AROVIN LTD & Anor v HADIRAN SRIDJAJA [2019] SGHC(I) 13 (10 September 2019)

AROVIN LTD & Anor v HADIRAN SRIDJAJA [2019] SGHC(I) 13 (10 September 2019)

Documents relating to the sharing of liabilities under the Initial PCOA have sufficient relevance or materiality to the interpretation of the BSLA and are to be produced, but the scope is narrowed to documents relating to the sharing of liabilities arising out of any guarantee and/or exit option demanded by EDBI in respect of the Initial PCOA. Documents relating to the negotiation of Clauses 4 and 5 of the Settlement are not sufficiently relevant or material and are not to be produced. Documents evidencing EDBI's cooperation are protected by litigation privilege and the crime/fraud exception does not apply on the facts; production is not ordered.

Citation
[2019] SGHC(I) 13
Parties
Plaintiff: Arovin Ltd; Plaintiff: Vijay Goradia; Defendant: Hadiran Sridjaja
Jurisdiction
Singapore
Judgment Date
10 September 2019
Procedural Posture
Summons for Production of Documents in Commercial Suit / Interlocutory Application for Document Production
Outcome
Application allowed in part and dismissed in part.
Legal Topics
Production of Documents, Legal Privilege, Relevance and Materiality, Champerty and Maintenance, Contractual Interpretation
Civil Procedure Commercial Law Production of Documents Legal Privilege Relevance and Materiality Champerty and Maintenance Contractual Interpretation

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Parties

Arovin Ltd

Plaintiff

Vijay Goradia

Plaintiff

Hadiran Sridjaja

Defendant

Procedural Posture

Summons for Production of Documents in Commercial Suit / Interlocutory Application for Document Production

Legal Issues

  1. 1 Whether documents relating to the Initial PCOA are relevant and material to the interpretation of the BSLA and should be produced
  2. 2 Whether documents relating to the negotiation of Clauses 4 and 5 of the Settlement are relevant and material and should be produced
  3. 3 Whether documents evidencing cooperation by EDBI with the Plaintiffs are privileged or should be produced

Ratio Decidendi

Documents relating to the sharing of liabilities under the Initial PCOA have sufficient relevance or materiality to the interpretation of the BSLA and are to be produced, but the scope is narrowed to documents relating to the sharing of liabilities arising out of any guarantee and/or exit option demanded by EDBI in respect of the Initial PCOA. Documents relating to the negotiation of Clauses 4 and 5 of the Settlement are not sufficiently relevant or material and are not to be produced. Documents evidencing EDBI's cooperation are protected by litigation privilege and the crime/fraud exception does not apply on the facts; production is not ordered.

Court Disposition

Application allowed in part and dismissed in part.

Orders

  • Plaintiffs to produce documents relating to the sharing of liabilities arising out of any guarantee and/or exit option demanded by EDBI in respect of the Initial PCOA.
  • No order for production of documents relating to the negotiation of Clauses 4 and 5 of the Settlement.