Deutsche Bank v Chang Tse Wen: Electronic Discovery Protocol Dispute in Loan Recovery
In Deutsche Bank AG v Chang Tse Wen, the High Court of Singapore addressed a dispute over the adoption of an electronic discovery protocol in a loan recovery suit. Deutsche Bank sued Chang Tse Wen for approximately USD 1.8 million, while Chang counterclaimed for misrepresentation and breaches of fiduciary duties. The court granted Chang's application for an electronic discovery protocol, ordering both parties to comply with a modified version to facilitate the discovery process, with Deutsche Bank providing electronic documents in their native format.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application granted with modifications; parties ordered to comply with a modified electronic discovery protocol for general discovery.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Deutsche Bank's loan recovery suit against Chang Tse Wen faces a dispute over adopting an electronic discovery protocol. The court orders compliance with a modified protocol.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Deutsche Bank AG | Plaintiff, Defendant | Corporation | Application granted with modifications | Partial | Tan Xeauwei, Ramesh Kumar |
| Chang Tse Wen | Defendant, Plaintiff | Individual | Application granted with modifications | Won | K Muralidharan Pillai, Julian Soong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yeong Zee Kin | SAR Counsel | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Xeauwei | Allen & Gledhill LLP |
| Ramesh Kumar | Allen & Gledhill LLP |
| K Muralidharan Pillai | Rajah & Tann LLP |
| Julian Soong | Rajah & Tann LLP |
4. Facts
- Deutsche Bank sued Chang Tse Wen for USD 1.8 million under a loan facility.
- Chang Tse Wen counterclaimed for misrepresentation and breaches of fiduciary duties.
- The Defendant applied for an order that parties comply with an electronic discovery protocol.
- The Plaintiff objected to the adoption of an electronic discovery protocol.
- The majority of discoverable documents are emails residing with the Plaintiff.
- The Plaintiff's key employees involved in the matter reside in Hong Kong.
- The Defendant is a Taiwanese resident.
5. Formal Citations
- Deutsche Bank AG v Chang Tse Wen and others, Suit No 731 of 2009, [2010] SGHC 125
6. Timeline
| Date | Event |
|---|---|
| Plaintiff commenced action by writ | |
| Defendant filed defence and counterclaim | |
| Plaintiff’s reply and defence to counterclaim was filed | |
| Pre-trial conference held | |
| Telephone discussions between counsel | |
| Telephone discussions between counsel | |
| Pre-trial conference held | |
| Defendant sent letter to Plaintiff with proposed electronic discovery protocol | |
| Plaintiff directed to reply to Defendant's letter | |
| Defendant directed to write in to request for a PTC | |
| Pre-trial conference held | |
| Pre-trial conference held | |
| Pre-trial conference held | |
| Judgment reserved |
7. Legal Issues
- Electronic Discovery
- Outcome: The court ordered the parties to comply with a modified electronic discovery protocol for general discovery.
- Category: Procedural
- Sub-Issues:
- Scope of electronic discovery
- Compliance with electronic discovery protocol
- Production of electronic documents in native format
- Related Cases:
- [2007] 4 SLR(R) 343
- [2009] SGHC 194
- Breach of Fiduciary Duty
- Outcome: The court did not make a ruling on the breach of fiduciary duty claim itself, but the existence of the claim influenced the decision to order electronic discovery.
- Category: Substantive
- Misrepresentation
- Outcome: The court did not make a ruling on the misrepresentation claim itself, but the existence of the claim influenced the decision to order electronic discovery.
- Category: Substantive
8. Remedies Sought
- Recovery of outstanding sums under loan facility
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Misrepresentation
- Breach of Fiduciary Duty
- Breach of Duty of Care
- Breach of Warranty of Authority
10. Practice Areas
- Commercial Litigation
- Banking Litigation
11. Industries
- Banking
- Finance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Alliance Management SA v Pendleton Lane P and another and another suit | High Court | Yes | [2007] 4 SLR(R) 343 | Singapore | Cited as authority for the court's power to order discovery of electronic documents and compliance with a protocol. |
| Fermin Aldabe v Standard Chartered Bank | High Court | Yes | [2009] SGHC 194 | Singapore | Cited as authority for the court's power to order discovery of electronic documents and compliance with a protocol. |
| Alliance Management SA v Pendleton Lane P and another and another suit | High Court | Yes | [2008] 4 SLR(R) 1 | Singapore | Cited for the principle that inspection involves examination of the originals, including the hard disk where electronic documents are stored. |
| Joseph Mathew and another v Singh Chiranjeev and another | High Court | Yes | [2010] SLR 338 | Singapore | Cited as an example where a contract to grant an option to purchase land was made over e-mails. |
| SM Integrated Transware Pte Ltd v Schenker Singapore (Pte) Ltd | High Court | Yes | [2005] 2 SLR(R) 651 | Singapore | Cited as an example where a lease over warehousing space was concluded over e-mails. |
| Goodale & Ors v The Ministry of Justice & Ors | High Court of Justice, Queen's Bench Division | Yes | [2009] EWHC B41 (QB) | England and Wales | Cited for the principle of discovery in stages, starting with the most important people at the top of the pyramid. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Electronic discovery protocol
- General discovery
- Electronically stored documents
- Native format
- Metadata
- Lotus Notes
- Good faith collaboration
15.2 Keywords
- Electronic discovery
- Discovery protocol
- Loan recovery
- Singapore High Court
- Deutsche Bank
- Chang Tse Wen
16. Subjects
- Civil Procedure
- Electronic Discovery
- Banking
- Loans
17. Areas of Law
- Civil Procedure
- Electronic Discovery
- Banking Law