Business Software Alliance and Others v SM Summit Holdings Ltd and another and other appeals

Business Software Alliance and Others v SM Summit Holdings Ltd and another and other appeals

The Court held that the Chief Justice's order returning seized documents did not, by itself, bar ordinary discovery of documents returned to plaintiffs in this libel suit, but an implied undertaking arising from documents or information obtained under compulsion during the Summit raid does bar the defendants from seeking discovery or using documents where the existence of those documents was learned from the raid. Defendants are entitled to seek discovery only to the extent they can show they obtained knowledge of the documents independently of the raid; however the specific categories originally sought were overbroad and constituted a fishing expedition and therefore must be narrowed;...

Citation
[2000] SGCA 23
Parties
Defendant/appellant: Business Software Alliance; Plaintiff/respondent: SM Summit Holdings Ltd; Plaintiff/respondent: Summit CD Manufacture Pte Ltd; Defendant/appellant: Microsoft Corporation; Defendant/appellant: Adobe Systems Incorporated; Defendant/appellant: Autodesk Inc; Defendant/appellant: Stuart Ong; Defendant/appellant: Lee Cross; Defendant/appellant: Ronald T Eckstrom
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
24 April 2000
Case Number
CA 176/1999, 177/1999, 178/1999, 179/1999
Procedural Posture
Interlocutory Appeals in Libel (defamation) Action Concerning Discovery / Court of Appeal Judgment on Interlocutory Applications Remitting Discovery Issues to High Court
Outcome
Appeals allowed in part and dismissed in part; discovery rights recognised in principle subject to implied undertaking and relevancy limits; remitted to High Court to file narrowed discovery lists; striking out orders set aside and plaintiffs' striking out applications dismissed; costs ordered as specified below
Legal Topics
Discovery of Documents, Implied Undertaking, Search Warrants, Striking Out, Defamation, Abuse of Process, Relevancy, Fishing Expedition
Source Language
English
Civil Procedure Criminal Procedure Intellectual Property Tort Discovery of Documents Implied Undertaking Search Warrants Striking Out +4 more

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Parties

Business Software Alliance

Defendant/appellant

SM Summit Holdings Ltd

Plaintiff/respondent

Summit CD Manufacture Pte Ltd

Plaintiff/respondent

Microsoft Corporation

Defendant/appellant

Adobe Systems Incorporated

Defendant/appellant

Autodesk Inc

Defendant/appellant

Stuart Ong

Defendant/appellant

Lee Cross

Defendant/appellant

Ronald T Eckstrom

Defendant/appellant

Procedural Posture

Interlocutory Appeals in Libel (defamation) Action Concerning Discovery / Court of Appeal Judgment on Interlocutory Applications Remitting Discovery Issues to High Court

Legal Issues

  1. 1 Whether Chief Justice's order prohibiting use of seized documents bars discovery in unrelated civil proceedings
  2. 2 Whether an implied undertaking not to use documents obtained under compulsion bars discovery or use of information derived from the raid
  3. 3 Whether defendants may rely on information obtained independently of the raid to justify discovery

Ratio Decidendi

The Court held that the Chief Justice's order returning seized documents did not, by itself, bar ordinary discovery of documents returned to plaintiffs in this libel suit, but an implied undertaking arising from documents or information obtained under compulsion during the Summit raid does bar the defendants from seeking discovery or using documents where the existence of those documents was learned from the raid. Defendants are entitled to seek discovery only to the extent they can show they obtained knowledge of the documents independently of the raid; however the specific categories originally sought were overbroad and constituted a fishing expedition and therefore must be narrowed;...

Court Disposition

Appeals allowed in part and dismissed in part; discovery rights recognised in principle subject to implied undertaking and relevancy limits; remitted to High Court to file narrowed discovery lists; striking out orders set aside and plaintiffs' striking out applications dismissed; costs ordered as specified below

Orders

  • Set aside assistant registrar's order except insofar as it related to costs
  • Set aside the order of the learned judge below refusing discovery