Banque Cantonale Vaudoise v Fujitrans: Discovery Application & Issue Estoppel

Banque Cantonale Vaudoise (BCV) sued Fujitrans (Singapore) Pte Ltd for an alleged fraudulent scheme. Fujitrans appealed against the dismissal of their application for discovery of documents. The High Court dismissed the appeal, agreeing with the Assistant Registrar that the application was an attempt to re-open issues already decided in a prior application and constituted a fishing expedition. The court found that Fujitrans had not demonstrated a substantial change in circumstances to warrant a different view.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding discovery of documents. The court affirmed the dismissal of the application, citing issue estoppel and a fishing expedition.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Banque Cantonale VaudoisePlaintiff, RespondentCorporationAppeal DismissedWon
Fujitrans (Singapore) Pte LtdDefendant, AppellantCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Toh Kian SingRajah & Tann
Alvin LooiRajah & Tann
Kenneth LieJoseph Tan Jude Benny
Angela YapJoseph Tan Jude Benny
Chow Sy HanJoseph Tan Jude Benny

4. Facts

  1. BCV sued Fujitrans for an alleged fraudulent scheme perpetrated by RBG Resources Plc.
  2. BCV claimed Fujitrans sent fraudulent warehouse attornments for non-existent cargoes.
  3. BCV asserted it would not have disbursed monies to RBG’s seller if it had known the attornments were false.
  4. Fujitrans' former warehouse manager, Mr Lim Tau Hee, was allegedly involved in the fraud.
  5. Fujitrans sought discovery of seven categories of documents, six of which had been considered in a prior application.
  6. The first discovery application was dismissed as a fishing expedition or attempt to discover irrelevant documents.
  7. BCV's claim was limited to attornments in relation to non-existent goods.

5. Formal Citations

  1. Banque Cantonale Vaudoise v Fujitrans (Singapore) Pte Ltd, Suit 542/2002, RA 260/2006, [2006] SGHC 217
  2. Banque Cantonale Vaudoise v RBG Resources Plc, , [2004] 4 SLR 856

6. Timeline

DateEvent
First discovery application dismissed by the Assistant Registrar save for one category.
Plaintiff’s Re-Re-Amended Statement of Claim dated
Fujitrans’ second discovery application heard
Appeal dismissed

7. Legal Issues

  1. Discovery of Documents
    • Outcome: The court held that the appellant's application for discovery of documents was a fishing expedition and that the documents sought were not relevant to the appellant's defences.
    • Category: Procedural
    • Sub-Issues:
      • Relevance of documents
      • Fishing expedition
  2. Issue Estoppel
    • Outcome: The court found that the issue of discovery had already been decided in a prior application, and that the appellant had not demonstrated a substantial change in circumstances to warrant a different view.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Negligence
  • Vicarious Liability

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Banking
  • Warehousing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Banque Cantonale Vaudoise v RBG Resources PlcHigh CourtYes[2004] 4 SLR 856SingaporeThe court relied on this case, which involved the first discovery application, to determine that the second discovery application was an attempt to re-open issues already decided.
O Co v M CoN/AYes[1996] 2 Lloyd’s Rep 347EnglandCited for the principle that discovery should not be a 'fishing expedition'.
Tan Chin Seng & Ors v Raffles Town Club Pte LtdCourt of AppealYes[2002] 3 SLR 345SingaporeCited for the essential preconditions to be satisfied before discovery will be ordered is that of relevance.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 24 rule 5 Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Discovery of documents
  • Fishing expedition
  • Issue estoppel
  • Warehouse attornments
  • Fraudulent scheme
  • Warehouse financing

15.2 Keywords

  • Discovery
  • Documents
  • Issue Estoppel
  • Fraud
  • Banking
  • Singapore

17. Areas of Law

Area NameRelevance Score
Civil Practice75
Evidence60
Commercial Disputes50
Fraud and Deceit40
Contract Law30
Estoppel25
Company Law20

16. Subjects

  • Civil Procedure
  • Banking Law