Mondial Assistance v Morazin: Electronic Discovery & Breach of Contract
Mondial Assistance (Asia) Pte Ltd sued Eric Jean Raymond Morazin in the High Court of Singapore, alleging breach of contract and fiduciary duties. Mondial sought electronic discovery of Morazin's personal devices and email accounts. The Assistant Registrar granted the application in part. Choo Han Teck J allowed the appeal in part, ordering discovery of Morazin's Gmail account and some additional search terms, while adjusting the relevant time period for the keyword searches. Costs were reserved to the trial judge.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Registrar's Appeal No 140 of 2015 is allowed in part, in regard to the relevant time period of the keyword searches, and Registrar's Appeal No 139 of 2015 is allowed in part, to allow for some of the search terms contained in Annex A to be used, and an order for electronic discovery of the defendant’s Gmail account is made.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mondial Assistance sues Eric Morazin for breach of contract and fiduciary duties. The court allows electronic discovery of Morazin's devices.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Mondial Assistance (Asia) Pte Ltd | Plaintiff, Appellant | Corporation | Appeal allowed in part | Partial | |
| Eric Jean Raymond Morazin | Defendant, Appellant | Individual | Appeal allowed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
4. Facts
- The plaintiff is in the assistance insurance business.
- The defendant was the plaintiff's Chief Sales Officer for the Asia-Pacific region.
- The defendant was a director of the plaintiff from 1 November 2013 till on or about 30 June 2014.
- The defendant is now working for AXA Travel Insurance, a competitor of the plaintiff.
- The plaintiff alleges the defendant collaborated with AXA while still employed by the plaintiff.
- The plaintiff alleges the defendant misappropriated confidential information.
- The plaintiff alleges the defendant breached post-employment restrictive covenants.
5. Formal Citations
- Mondial Assistance (Asia) Pte Ltd v Eric Jean Raymond Morazin, , [2015] SGHC 160
- Mondial Assistance (Asia) Pte Ltd v Eric Jean Raymond Morazin, 814 of 2014, Suit No 814 of 2014
- Mondial Assistance (Asia) Pte Ltd v Eric Jean Raymond Morazin, 139 and 140 of 2015, Registrar's Appeal Nos 139 and 140 of 2015
6. Timeline
| Date | Event |
|---|---|
| Defendant employed by the plaintiff as Chief Sales Officer | |
| Defendant allegedly started collaborating with AXA and ATI | |
| Defendant became a director of the plaintiff | |
| Defendant allegedly collaborated with AXA Assistance and/or ATI | |
| Defendant left the employ of the plaintiff | |
| Approximate date on which the Restraint Period lapsed | |
| Plaintiff's letter to the defendant's solicitors regarding revised keywords | |
| Parties appeared before the Assistant Registrar in respect of HC/SUM 68/2015 | |
| Plaintiff's Notice of Appeal | |
| Plaintiff filed an affidavit exhibiting an e-invitation received by the defendant at his Gmail account | |
| Defendant filed an affidavit in reply | |
| Judgment reserved |
7. Legal Issues
- Electronic Discovery
- Outcome: The court allowed electronic discovery of the defendant's Gmail account and some additional search terms, while adjusting the relevant time period for the keyword searches.
- Category: Procedural
- Sub-Issues:
- Relevance of documents
- Necessity of disclosure
- Appropriateness of keyword searches
- Scope of discovery
- Related Cases:
- [2007] EWCA Civ 741
- [2013] 3 SLR 758
- Breach of Contract
- Outcome: The court did not make a final determination on the breach of contract claim, but the electronic discovery was ordered to assist in determining the merits of the claim.
- Category: Substantive
- Sub-Issues:
- Breach of employment contract
- Breach of fiduciary duties
- Misappropriation of confidential information
- Breach of post-employment restrictive covenants
8. Remedies Sought
- Electronic discovery of documents
- Return of USB file storage devices
9. Cause of Actions
- Breach of Contract
- Breach of Fiduciary Duty
- Misappropriation of Confidential Information
10. Practice Areas
- Commercial Litigation
- Electronic Discovery
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nichia Corporation v Argos Ltd | England and Wales Court of Appeal (Civil Division) | Yes | [2007] EWCA Civ 741 | England and Wales | Affirmed in Global Yellow Pages Ltd v Promedia Directories Pte Ltd [2013] 3 SLR 758. Cited regarding the need to avoid turning over every stone in the pursuit of perfect justice. |
| Global Yellow Pages Ltd v Promedia Directories Pte Ltd | High Court | Yes | [2013] 3 SLR 758 | Singapore | Cited regarding the traditional tests of relevance and necessity that must be followed in the electronic discovery procedure. |
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
- Dropbox
- USB file storage devices
- Gmail account
- AXA Travel Insurance
- Allianz Global Assistance
- Restrictive covenants
- Confidential information
15.2 Keywords
- Electronic discovery
- Breach of contract
- Fiduciary duty
- Confidential information
- Employment
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Electronic Discovery | 80 |
| Contract Law | 70 |
| Breach of Confidence | 70 |
| Fiduciary Duties | 60 |
| Civil Procedure | 50 |
| Evidence | 40 |
| Commercial Disputes | 40 |
| Company Law | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Employment Law
- Electronic Discovery