Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP v FENG SHI & 2 Ors

Cachet Multi Strategy Fund SPC on behalf of Cachet Special Opportunities SP v FENG SHI & 2 Ors

Internal or private correspondence that a party knows or reasonably ought to know is adverse must be produced notwithstanding the internal correspondence prohibition; the court limited the overbroad requests to only known adverse documents; because Mr Liu did not deny possession he must file an affidavit stating...

Source-derived case information.

Citation
[2024] SGHC 327
Parties
Claimant: Cachet Multi Strategy Fund SPC (on behalf of Cachet Special Opportunities SP); First Defendant: Feng Shi (Tristan Shi); Second Defendant: Alex SK Liu; Third Defendant: Haven Global Network Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
26 December 2024
Case Number
HC/OC 10/2022 ( HC/RA 174/2024,HC/RA 175/2024 )
Procedural Posture
Originating Claim No 10 of 2022 / Registrar's Appeals Nos 174 and 175 of 2024 (appeals From AR Decisions on F&bp and Specific Discovery)
Outcome
RA 174 dismissed; RA 175 dismissed; order made against second defendant to file affidavit and disclose or justify non-disclosure of known adverse documents
Legal Topics
Production of Documents, Known Adverse Documents, Internal Correspondence Exception, Litigation Privilege, Solicitor Client Privilege, Further and Better Particulars, Specific Discovery, Affidavit of Possession
Source Language
english
Civil Procedure Discovery Legal Privilege Fraud Conspiracy Arbitration Evidence Production of Documents +7 more

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Parties

Cachet Multi Strategy Fund SPC (on behalf of Cachet Special Opportunities SP)

Claimant

Feng Shi (Tristan Shi)

First Defendant

Alex SK Liu

Second Defendant

Haven Global Network Pte Ltd

Third Defendant

Procedural Posture

Originating Claim No 10 of 2022 / Registrar's Appeals Nos 174 and 175 of 2024 (appeals From AR Decisions on F&bp and Specific Discovery)

Legal Issues

  1. 1 Whether private/internal correspondence must be produced when they are 'known adverse documents'
  2. 2 Whether the requesting party must prove documents are 'known adverse' or the responding party must search and disclose or deny possession
  3. 3 Whether communications between co-founders are protected by litigation privilege or solicitor-client privilege

Ratio Decidendi

Internal or private correspondence that a party knows or reasonably ought to know is adverse must be produced notwithstanding the internal correspondence prohibition; the court limited the overbroad requests to only known adverse documents; because Mr Liu did not deny possession he must file an affidavit stating whether known adverse documents falling under Appeal Requests (a)–(d) exist and are in his possession and, if they exist, either disclose them or demonstrate on a prima facie basis that they are covered by litigation privilege; RA 175 dismissed and RA 174 dismissed.

Court Disposition

RA 174 dismissed; RA 175 dismissed; order made against second defendant to file affidavit and disclose or justify non-disclosure of known adverse documents

Orders

  • RA 174 dismissed
  • RA 175 dismissed