Kua Boon Haun v Peng Choong Leng

Appellant(s): Kua Boon Haun

Respondent(s): Peng Choong Leng

• YA Datuk Ismail Bin Brahim
• YA Datuk Dr Lim Hock Leng
• YA Dato' Hajah Aliza binti Sulaiman

• The respondent, a former President of a federation of alumni associations, alleged that the appellant published defamatory statements against him in a WhatsApp group.
• The impugned statements concerned the respondent's election to the presidency, which occurred after his nominating association's registration had been revoked.
• The High Court found the appellant liable for defamation, holding that the appellant published the statements and awarded general damages and costs.

• Whether the High Court erred in finding that the appellant authored and published the impugned defamatory statements.
• Whether the High Court correctly admitted and assessed the authenticity of the WhatsApp messages relied upon by the respondent, given they were hearsay evidence.
• Whether the High Court prematurely shifted the burden of proof to the appellant without the respondent first establishing a prima facie case of defamation.

• The Court held that the respondent failed to discharge the burden of proving the essential elements of defamation, particularly the authenticity of the impugned statements and their attribution to the appellant.
• The evidence relied upon by the respondent was inadmissible hearsay as the individuals who allegedly provided the information were not called as witnesses, and its authenticity was not established.
• The Court found that the High Court misdirected itself by interpreting the appellant's alternative defence pleadings as an admission of authorship and by erroneously shifting the burden of proof. The appeal was allowed, and the High Court's decision was set aside.