Background: In February 2023, Yelin Yu made disparaging online posts about WooooF after ignoring a cease and desist letter. WooooF sought an injunction to stop the defamation and claim damages.

Legal Arguments/Issues:

Yelin Yu contended the chambers judge erred by:

1. Applying the incorrect legal test (RJR-MacDonald) for defamation.
2. Finding irreparable harm to WooooF.
3. Misassessing the balance of convenience.
4. Issuing an overly broad order.
5. Refusing to hear submissions on costs.

The Court of Appeal held that the judge applied the wrong test and that to grant an interlocutory injunction in defamation cases, the statements must be manifestly defamatory without any sustainable defense.

Decision: The appeal was allowed. The injunction was set aside as the judge incorrectly applied the RJR-MacDonald test. The court concluded that it was not beyond doubt that Yu’s defenses would fail and that the order was overly broad.

Costs: The chambers judge initially ordered Yelin Yu to pay WooooF $3,000 in costs. However, upon allowing the appeal, the Court of Appeal set aside this order, resulting in no costs awarded against Yu.

Disposition: The Court of Appeal dismissed WooooF’s application for an interlocutory injunction, thus ruling in favor of Yelin Yu.