Source : Straits Times - 12 Sep 2008
SINGAPORE’S highest court has thrown out a lawsuit by a contractor that claimed its reputation was damaged by a woman who sent an angry e-mail message complaining about leaks in her condo.
The three-judge Court of Appeal called the defamation suit by Hytech Builders a ‘tempest in a teacup’ on Tuesday and said the firm’s beef was ‘completely blown out of proportion’.
The decision upheld a lower court ruling and ended a 20-month legal battle between Hytech and stockbroker Goh Teng Poh.
The feud began in January last year after Ms Goh, frustrated that leaks in her year-old condominium in Ipoh Lane had not been fixed, shot an e-mail message to the building’s developer, City Developments (CDL). In it, she called into question the contractor’s financial health. Hytech, the main contractor for the condominium, sued her for damages.
Through lawyers from Rajah & Tann, it claimed the letter tarnished its reputation with CDL, a major real estate player here. When the case was first heard in the High Court last year, Justice Judith Prakash agreed that the statement was defamatory.
But she said Ms Goh sent the e-mail with the intent of getting the leaks fixed, and not to damage Hytech’s reputation. Ms Goh was not liable for damages as she was driven by a duty to pass on the information, not malice, the judge ruled. Her defence of qualified privilege applied.
In his submissions before the Appeals Court, Senior Counsel Andre Yeap argued that Hytech was hurt by the accusations and urged the judges to imagine themselves in the firm’s shoes. The judges dismissed those arguments, saying the e-mail had to be seen in context and was the result of Ms Goh’s frustration.
Justice V.K. Rajah described Hytech’s moves as a ‘tempest in a teacup’, and said its complaint was of ‘no commercial consequence and had been completely blown out of proportion’.
No evidence was produced to show how the e-mail had affected Hytech’s reputation. Mr Yeap conceded there had been no history of malice between Hytech and Ms Goh.
The court, presided over by Chief Justice Chan Sek Keong, decided not to call upon Ms Goh’s lawyers Adrian Tan and Wendell Wong, from Drew & Napier, to present her defence.
The court dismissed the case and ordered Hytech to pay Ms Goh’s legal costs.
Contacted on Tuesday, Ms Goh said: ‘I am just so very, very happy it is all over and I am grateful to the court for the outcome.’
About the case
HYTECH is the main contractor for Emory Point Condominium where Ms Goh Teng Poh has a unit.
When leaks were not fixed and it looked like the contractor was stonewalling her in getting things done, she shot an e-mail message to Ms Jenny Hong of City Developments.
She had not been kept in the loop about Hytech’s communications with the condo’s managing agent about getting the leaks fixed. Hytech claimed the statement in her e-mail would tarnish its business reputation with CDL, a major real estate player here.
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