LAW OF TORTS
Defamatory Statement – iMessage – Phone
Number – iCloud Email – Presumption – Burden of
Proof – Balance of Probabilities
Pushparajan A/L R. Thachanamoorthy v Chin Wai
Yee
Civil Case No. WA-23CY-36-08/2017 | High Court
Facts The claim was filed by Pushparajan (the
'Plaintiff') for damages against Chin Wai
Yee (the 'Defendant') for a defamatory
statement which was allegedly sent by the latter to the
Plaintiff's wife via an iPhone messaging application
('iMessage'). The Plaintiff's wife
claims to have received the iMessage via an iCloud Email Address
that the Plaintiff claims to belong to the Defendant. However, the
Defendant disputed that she had ever sent the iMessage and that she
has never owned the iCloud Email Address in question. As the
Plaintiff was not satisfied with the Defendant's response, the
Plaintiff filed the claim against the Defendant seeking for damages
for the alleged defamatory statements.
