Foo Jong Long Dennis v Ang Yee Lim and another

Foo Jong Long Dennis v Ang Yee Lim and another

The implied undertaking under the Riddick principle ceases to apply once a document has been read to or referred to in open court; however the party who disclosed the document or the owner may apply to the court for an order that the undertaking continue. Singapore adopts the minority approach in Harman (Lord...

Source-derived case information.

Citation
[2015] SGHC 23
Parties
Plaintiff: Foo Jong Long Dennis; Defendant: Ang Yee Lim and another
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
29 January 2015
Case Number
Suit No 72 of 2013
Procedural Posture
Civil Suit (damages for Deceit, Misrepresentation, Conspiracy; Breach of Memorandum & Articles and SGX Rules) / Preliminary Issue at Trial (part Heard)
Outcome
Preliminary issue determined for plaintiff: the 14 April Minutes having been used in open court, the implied undertaking no longer applied and the plaintiff may use the document in this suit; trial ordered to continue.
Legal Topics
Riddick Principle, Implied Undertaking on Discovery, Open Justice, Use of Disclosed Documents, Application of English Law Act Interpretation
Source Language
english
Civil Procedure Evidence Company Law Confidentiality Public Law Riddick Principle Implied Undertaking on Discovery Open Justice +2 more

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Summary, issues, holding and outcome

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Parties

Foo Jong Long Dennis

Plaintiff

Ang Yee Lim and another

Defendant

Procedural Posture

Civil Suit (damages for Deceit, Misrepresentation, Conspiracy; Breach of Memorandum & Articles and SGX Rules) / Preliminary Issue at Trial (part Heard)

Legal Issues

  1. 1 Whether the implied undertaking not to use documents obtained by discovery (Riddick principle) ceases to apply once the document has been used in open court
  2. 2 Whether Singapore should follow the minority (Lord Scarman) or majority approach in Harman v Secretary of State for the Home Department
  3. 3 Whether the Application of English Law Act (AELA) prevents Singapore courts from adopting post-1993 English statutory changes or the minority approach

Ratio Decidendi

The implied undertaking under the Riddick principle ceases to apply once a document has been read to or referred to in open court; however the party who disclosed the document or the owner may apply to the court for an order that the undertaking continue. Singapore adopts the minority approach in Harman (Lord Scarman) because open justice must be afforded greater weight and the court retains discretion to protect legitimate confidentiality interests.

Court Disposition

Preliminary issue determined for plaintiff: the 14 April Minutes having been used in open court, the implied undertaking no longer applied and the plaintiff may use the document in this suit; trial ordered to continue.

Orders

  • Plaintiff permitted to use the 14 April Minutes in this suit.
  • Trial to continue (matter part-heard).