Lee Siew Mei Chew Chin Swee

Lee Siew Mei Chew Chin Swee

Court held that two statements authored by Lee Siew Mei (Statement 1 and Statement 6) were defamatory of the five claimants because they imputed fabrication, dishonesty and criminality, were understood to refer to named individuals (notably the Treasurer) and were published to relevant WhatsApp groups; Lee could not prove justification (truth) or that statements amounted to fair comment or were protected by qualified privilege because she relied on assumptions, selective evidence, failed to call corroborating witnesses and published recklessly; by contrast statements in the other suits were either not authored by Lee or were protected as fair comment on matters of public interest and not...

Citation
WA-23CY-24-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff (suit 71); Defendant (suit 25): Aida Phang Binti Abdullah; Plaintiff (suit 71); Defendant (suit 25): Tan Wai Ping; Plaintiff (suit 71); Defendant (suit 25): Shereen Lim Binti Abdullah; Plaintiff (suit 71); Defendant (suit 24 & Suit 25): Chew Chin Swee; Plaintiff (suit 71); Defendant (suit 25): Dato' Ngiam Foon; Defendant (suit 71); Plaintiff (suit 24 & Suit 25); Appellant on Appeal From Judgment: Lee Siew Mei (Carol)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 June 2025
Case Number
WA-23CY-24-04/2021 (Mahkamah Tinggi)
Procedural Posture
Multiple Civil Suits for Defamation Arising From Whats App Publications and Related Society Disputes / Post Trial Judgment Delivered (full Trial Concluded; Appeal Filed by Lee Siew Mei)
Outcome
Judgment for plaintiffs Aida Phang Binti Abdullah, Tan Wai Ping, Shereen Lim Binti Abdullah, Chew Chin Swee and Dato' Ngiam Foon in Suit 71 for certain defamatory statements; claims by Lee Siew Mei in Suits 24 and 25 dismissed.
Legal Topics
Justification (truth), Fair Comment, Qualified Privilege, Publication in Messaging Groups, Damages Assessment, Authorship/attribution
Source Language
Malay/English
Defamation Civil Procedure Societies Law (registrar of Societies) Evidence (communications) Justification (truth) Fair Comment Qualified Privilege Publication in Messaging Groups +2 more

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Parties

Aida Phang Binti Abdullah

Plaintiff (suit 71); Defendant (suit 25)

Tan Wai Ping

Plaintiff (suit 71); Defendant (suit 25)

Shereen Lim Binti Abdullah

Plaintiff (suit 71); Defendant (suit 25)

Chew Chin Swee

Plaintiff (suit 71); Defendant (suit 24 & Suit 25)

Dato' Ngiam Foon

Plaintiff (suit 71); Defendant (suit 25)

Lee Siew Mei (Carol)

Defendant (suit 71); Plaintiff (suit 24 & Suit 25); Appellant on Appeal From Judgment

Procedural Posture

Multiple Civil Suits for Defamation Arising From Whats App Publications and Related Society Disputes / Post Trial Judgment Delivered (full Trial Concluded; Appeal Filed by Lee Siew Mei)

Legal Issues

  1. 1 Whether impugned WhatsApp statements were published and referred to claimants
  2. 2 Whether statements bore defamatory meaning (ordinary and implied meanings)
  3. 3 Whether defendants established defences: justification, fair comment or qualified privilege

Ratio Decidendi

Court held that two statements authored by Lee Siew Mei (Statement 1 and Statement 6) were defamatory of the five claimants because they imputed fabrication, dishonesty and criminality, were understood to refer to named individuals (notably the Treasurer) and were published to relevant WhatsApp groups; Lee could not prove justification (truth) or that statements amounted to fair comment or were protected by qualified privilege because she relied on assumptions, selective evidence, failed to call corroborating witnesses and published recklessly; by contrast statements in the other suits were either not authored by Lee or were protected as fair comment on matters of public interest and not...

Court Disposition

Judgment for plaintiffs Aida Phang Binti Abdullah, Tan Wai Ping, Shereen Lim Binti Abdullah, Chew Chin Swee and Dato' Ngiam Foon in Suit 71 for certain defamatory statements; claims by Lee Siew Mei in Suits 24 and 25 dismissed.

Orders

  • In Suit 71: injunctions and interlocutory reliefs as pleaded (subparagraphs 87.1 to 87.3) granted; corrective apology/withdrawal to be issued within 14 days of judgment as to 87.2; general damages of MYR 50,000.00 awarded to each of the five plaintiffs with interest at 5% per annum from date of judgment until full...
  • In Suit 24: claim by Lee Siew Mei dismissed.