Introduction

[1] This is a defamation claim involving statements made by the Defendant in a Facebook post on 15 June 2021 ("Facebook Post") and a Telegram group chat on 30 June 2021 ("Telegram Chat"). The Plaintiff complains that these publications identify him and are capable of being understood to bear the defamatory meaning that he is a "big con man" and a "fraudster" ("Alleged Defamation").

[2] In the action, the Defendant pleaded only a denial. The only substantive pleading is related to his counterclaim of defamation arising from the alleged publication of a letter of demand dated 29 June 2021 from the Plaintiff s solicitors ("Letter of Demand"). The Defendant claims that the Plaintiff published the Letter of Demand and that it defamed him. The Plaintiff denied publishing it other than to the Defendant.

Issues For Determination

[3] Per Ayob Saud v. TS Sambanthamurthi 1988 MarsdenLR 69 ; 1989 MarsdenLR 941 ; [1989] 1 CLJ (Rep) 321 , the burden of proof lies on the claimant to show (1) the words are defamatory (2) the words refer to the claimant, and (3) the words were published. It is noted that neither party pleaded any positive defences to the claims o