Banque Cantonale Vaudoise v RBG Resources: Discovery of Documents and Summary Judgment Appeal
In a dispute between Banque Cantonale Vaudoise (BCV) and Fujitrans (Singapore) Pte Ltd concerning transactions of RBG Resources plc, the High Court of Singapore heard an appeal regarding the discovery of documents. BCV had obtained summary judgment against Fujitrans. Fujitrans sought discovery of documents from BCV to support its appeal against the summary judgment. The court, Woo Bih Li J, dismissed Fujitrans' appeal, finding the discovery application premature and akin to a fishing expedition. The court outlined the proper procedure for adducing additional evidence in the appeal process.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding discovery of documents in a case involving Banque Cantonale Vaudoise and RBG Resources. The court dismissed the appeal, finding the discovery application premature.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Banque Cantonale Vaudoise | Plaintiff | Corporation | Appeal dismissed | Won | |
| Fujitrans (Singapore) Pte Ltd | Defendant, Appellant | Corporation | Appeal dismissed | Lost | |
| RBG Resources plc | Defendant | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
4. Facts
- BCV commenced an action against Fujitrans in respect of various groups of metals.
- BCV claimed its loss was caused by the negligent acts of Lim in allowing RBG’s representatives to use Fujitrans’ letterhead to issue false stock confirmations to BCV.
- BCV was granted summary judgment against Fujitrans for US$17,593,289.10, interest and costs.
- Fujitrans filed an application for discovery of various categories of documents from BCV.
- The assistant registrar dismissed the discovery application save for category 3 relating to BCV’s Loans and Securities Manuals.
- Fujitrans appealed against the assistant registrar’s decision.
5. Formal Citations
- Banque Cantonale Vaudoise v RBG Resources plc and Another, Suit 542/2002, RA 210/2004, [2004] SGHC 222
6. Timeline
| Date | Event |
|---|---|
| BCV's action commenced. | |
| Fujitrans applied for a stay of the action. | |
| BCV applied for summary judgment against Fujitrans. | |
| Grounds of Judgment dated. | |
| Fujitrans’ appeal dismissed. | |
| BCV was granted summary judgment against Fujitrans. | |
| Fujitrans filed a notice of appeal. | |
| Fujitrans filed an application for discovery of documents from BCV. | |
| Discovery application heard by an assistant registrar and dismissed save for category 3. | |
| Fujitrans filed a notice of appeal against the assistant registrar’s decision. | |
| Discovery appeal heard by Woo Bih Li J. | |
| JTJB wrote to the Registrar regarding the discovery application. | |
| Rajah & Tann wrote to the Registrar regarding the discovery application. | |
| Discovery appeal dismissed with costs. |
7. Legal Issues
- Discovery of Documents
- Outcome: The court held that the discovery application was premature and akin to a fishing expedition, dismissing the appeal.
- Category: Procedural
- Sub-Issues:
- Relevancy of documents
- Prematurity of application
8. Remedies Sought
- Discovery of documents
- Setting aside summary judgment
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| RBG Resources plc v Banque Cantonale Vaudoise | High Court | Yes | [2004] 3 SLR 421 | Singapore | Cited as the judgment delivered by the judge in Suit No 1175 of 2002, which involved competing claims to metals in warehouses operated by Fujitrans. |
| Banque Cantonale Vaudoise v RBG Resources plc | High Court | Yes | [2002] SGHC 264 | Singapore | Cited as the Grounds of Judgment where the judge did not grant a stay in respect of the Schedule 3 metals. |
| Thyssen Hunnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd | High Court | Yes | [2003] 1 SLR 75 | Singapore | Cited to explain the scope of discovery and the concept of 'fishing expedition' in the context of discovery applications. |
| RHM Foods Ltd v Bovril Ltd | N/A | Yes | [1982] 1 All ER 673 | N/A | Cited for the principle that discovery should not be used to substantiate mere suspicions. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 24 r 1 of the Rules of Court (Cap 322, 2004 Rev Ed, R 5) | Singapore |
| Order 24 r 5(1) of the Rules of Court (Cap 322, 2004 Rev Ed, R 5) | Singapore |
| Order 24 r 5(3)(c) of the Rules of Court (Cap 322, 2004 Rev Ed, R 5) | Singapore |
| Order 24 r 5(4) of the Rules of Court (Cap 322, 2004 Rev Ed, R 5) | Singapore |
| Order 24 r 7 of the Rules of Court (Cap 322, 2004 Rev Ed, R 5) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Discovery
- Summary judgment
- Warehouse attornments
- Overdraft facility
- Conditions precedent
- Fishing expedition
- Relevancy
- Train of inquiry
15.2 Keywords
- Discovery of documents
- Summary judgment appeal
- Civil procedure
- Singapore High Court
- Banking practice
- RBG Resources
- Fujitrans
- Banque Cantonale Vaudoise
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 75 |
| Commercial Law | 60 |
| Commercial Disputes | 60 |
| Banking and Finance | 50 |
| Fraud and Deceit | 40 |
| Evidence | 40 |
| Contract Law | 30 |
| Company Law | 20 |
16. Subjects
- Civil Procedure
- Discovery
- Banking
- Finance