Bayshore Park condo owners in defamation suit

Behind the walls of the 24-year-old Bayshore Park condominium, tension is brewing.
Four owners are suing a fellow owner for defamation, arising from a dispute over the condo’s management council election.
On the first day of trial on Tuesday, the High Court heard that the four plaintiffs were allegedly defamed by a 10-statement circular written by Mr Chua Cheok Kwang, which accused them of being dishonest and misleading.
The circular was sent out in response to an anonymous letter which outlined achievements of the four plaintiffs such as their judicious spending of council funds.
The letter, which was circulated to condo owners, asked them to vote for the four in the upcoming election.
The plaintiffs denied writing the letter and contended that the circular, issued a month before the election, is defamatory as it was posted in public places like notice boards.
The circular, which was written by Mr Chua who was the then council chairman, addressed the letter and clarified to residents that financial savings were the efforts of the council as a whole and not by some members only.
The court heard that all five parties involved were part of the condo’s management committee in 2009 but disagreements soon cropped up over issues like collection of maintenance fees and Mr Chua’s company doing business with the condominium.
The four plaintiffs suing Mr Chua are Madam Png Beng Hong, Mr Chua Charn Boon, Ms Lee Lee Hue and Mr John Teh.
They are also taking issue with two notices – an en bloc circular and the minutes of a meeting – which were posted on public spaces and which they said aggravated the defamatory effect of the first circular.
Mr Chua, in his filed defence, is denying that the allegations were defamatory.
He contends that it was reasonable to infer that the plaintiffs were the authors of the anonymous letter.
His circular was a “measured response” to clarify the claims made in the letter, he said.
The statements in the circular were true and made in the public interest, he added.
Madam Png, who has since sold her condo unit, took the stand on Tuesday and claimed that she had suffered emotionally as a result of the alleged defamatory statements.
Madam Png, who told the court that she only saw the anonymous letter – much later after it was sent out – said she regarded the letter as trash and laughed it off.
But when cross-examined by Mr Chua’s lawyer, Mr Denis Tan, on how Mr Chua’s statements were defamatory as no direct reference had been made, Madam Png was unable to answer on several occasions.
The trial continues.
Source : Channel NewsAsia – 15 Feb 2011