Invenpro v JCS Automation: E-Discovery Dispute over Confidential Information and Batch Scrubber Machines
In Invenpro (M) Sdn Bhd v JCS Automation Pte Ltd, the High Court of Singapore addressed an application by Invenpro for electronic discovery (e-discovery) against JCS Automation Pte Ltd and JCS-Echigo Pte Ltd. Invenpro, a Malaysian company, alleged that the Defendants, Singaporean companies, used confidential information obtained from Western Digital Corporation to manufacture batch scrubber machines. The court, led by Assistant Registrar Kevin Tan Eu Shan, dismissed Invenpro's application, holding that e-discovery should not be used as an enforcement mechanism for existing discovery orders. The court emphasized that e-discovery is intended to provide an efficient and cost-effective method of conducting discovery, not to ensure compliance with previous orders.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiff's application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Invenpro sues JCS Automation for using confidential information to manufacture batch scrubber machines. The court denies Invenpro's application for e-discovery.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Invenpro (M) Sdn Bhd | Plaintiff | Corporation | Application dismissed | Lost | Low Wei Ling, Kelly Chan |
| JCS Automation Pte Ltd | Defendant | Corporation | Application dismissed | Won | Low Chai Chong, Alvin Lim, Sandeep Menon, Vernon Chua |
| JCS-Echigo Pte Ltd | Defendant | Corporation | Application dismissed | Won | Low Chai Chong, Alvin Lim, Sandeep Menon, Vernon Chua |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kevin Tan Eu Shan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Wei Ling | Rajah & Tann LLP |
| Kelly Chan | Rajah & Tann LLP |
| Low Chai Chong | Rodyk & Davidson LLP |
| Alvin Lim | Rodyk & Davidson LLP |
| Sandeep Menon | Rodyk & Davidson LLP |
| Vernon Chua | Rodyk & Davidson LLP |
4. Facts
- Plaintiff applied for e-discovery to enforce previous discovery orders.
- Plaintiff alleged Defendants used confidential information to manufacture batch scrubber machines.
- Defendants claimed they did not receive or use the confidential information.
- Plaintiff sought e-discovery of Development and Operating documents.
- Plaintiff believed the documents disclosed by Defendants were insufficient.
- The court found that the Plaintiff was using e-discovery as a 'final sweep' of evidence.
5. Formal Citations
- Invenpro (M) Sdn Bhd v JCS Automation Pte Ltd and another, Suit No 525 of 2009 (Summons No 5379 of 2012), [2012] SGHCR 19
6. Timeline
| Date | Event |
|---|---|
| Plaintiff entered into a Non-Disclosure Agreement with Komag USA (M) Sdn Bhd. | |
| Defendants allegedly obtained confidential information from WDC. | |
| Plaintiff obtained discovery orders from an Assistant Registrar. | |
| Plaintiff obtained discovery orders from a Judge. | |
| Defendant filed their supplementary list of documents. | |
| Plaintiff filed application for e-discovery. | |
| Judgment reserved. |
7. Legal Issues
- E-Discovery as Enforcement Mechanism
- Outcome: The court held that e-discovery should not be used purely as an enforcement mechanism for existing discovery orders.
- Category: Procedural
- Compliance with Discovery Orders
- Outcome: The court found that the affidavit filed by the Defendants stating that all relevant documents had been disclosed was sufficient at this stage.
- Category: Procedural
8. Remedies Sought
- Electronic Discovery
9. Cause of Actions
- Breach of Confidence
10. Practice Areas
- Commercial Litigation
11. Industries
- Manufacturing
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sanae Achar v Sci-Gen Ltd | High Court | Yes | [2011] 3 SLR 967 | Singapore | Cited for the principle that e-discovery provides an efficient and cost-effective method of conducting discovery. |
| Breezeway Overseas Ltd v UBS AG | High Court | Yes | [2012] SGHC 41 | Singapore | Cited for the principle that the extent of a discovery order must be proportionate to the amounts at stake and the significance of the issues in dispute. |
| Berkeley Administration v McClelland | N/A | Yes | [1990] FSR 381 | N/A | Cited for the principle that further discovery will not be allowed if the process is used merely to find out whether there has been full compliance with the rules. |
| Digicel (St Lucia) Limited and ors v Cable & Wireless plc and ors | High Court of Justice | Yes | [2008] EWHC 2522 (Ch) | England and Wales | Cited and distinguished as it does not deal with the question of enforcement of a discovery order that has already been made. |
| Nichia Corporation v Argos Limited | Court of Appeal | Yes | [2007] EWCA Civ 741 | England and Wales | Cited for the principle that standard disclosure requires a 'reasonable search' for relevant documents, not leaving no stone unturned. |
| Breezeway Overseas Ltd and another v UBS AG and others | High Court | Yes | [2012] SGHC 170 | Singapore | Cited for the principle that the e-discovery PD does not set out to change the law on discovery. |
| Deutsche Bank AG v Chang Tse Wen and others | High Court | Yes | [2010] SGHC 125 | Singapore | Cited for the principle that the e-discovery PD does not set out to change the law on discovery. |
| Lee Chang-Rung and others v Standard Chartered Bank | High Court | Yes | [2011] 1 SLR 337 | Singapore | Cited as an example of recourse available to a party who believes that its opponent has not complied with discovery obligations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 224, R 5, 2006 Rev Ed) O 24 r 16(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- E-discovery
- Discovery Orders
- Confidential Information
- Batch Scrubber Machines
- Development Documents
- Operating Documents
- Proportionality
- Reasonable Search
15.2 Keywords
- e-discovery
- discovery
- confidential information
- batch scrubber
- singapore
- civil procedure
16. Subjects
- Civil Procedure
- Discovery
- Electronic Discovery
- Intellectual Property
17. Areas of Law
- Civil Procedure
- Discovery
- Electronic Discovery