Tropicana wins defamation suit over viral video of damaged unit

Tropicana Corporation Bhd and its subsidiary Tropicana Residences Sdn Bhd have triumphed in a defamation lawsuit against Tan Song Kwan, who is accused of damaging a condominium unit at Tropicana’s KLCC development using a sledgehammer. The court awarded the companies RM300,000 in general and aggravated damages, plus RM50,000 in costs, which accrue interest at 5% per annum from July 11, 2019 - the day the lawsuit was filed.

The lawsuit stemmed from a dispute over defects in a unit at Tropicana’s KLCC development, following Tan's actions of smashing parts of the property and capturing the incident on video. The judge, Nixon Kennedy Kumbong, held that the plaintiffs were clearly identified in the videos and statements, which repeatedly referenced Tropicana and its representatives.

Evidence showed that the videos were widely circulated on social media, broadcast on television, and featured in newspapers. Two witnesses testified to seeing the videos before August 25, 2019, with one describing them as having become widespread within the property community. The court rejected Tan's claim of innocence, stating that his preparations, including acquiring a sledgehammer and protective gear, and his admission of intent to smash the unit, indicated malice.

The court also dismissed Tan's appeal to freedom of speech under the Federal Constitution, asserting that such rights are subject to legal limitations, including defamation laws. Tan's legal team, led by Jessie Koh, contested the allegations.