ESAVE AG v ESAVE APAC PTE. LTD. & 3 Ors

ESAVE AG v ESAVE APAC PTE. LTD. & 3 Ors

Under the Rules of Court 2021 a party is generally entitled to production of documents referred to in pleadings and in affidavits where the pleading or affidavit specifically mentions or directly alludes to the document; the court may order production under O 11 r 4 or O 3 r 2(2) but may refuse production for good cause including disproportionality, privilege, protected internal correspondence, or lack of possession or control (subject to the Lutfi "plain and obvious" exception). Applying those principles, the 1st Defendant must produce the tender proposal dated 2 March 2023 and the contract with HDB or EM Services for HDB Project 2023, while broad unspecified requests are rejected as...

Citation
[2026] SGHCR 17
Parties
Claimant: eSave AG; 1st Defendant: eSave APAC Pte Ltd; 2nd Defendant: iSense Global Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
18 May 2026
Case Number
HC/OC 265/2025 ( HC/SUM 883/2026 )
Procedural Posture
Originating Claim (trademark Infringement / Passing Off) / Interlocutory Application for Production of Documents (summons No 883 of 2026)
Outcome
Partially granted
Legal Topics
Production of Documents, Notice to Produce, Specific Production, Disclosure Proportionality, Interim Injunctions
Source Language
English
Civil Procedure Intellectual Property Trademark Law Production of Documents Notice to Produce Specific Production Disclosure Proportionality Interim Injunctions

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Parties

eSave AG

Claimant

eSave APAC Pte Ltd

1st Defendant

iSense Global Pte Ltd

2nd Defendant

Procedural Posture

Originating Claim (trademark Infringement / Passing Off) / Interlocutory Application for Production of Documents (summons No 883 of 2026)

Legal Issues

  1. 1 Whether a party is entitled to production of documents referred to in affidavits under the Rules of Court 2021
  2. 2 Whether documents referred to in pleadings or affidavits must be directly alluded to (not merely inferred transactions) to be producible
  3. 3 What constitutes "good cause" to resist production under the 2021 Rules

Ratio Decidendi

Under the Rules of Court 2021 a party is generally entitled to production of documents referred to in pleadings and in affidavits where the pleading or affidavit specifically mentions or directly alludes to the document; the court may order production under O 11 r 4 or O 3 r 2(2) but may refuse production for good cause including disproportionality, privilege, protected internal correspondence, or lack of possession or control (subject to the Lutfi "plain and obvious" exception). Applying those principles, the 1st Defendant must produce the tender proposal dated 2 March 2023 and the contract with HDB or EM Services for HDB Project 2023, while broad unspecified requests are rejected as...

Court Disposition

Partially granted

Orders

  • Order that the 1st Defendant produce the tender proposal to the HDB dated 2 March 2023 as referred to at para 9(e)(ii) of the Defence & Counterclaim
  • Order that the 1st Defendant produce the contract it entered into with HDB or EM Services Pte Ltd in respect of the HDB Project 2023 (request reframed and limited)