BM Building v Chua Thiam Siew: Libel Claim for Poor Workmanship Allegations

In a libel action, BM Building Pte Ltd (BMB) sued Chua Thiam Siew for an anonymous telefax sent to various town councils criticizing BMB's workmanship at Summerdale Condominium. The High Court of Singapore, presided over by Justice Woo Bih Li, dismissed BMB's claim on December 22, 2010, finding that Chua's allegations of poor workmanship were justified. The court considered evidence regarding rusty metal railings, paint stains, and the omission to jet-wash walls, ultimately concluding that Chua's comments were substantially true.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Claim Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Libel action by BM Building against Chua Thiam Siew for an anonymous fax criticizing their workmanship. The court dismissed the claim, finding Chua's allegations justified.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BM Building Pte LtdPlaintiffCorporationClaim DismissedLost
Chua Thiam SiewDefendantIndividualClaim DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Lee Mun HooiLee Mun Hooi & Co
Lee ShihuiLee Mun Hooi & Co
Victor YipTeh Yip Wong & Tan

4. Facts

  1. BM Building Pte Ltd was contracted to perform renovation works at Summerdale Condominium.
  2. Chua Thiam Siew, a resident of Summerdale, sent an anonymous telefax to town councils criticizing BM Building's workmanship.
  3. The telefax alleged poor workmanship, including failure to remove rust from metal railings, paint stains, and omission to jet-wash walls.
  4. Bruce James Building Surveyors Pte Ltd was the project manager supervising BM Building's work.
  5. Conspec Pte Ltd was also engaged to ensure that BM Building's works were carried out in accordance with specifications.
  6. Residents, including Chua, complained about instances of poor workmanship.
  7. BM Building terminated the contract due to non-payment of certified progress claims.

5. Formal Citations

  1. BM Building Pte Ltd v Chua Thiam Siew, Suit No 628 of 2009, [2010] SGHC 367

6. Timeline

DateEvent
Contract awarded to BM Building Pte Ltd by the Management Corporation Strata Title Plan No 2622 of Summerdale Condominium.
BM Building Pte Ltd commenced works at Summerdale.
Complaints about poor workmanship were aired at the MCST’s seventh Annual General Meeting.
BM Building Pte Ltd made a seventh progress claim.
A site meeting was held to discuss defective metal railings.
BM Building Pte Ltd demanded payment and threatened to terminate the contract.
BM Building Pte Ltd terminated the contract.
Chua Thiam Siew sent an anonymous telefax criticizing BM Building Pte Ltd's workmanship.
Faithful+Gould Pte Ltd inspected the works undertaken by BM Building Pte Ltd at Summerdale.
Chua Thiam Siew wrote to Mr. Lee in a conciliatory tone.
Judgment was delivered dismissing BM Building Pte Ltd's claim.

7. Legal Issues

  1. Justification
    • Outcome: The court found that the defendant's allegations were substantially true, thus justifying the defamatory statements.
    • Category: Substantive
  2. Fair Comment
    • Outcome: The court found that the defence of fair comment failed because the published words were assertions of fact, not comments, and were not on a matter of public interest.
    • Category: Substantive
    • Related Cases:
      • [1998] 3 SLR(R) 236

8. Remedies Sought

  1. Damages for Defamation
  2. Injunction to restrain further publication of defamatory statements

9. Cause of Actions

  • Defamation
  • Libel

10. Practice Areas

  • Civil Litigation

11. Industries

  • Construction
  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chen Cheng v Central Christian ChurchCourt of AppealYes[1998] 3 SLR(R) 236SingaporeCited for the elements required to succeed in the defence of fair comment.
Hytech Builders Pte Lte v Goh Teng Poh KarenHigh CourtYes[2008] 3 SLR(R) 236SingaporeCited to illustrate the distinction between assertions of fact and comments in defamation cases.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Libel
  • Defamation
  • Justification
  • Fair Comment
  • Workmanship
  • Telefax
  • Rusty Metal Railings
  • Paint Stains
  • Jet-Wash
  • Defects List

15.2 Keywords

  • defamation
  • libel
  • construction
  • workmanship
  • Singapore
  • High Court
  • BM Building
  • Chua Thiam Siew

17. Areas of Law

Area NameRelevance Score
Defamation90
Construction Law40
Contractual terms30
Renovation Contracts30
Contract Law30

16. Subjects

  • Defamation
  • Construction Dispute
  • Civil Litigation