Ng Giok Oh & 3 Others v Sajjad Akhtar & 2 Others

Ng Giok Oh & 3 Others v Sajjad Akhtar & 2 Others

Pre-action discovery of court assessors' working drafts, draft reports, correspondence and attendance notes was refused because an assessor's advice is a privileged tool for the judge, is not evidence subject to party scrutiny, and the application constituted a fishing expedition; applicants should commence proceedings and seek discovery in the normal way if a cause of action exists.

Citation
[2002] SGHC 169
Parties
Plaintiffs: Ng Giok Oh & 3 Others; Defendants: Sajjad Akhtar & 2 Others
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
31 July 2002
Case Number
OS 655/2002
Procedural Posture
Originating Summons OS 655/2002 Pre Action Discovery / Pre Action Discovery Application
Outcome
Application dismissed
Legal Topics
Discovery of Documents, Pre Action Discovery, Court Assessors, Assessors' Privilege, Negligence
Source Language
English
Civil Procedure Courts and Jurisdiction Evidence Discovery of Documents Pre Action Discovery Court Assessors Assessors' Privilege Negligence

Case Brief

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Parties

Ng Giok Oh & 3 Others

Plaintiffs

Sajjad Akhtar & 2 Others

Defendants

Procedural Posture

Originating Summons OS 655/2002 Pre Action Discovery / Pre Action Discovery Application

Legal Issues

  1. 1 Whether notes, drafts, correspondence and attendance notes of court assessors are discoverable by pre-action discovery
  2. 2 Whether the advice of court assessors constitutes evidence or is subject to scrutiny by the parties
  3. 3 Whether an arguable cause of action in negligence exists against court assessors and whether damages can be shown

Ratio Decidendi

Pre-action discovery of court assessors' working drafts, draft reports, correspondence and attendance notes was refused because an assessor's advice is a privileged tool for the judge, is not evidence subject to party scrutiny, and the application constituted a fishing expedition; applicants should commence proceedings and seek discovery in the normal way if a cause of action exists.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • First defendant's separate originating summons for costs to be heard separately