Dante Yap Go v Bank Austria Creditanstalt AG

Dante Yap Go v Bank Austria Creditanstalt AG

Application dismissed because the documents sought would only show the respondent's motive, which was not pleaded and not directly relevant to the pleaded causes of action; further, the proposed train of inquiry would not lead to documents directly relevant to the pleaded issues and discovery was therefore not...

Source-derived case information.

Citation
[2007] SGHC 69
Parties
Applicant/plaintiff: Dante Yap Go; Respondent/defendant: Bank Austria Creditanstalt AG
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
9 May 2007
Case Number
Suit 424/2003, SUM 1923/2007
Procedural Posture
Civil Discovery Application (contract and Negligence) / Interlocutory Pre Trial Discovery
Outcome
application dismissed
Legal Topics
Specific Discovery, Relevance for Discovery, Train of Inquiry, Pleadings and Discovery, Costs
Source Language
english
Civil Procedure Contract Law Tort Negligence Evidence/discovery Specific Discovery Relevance for Discovery Train of Inquiry Pleadings and Discovery +1 more

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Summary, issues, holding and outcome

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Parties

Dante Yap Go

Applicant/plaintiff

Bank Austria Creditanstalt AG

Respondent/defendant

Procedural Posture

Civil Discovery Application (contract and Negligence) / Interlocutory Pre Trial Discovery

Legal Issues

  1. 1 Whether the documents sought were directly relevant to pleaded issues
  2. 2 Whether the documents were indirectly relevant as likely to lead to a train of inquiry to relevant evidence under O 24 r 5(3)(c)
  3. 3 Whether discovery was necessary for disposing fairly of the matter or for saving costs

Ratio Decidendi

Application dismissed because the documents sought would only show the respondent's motive, which was not pleaded and not directly relevant to the pleaded causes of action; further, the proposed train of inquiry would not lead to documents directly relevant to the pleaded issues and discovery was therefore not necessary for a fair disposal or cost saving.

Court Disposition

application dismissed

Orders

  • SUM 1923/2007 dismissed
  • Costs awarded to respondent in the amount of $2000 SGD inclusive of disbursements