Jeyaretnam Joshua Benjamin v Lee Kuan Yew

• Jurisdiction: Singapore
• Judge: Chan Sek Keong J
• Judgment Date: 30 March 1990
• Neutral Citation: [1990] SGCA 4
• Citation: [1990] SGCA 4
• Docket Number: Civil Appeal No 65 of 1990,Civil Appeal No 39 of 1989,Motion in Civil Appeal No 65 of 1990,Civil Appeal No 99 of 1991
• Year: 1990
• Plaintiff Counsel: Appellant in person (JB Jeyaretnam & Co)
• Date: 30 November 1992
• Defendant Counsel: Tan Kok Quan and Lee Han Tiong (Lee & Lee)
• Court: Court of Appeal (Singapore)
• Published date: 19 September 2003

This appeal arose from the order of Lai Kew Chai J on 18 April 1989, dismissing an application made by the appellant, the defendant in the action, by way of a notice under summons for directions for leave to amend the defence. At the conclusion of the hearing, we dismissed the appeal. We now give our reasons.

The respondent`s claim against the appellant is for damages and an injunction in relation to an alleged slander published at an election rally of the Workers` Party held on 26 August 1988. Pleadings having closed, the respondent took out a summons for directions. By a notice under summons for directions, the appellant applied for leave to amend the defence by adding a new paragraph, to be renumbered as para 1 of the proposed amended defence in the following terms:

This action of the plaintiff seeks to restrict the defendant`s constitutional right given to him by art 14(1)(a) of the Constitution of the Republic of Singapore and is therefore an unlawful interference of the defendant`s fundamental rights contained in thesaid article and for that reason not maintainable.

By an order dated 18 April 1989, the learned judge dismissed the application. In his judgment, the learned judge accepted the submissions...