Fermin Aldabe v Standard Chartered Bank: Electronic Discovery & Inspection of E-mails

In Fermin Aldabe v Standard Chartered Bank, the Singapore High Court addressed issues related to electronic discovery, specifically the inspection of e-mails in a wrongful termination claim. The court directed the parties to exchange electronic copies of documents and set a protocol for the physical inspection of e-mail messages, emphasizing the need for cooperation and clarity in describing e-mail messages in lists of documents. The court deferred the issue of authentication of electronically stored documents to the trial phase.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application granted with directions for the exchange of electronic copies of documents and subsequent inspection.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding the proper procedure for electronic discovery, specifically concerning e-mails and their inspection in civil procedure.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Standard Chartered BankDefendantCorporationApplication granted with directionsPartial
Fermin AldabePlaintiffIndividualApplication granted with directionsPartial

3. Judges

Judge NameTitleDelivered Judgment
Yeong Zee KinSARYes

4. Counsels

Counsel NameOrganization
Herman JeremiahRodyk & Davidson
Wong Wai HanRodyk & Davidson
Choo Hua YiRodyk & Davidson

4. Facts

  1. Plaintiff claimed wrongful termination of employment against the Defendant.
  2. The Defendant filed its List of Documents on 19 June 2009.
  3. The Defendant proposed exchanging copies of documents and deferring physical inspection.
  4. The Plaintiff requested physical inspection of all Defendant's listed documents.
  5. The Plaintiff raised concerns about the integrity and verification of e-mails.
  6. The Defendant applied for an order to allow it to give inspection of e-mails by providing printed or electronic copies.
  7. The Plaintiff identified 14 e-mails for inspection to view the e-mail header and routing information.

5. Formal Citations

  1. Fermin Aldabe v Standard Chartered Bank, Suit 174/2009, SUM 3788/2009, [2009] SGHC 194
  2. PSA Corp Ltd v Korea Exchange Bank, , [2002] 3 SLR 37
  3. Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Another Suit, , [2003] 3 SLR 685
  4. K Solutions Pte Ltd v National University of Singapore, , [2009] SGHC 143
  5. Alliance Management SA v Pendleton Lane P and Another and Another Suit, , [2007] 4 SLR 343
  6. Derby & Co Ltd v Weldon (No 9), , [1991] 1 WLR 652
  7. Megastar Entertainment Pte Ltd v Odex Pte Ltd, , [2005] 3 SLR 91
  8. UMCI Ltd v Tokio Marine & Fire Insurance Co (Singapore) Pte Ltd and Others, , [2006] 4 SLR 95
  9. Grant and Another v Southwestern and County Properties Ltd and Another, , [1975] 1 Ch 185
  10. Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another and Other Appeals, , [2006] 3 SLR 769
  11. Lim Mong Hong v Public Prosecutor, , [2003] 3 SLR 88
  12. Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors, , [2008] EWHC 2522 (Ch)

6. Timeline

DateEvent
Pre-trial conference held; directions given for discovery.
Defendant filed its List of Documents.
Plaintiff counter-proposed meeting at 8:30 am and stated he required physical inspection of all of the Defendant’s listed documents.
Defendant’s solicitors reply re-iterated their conditions set out in their e-mail of 22 June 2009.
Plaintiff raised the issue of inspection of e-mails.
Plaintiff suggested postponing inspection until after the pre-trial conference scheduled on 10 July 2009.
Defendant agreed to postponement of inspection.
During pre-trial conference, the Defendant was directed to file an application for leave to dispense with the usual mode of inspection.
Hearing of application before the judge.
Adjourned hearing.
Adjourned hearing.
Decision Date

