Appeals Nos 22 and 23 of 2022 — against the judgment in District Court Suit No 1387 of 2019. Ms Tang Swea Phing, the appellant in DCA 22, had been the first defendant below, while Mr Chan Tam Hoi @ Paul Chan, the appellant in DCA 23, had been the plaintiff.

In the underlying suit, Mr Chan sued Ms Tang and SDCS Holdings Pte Ltd ("SDCS") for defamation, alleging that Ms Tang had engaged SDCS to recover a sum of $120,000 from him and that SDCS had defamed him in the course of doing so; he sought damages to be assessed and a permanent injunction. As reflected in the catchwords, the appeals engaged the defamation defence of justification, the tortious liability of a principal for its agent, and the remedy of nominal damages in defamation. Ms Tang was represented by Carson Law Chambers (Lim Tean), and Mr Chan by Drew & Napier LLC, including Wendell Wong and Faith Hwang.

Summary

These were cross-appeals from a District Court suit in which Chan Tam Hoi (alias Paul Chan) sued Tang Swea Phing and SDCS Holdings Pte Ltd for defamation arising from SDCS's engagement by Ms Tang to recover an alleged $120,000 debt, with Ms Tang counterclaiming for that sum and raising the defence of justification. The District Judge found for Mr Chan on the defamation claim, awarded him $10,000, and dismissed the counterclaim. On appeal, Pang Khang Chau J upheld the findings on liability and the dismissal of the counterclaim but substituted nominal damages of $1 for the defamation award, so that Ms Tang's appeal was allowed in part and dismissed in part while Mr Chan's appeal on quantum was dismissed.

What was Tang Swea Phing v Chan Tam Hoi @ Paul Chan [2024] SGHC 167 about?

[2024] SGHC 167 concerned cross-appeals in a defamation suit where Paul Chan alleged that Tang Swea Phing had engaged SDCS Holdings Pte Ltd to recover $120,000 from him and that SDCS defamed him while doing so. Pang Khang Chau J delivered the decision on 29 June 2024.

What defamation issues did the court consider in [2024] SGHC 167?

In [2024] SGHC 167, the court considered the defamation defence of justification, the tortious liability of a principal for the acts of its agent, and the remedy of nominal damages in defamation, in cross-appeals between Tang Swea Phing and Chan Tam Hoi @ Paul Chan.