Icadam Technologies v CAD-IT: Defamation in Metal Stamping Software Industry
Icadam Technologies Sdn Bhd and Wong Chee Tieng sued CAD-IT Consultants (Asia) Pte Ltd and Tan Chin Yeow Alvin in the High Court of Singapore, alleging defamation. The plaintiffs claimed that the defendants made defamatory remarks about their metal stamping software during a visit to Amtek Engineering Limited. Kan Ting Chiu J found in favor of the plaintiffs, ruling that the second defendant had spoken the words complained of and that these words were defamatory. The court ordered damages to be assessed by the Registrar but denied the plaintiffs' claim for aggravated damages.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiffs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Icadam Technologies sued CAD-IT for defamation after remarks made about their software. The court found CAD-IT liable, but denied aggravated damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Icadam Technologies Sdn Bhd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Wong Chee Tieng | Plaintiff | Individual | Judgment for Plaintiff | Won | |
| CAD-IT Consultants (Asia) Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost | |
| Tan Chin Yeow Alvin | Defendant | Individual | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
4. Facts
- Wong Chee Tieng is the director of research and development of Icadam Technologies Sdn Bhd.
- Wong Chee Tieng set up CT Design Software House Sdn Bhd, which developed V6 Software.
- CT Design entered into a joint venture with CAD-IT Consultants (Asia) Pte Ltd.
- Disputes arose, and Wong Chee Tieng sold his shares in V6 and set up Icadam Technologies.
- Icadam Technologies and CAD-IT were in the same field of business and had common target clients.
- Alvin Tan and S Elamurugan visited Amtek to promote V6 Software.
- The plaintiffs claimed that the defendants defamed them during that visit.
5. Formal Citations
- Icadam Technologies Sdn Bhd and Others v CAD-IT Consultants (Asia) Pte Ltd and Others, Suit 497/2004, [2005] SGHC 130
6. Timeline
| Date | Event |
|---|---|
| Wong Chee Tieng set up CT Design Software House Sdn Bhd. | |
| CT Design entered into a joint venture with CAD-IT Consultants (Asia) Pte Ltd. | |
| Alvin Tan and S Elamurugan visited Amtek Engineering Limited. | |
| CAD-IT held a seminar to introduce V6 Software. | |
| Icadam Technologies contracted to sell software to Amtek. | |
| Icadam Technologies contracted to sell software to Amtek. | |
| Judgment issued. |
7. Legal Issues
- Defamation
- Outcome: The court found that the second defendant made defamatory remarks regarding the plaintiffs.
- Category: Substantive
- Sub-Issues:
- Defamatory statements
- Vicarious liability
- Aggravated Damages
- Outcome: The court decided not to award aggravated damages.
- Category: Substantive
- Vicarious Liability
- Outcome: The court found the first defendant vicariously liable for the second defendant's actions.
- Category: Substantive
8. Remedies Sought
- Damages
- Aggravated Damages
9. Cause of Actions
- Defamation
10. Practice Areas
- Commercial Litigation
11. Industries
- Software Development
- Metal Stamping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Aaron v Cheong Yip Seng | Court of Appeal | Yes | [1996] 1 SLR 623 | Singapore | Cited for the approach to consider the natural and ordinary meaning of words in defamation cases. |
| Rubber Improvement Ltd v Daily Telegraph Ltd | N/A | Yes | [1964] AC 234 | N/A | Cited for the principle that the meaning of words includes inferences reasonably drawn. |
| Jones v Skelton | N/A | Yes | [1963] 3 All ER 952 | N/A | Cited for the principle that the meaning of words includes inferences reasonably drawn. |
| Jeyaretnam Joshua Benjamin v Lee Kuan Yew | Court of Appeal | Yes | [1992] 2 SLR 310 | Singapore | Cited for determining the natural and ordinary meaning of words complained of in defamation. |
| Lee Kuan Yew v Chee Soon Juan (No 2) | N/A | Yes | [2005] 1 SLR 552 | Singapore | Cited regarding the assessment of aggravated damages in defamation cases. |
| Goh Chok Tong v Chee Soon Juan (No 2) | N/A | Yes | [2005] 1 SLR 573 | Singapore | Cited regarding the assessment of aggravated damages in defamation cases. |
| Macquarie Corporate Telecommunications Pte Ltd v Phoenix Commications Pte Ltd | N/A | Yes | [2004] 1 SLR 463 | Singapore | Cited regarding the assessment of aggravated damages in defamation cases. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Defamation Act (Cap 75, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Metal Stamping Industry
- V6 Software
- iCADAM Software
- Defamatory Statements
- Intellectual Property Right
- Royalty Fees
- Vicarious Liability
- Aggravated Damages
15.2 Keywords
- defamation
- metal stamping software
- intellectual property
- Singapore
- CAD-IT
- Icadam Technologies
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Defamation | 95 |
| Intellectual Property Rights | 40 |
| Inducement of Breach of Contract | 30 |
| Breach of Confidence | 30 |
| Misrepresentation | 20 |
| Contract Law | 20 |
| Business Litigation | 10 |
| Corporate Law | 10 |
16. Subjects
- Defamation
- Tort Law
- Intellectual Property