7. Legal Issues

  1. Disclosure of Documents
    • Outcome: The court provided directions on how to provide electronic copies of documents and enumerate emails in lists of documents.
    • Category: Procedural
    • Sub-Issues:
      • Providing electronic copies of electronically stored documents
      • Enumeration of e-mails in lists of documents
  2. Discovery of Documents
    • Outcome: The court addressed the practice of providing copies and deferring physical inspection, electronic discovery, specific discovery of copies in backup storage, specific discovery of earlier e-mails, and discovery of electronically stored documents and databases.
    • Category: Procedural
    • Sub-Issues:
      • Practice of providing copies and deferring physical inspection
      • Electronic discovery
      • Specific discovery of copies in backup storage
      • Specific discovery of earlier e-mails contained in e-mail messages discovery of which has been given
      • Discovery of electronically stored documents and databases
  3. Inspection of Electronically Stored Documents
    • Outcome: The court ruled that the party producing electronically stored documents has to provide reasonable means and assistance for inspection.
    • Category: Procedural
    • Sub-Issues:
      • Providing reasonable technical means and assistance
  4. Admissibility of Computer Output
    • Outcome: The court held that compliance with section 35 of the Evidence Act is an evidential matter that should rightfully be addressed at trial.
    • Category: Evidence

8. Remedies Sought

  1. Unspecified remedies related to wrongful termination

9. Cause of Actions

  • Wrongful Termination of Employment

10. Practice Areas

  • Litigation
  • Electronic Discovery

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
PSA Corp Ltd v Korea Exchange BankHigh CourtYes[2002] 3 SLR 37SingaporeCited as an example where e-mail messages were part of the correspondence discovered.
Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Another SuitHigh CourtYes[2003] 3 SLR 685SingaporeCited as an example where internal e-mail messages were treated as discoverable.
K Solutions Pte Ltd v National University of SingaporeHigh CourtYes[2009] SGHC 143SingaporeCited for the observation that email is treated as documents and discovery obligations extend to disclosure of relevant email.
Alliance Management SA v Pendleton Lane P and Another and Another SuitHigh CourtYes[2007] 4 SLR 343SingaporeCited for the principle that material on a computer database constitutes a document within Order 24 and the distinction between ordering discovery of information in a database and ordering production of the database for inspection.
Derby & Co Ltd v Weldon (No 9)N/AYes[1991] 1 WLR 652N/ACited for the conclusion that material on a computer database constituted a “document” within O 24.
Megastar Entertainment Pte Ltd v Odex Pte LtdN/AYes[2005] 3 SLR 91SingaporeReviewed the definition of “document” in the Evidence Act and other statutes and, inter alia, concluded that as with the other statutes considered in that case, the Evidence Act definition of the word “document” was broad enough to encompass information recorded in an electronic medium or recording device such as a hard disk drive installed in a desktop or server computer.
UMCI Ltd v Tokio Marine & Fire Insurance Co (Singapore) Pte Ltd and OthersHigh CourtYes[2006] 4 SLR 95SingaporeInspection is not limited to ocular examination and equipment may be used to inspect documents
Grant and Another v Southwestern and County Properties Ltd and AnotherN/AYes[1975] 1 Ch 185N/AWhere a document cannot be meaningfully examined by ocular examination, the party giving discovery has an obligation to provide the technical means necessary in order to give effect to the inspecting party’s right of inspection.
Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another and Other AppealsCourt of AppealYes[2006] 3 SLR 769SingaporeThe Defendant would then have to prove the e-mail messages, the authenticity of which have been challenged, in the usual way – by calling the appropriate witnesses for the trial
Lim Mong Hong v Public ProsecutorHigh CourtYes[2003] 3 SLR 88SingaporeSection 35 of the Evidence Act applies to all forms of computer output evidence, both real evidence and hearsay evidence.
Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & OrsN/AYes[2008] EWHC 2522 (Ch)N/AHighlighted the potential pitfalls where parties fail to meet for discussion

13. Applicable Rules

Rule Name
Order 24
Order 27, rule 4
Order 25, rule 8

14. Applicable Statutes

Statute NameJurisdiction
Evidence ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Electronic discovery
  • Electronically stored documents
  • E-mail messages
  • E-mail mailboxes
  • Inspection
  • List of documents
  • Metadata
  • PST files
  • PDF format
  • Authentication

15.2 Keywords

  • Electronic discovery
  • e-mails
  • inspection
  • civil procedure
  • Singapore High Court

17. Areas of Law

Area NameRelevance Score
Civil Practice90
Evidence70
Employment Law30

16. Subjects

  • Civil Procedure
  • Discovery
  • Electronic Evidence