Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP v FENG SHI & 2 Ors

Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP v FENG SHI & 2 Ors

Application for production dismissed: the majority of requests sought private/internal correspondence falling within the prohibition in O 11 r 5(2); claimant failed to show exceptions (special case or known adverse documents) applied; where privilege was asserted claimant did not demonstrate it was plain and obvious that privilege did not apply; claimant also failed to meet Lutfi's threshold to go behind respondent's averments of non-possession for Schedule 2 requests.

Citation
[2024] SGHCR 8
Parties
Claimant: Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP; First Defendant: Feng Shi; Second Defendant: Alex SK Liu; Third Defendant: Haven Global Network Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
19 August 2024
Case Number
HC/OC 10/2022 ( HC/SUM 475/2024 )
Procedural Posture
Originating Claim (oc 10 of 2022) With Summons No 475 of 2024 for Specific Production / Interlocutory Production Application Under Order 11 R 3 ROC 2021; Judgment on Summons
Outcome
Application dismissed in its entirety
Legal Topics
Production of Documents, Private and Internal Correspondence, Legal Professional Privilege, Litigation Privilege, Known Adverse Documents, Order 11 Rule 5(2) ROC 2021, Specific Production, Materiality Test
Source Language
English
Civil Procedure Evidence Arbitration Production of Documents Private and Internal Correspondence Legal Professional Privilege Litigation Privilege Known Adverse Documents +3 more

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Parties

Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP

Claimant

Feng Shi

First Defendant

Alex SK Liu

Second Defendant

Haven Global Network Pte Ltd

Third Defendant

Procedural Posture

Originating Claim (oc 10 of 2022) With Summons No 475 of 2024 for Specific Production / Interlocutory Production Application Under Order 11 R 3 ROC 2021; Judgment on Summons

Legal Issues

  1. 1 Whether the court may order production of private or internal correspondence under O 11 r 5(2) and the scope of its exceptions (special case; known adverse documents)
  2. 2 Sufficiency of averments on affidavit asserting legal privilege in light of Lutfi (plain and obvious standard)
  3. 3 Whether requested documents are in respondent’s possession or control

Ratio Decidendi

Application for production dismissed: the majority of requests sought private/internal correspondence falling within the prohibition in O 11 r 5(2); claimant failed to show exceptions (special case or known adverse documents) applied; where privilege was asserted claimant did not demonstrate it was plain and obvious that privilege did not apply; claimant also failed to meet Lutfi's threshold to go behind respondent's averments of non-possession for Schedule 2 requests.

Court Disposition

Application dismissed in its entirety

Orders

  • Application for production of Schedule 1 and Schedule 2 Documents is dismissed
  • Parties to be heard on costs