Unmeritorious claims filed to extort a settlement would amount to contempt of court: MinLaw
Source: Straits Times
Article Date: 22 Nov 2024
Author: David Sun
Ministry of Law says such claims can be struck out if found to be abuse of process.
People who abuse court processes by filing unmeritorious claims to oppress others and extort a settlement would be in contempt of court, said the Ministry of Law (MinLaw).
In a statement on Nov 21, the ministry said those who wish to sue or defend a claim without legal representation may do so in Singapore’s courts, with simplified court processes allowing for greater self-representation.
MinLaw noted, however, that Parliament recently passed changes to the Administration of Justice (Protection) Act (AOJPA) to expressly clarify that an abuse of the court’s processes would amount to contempt of court.
“This would include claims that are unmeritorious and filed simply to vex and oppress the defendant to extort a settlement,” the ministry said.
The ministry also set out safeguards against those who seek to abuse the system. Unmeritorious claims can be struck out if the courts find them to be frivolous or an abuse of process, said MinLaw.
Costs can be awarded against the losing party, and a party can be restricted from filing further applications or claims.
Those who interfere with or obstruct the administration of justice can be investigated under the AOJPA, MinLaw added.
The ministry issued its statement in response to media queries about a lawsuit faced by Associate Professor Ben Leong from the National University of Singapore (NUS).
MinLaw confirmed it has received feedback from Prof Leong, and said it is unable to comment on his case “as it appears to relate to potential or ongoing legal proceedings”.
In a post on TikTok on Nov 15, anti-vaccine group founder Iris Koh said she will be suing Prof Leong, who is from the Department of Computer Science at NUS, for defamation over a 2021 Facebook post he made about her Healing the Divide group.
Prof Leong posted on Facebook on Nov 16 that he was facing an impending defamation suit and said he was not the only one being sued.
He said it would cost $50,000 to $70,000 to engage a lawyer to handle the case, and that he would lose money even if he did win as the amount of costs he could claim would be limited to around $12,000.
He said in the post: “Basically, my situation is that I cannot lose this case, because the case is more or less lost even before I start. What I mean is that even if I win the case (and with high likelihood I will), I still stand to lose money and waste time no matter what.”
In its statement, MinLaw said it will monitor developments and assess if further reforms to the law are necessary.
Amendments to the AOJPA were passed in Parliament on Nov 13 to tackle “lawfare” by those who abuse court processes by filing groundless applications and time-wasting claims.
This includes commencing civil proceedings seeking financial damages, despite knowing the claim is baseless, just to oppress the defendant.
Minister of State for Law Murali Pillai told Parliament it was necessary to make it clear that such an abuse of court processes would amount to contempt of court.
On Nov 13, he had said: “The impact of egregious abuse of our court system can be serious, very serious... If we do not act, over time, trust in Singapore’s justice system will be eroded.
“We also have a duty to ensure that our processes are not weaponised or abused.”
Those who commit contempt of court during proceedings in the State Courts or other courts can be fined up to $20,000 or jailed for up to a year.
If it takes place in the High Court or the Court of Appeal, the individual can be fined up to $100,000 and jailed for up to three years.
Source: Straits Times © SPH Media Limited. Permission required for reproduction.
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