Prudential Assurance v Tan Shou Yi Peter: Interrogatories & Authenticity of Audio Recordings
In Prudential Assurance Co Singapore Pte Ltd v Tan Shou Yi Peter, the High Court of Singapore addressed an application to withdraw interrogatories in a civil suit concerning alleged breaches of contractual non-solicitation obligations and fiduciary duties. Prudential Assurance claimed that Tan Shou Yi Peter, a former senior financial services manager, solicited agents to join a competitor. The court allowed some interrogatories related to the authenticity of audio recordings but disallowed others, finding some were unnecessary for fair disposal of the matter or saving costs. The court ordered the withdrawal of the Secondary Queries and the Final Interrogatory, but declined to order the withdrawal of the Primary Queries.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
The court ordered the withdrawal of the Secondary Queries and the Final Interrogatory, but declined to order the withdrawal of the Primary Queries.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on withdrawing interrogatories concerning the authenticity of audio recordings in a breach of contract and fiduciary duty claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Prudential Assurance Co Singapore Pte Ltd | Plaintiff, Respondent | Corporation | Application allowed in part | Partial | |
| Tan Shou Yi Peter | Defendant, Applicant | Individual | Application dismissed in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Prudential Assurance sued Tan Shou Yi Peter for breaching non-solicitation obligations and fiduciary duties.
- Tan Shou Yi Peter allegedly solicited over 230 agents to leave Prudential and join Aviva Financial Advisers Pte Ltd.
- The alleged solicitation involved representations made by Tan Shou Yi Peter in May and June 2016.
- Audio recordings allegedly captured aspects of the solicitation.
- Tan Shou Yi Peter disputed the authenticity of the audio recordings.
- Prudential served 18 interrogatories on Tan Shou Yi Peter, 17 of which concerned the audio recordings.
5. Formal Citations
- Prudential Assurance Co Singapore Pte Ltd v Tan Shou Yi Peter, , [2018] SGHCR 4
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 772 of 2016) | |
| Acts of Solicitation occurred | |
| Acts of Solicitation occurred | |
| Defence and Counterclaim (Amendment No. 2) dated | |
| Plaintiff disclosed list of documents | |
| Plaintiff served interrogatories on Defendant | |
| Defendant filed application to withdraw interrogatories | |
| Plaintiff filed reply affidavit | |
| Defendant filed reply affidavit | |
| Plaintiff received complete transcripts of Audio Recordings | |
| Plaintiff filed application to seek leave for filing a further affidavit | |
| Court heard Transcripts Application and granted leave | |
| Court heard the Application | |
| Court heard further submissions | |
| Defendant’s counsel sent a letter to the court | |
| Plaintiff’s counsel responded | |
| Judgment reserved |
7. Legal Issues
- Withdrawal of Interrogatories
- Outcome: The court ordered the withdrawal of the Secondary Queries and the Final Interrogatory, but declined to order the withdrawal of the Primary Queries.
- Category: Procedural
- Sub-Issues:
- Necessity for fair disposal of matter
- Saving of costs
- Authenticity of documentary evidence
- Authenticity of Audio Recordings
- Outcome: The court found that the fact that authenticity has been disputed is not of itself a bar to interrogatories concerning that document, particularly where the interrogatories are aimed precisely at narrowing the issues in relation to the authenticity challenge.
- Category: Substantive
8. