SUN ELECTRIC PTE. LTD. v SUNSEAP GROUP PTE. LTD. & 2 Ors

SUN ELECTRIC PTE. LTD. v SUNSEAP GROUP PTE. LTD. & 2 Ors

The court held that the Plaintiff's particulars were insufficient and ordered the Plaintiff to provide further and better particulars, but refused to withdraw the interrogatories; instead the interrogatories were allowed to stand subject to narrowing and withdrawal of specified open-ended questions, and the Plaintiff may file further particulars after receipt of the Defendants' answers to the amended interrogatories.

Citation
[2019] SGHCR 11
Parties
Plaintiff / Respondent: Sun Electric Pte Ltd; Defendant / Applicant: Sunseap Group Pte Ltd; Defendant / Applicant: Sunseap Energy Pte Ltd; Defendant / Applicant: Sunseap Leasing Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
27 August 2019
Case Number
HC/S 1229/2016 ( HC/SUM 2922/2019,HC/SUM 2901/2019 ) |HC/S 190/2018 ( HC/SUM 2921/2019,HC/SUM 2902/2019 )
Procedural Posture
Patent Infringement Suits With Interlocutory Applications Concerning Particulars and Interrogatories / Applications for Further and Better Particulars and for Withdrawal/amendment of Interrogatories (interlocutory)
Outcome
Applications were partially granted and partially dismissed: particulars order enforced; interrogatories largely upheld subject to amendments and specified withdrawals; prayers to strike out and to restrain further interrogatories without leave dismissed.
Legal Topics
Interrogatories, Further and Better Particulars, Pleadings, Infringement, Discovery
Source Language
English
Civil Procedure Patents and Inventions Intellectual Property Interrogatories Further and Better Particulars Pleadings Infringement Discovery

Case Brief

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Parties

Sun Electric Pte Ltd

Plaintiff / Respondent

Sunseap Group Pte Ltd

Defendant / Applicant

Sunseap Energy Pte Ltd

Defendant / Applicant

Sunseap Leasing Pte Ltd

Defendant / Applicant

Procedural Posture

Patent Infringement Suits With Interlocutory Applications Concerning Particulars and Interrogatories / Applications for Further and Better Particulars and for Withdrawal/amendment of Interrogatories (interlocutory)

Legal Issues

  1. 1 Whether the Plaintiff's particulars as to the alleged 'consolidation unit' are sufficient
  2. 2 Whether the Plaintiff may defer providing further particulars pending Defendants' answers to interrogatories
  3. 3 Whether the interrogatories served by the Plaintiff are relevant, necessary or constitute fishing

Ratio Decidendi

The court held that the Plaintiff's particulars were insufficient and ordered the Plaintiff to provide further and better particulars, but refused to withdraw the interrogatories; instead the interrogatories were allowed to stand subject to narrowing and withdrawal of specified open-ended questions, and the Plaintiff may file further particulars after receipt of the Defendants' answers to the amended interrogatories.

Court Disposition

Applications were partially granted and partially dismissed: particulars order enforced; interrogatories largely upheld subject to amendments and specified withdrawals; prayers to strike out and to restrain further interrogatories without leave dismissed.

Orders

  • In SUM 2921 and SUM 2922: decline to withdraw the interrogatories but order specified interrogatories to be amended by removing open-ended aspects and specified interrogatories withdrawn; prayer that Plaintiff shall not serve further interrogatories without leave dismissed.
  • In SUM 2901 and SUM 2902: Plaintiff to file further and better particulars as ordered; prayers for unless order and striking out of pleadings dismissed.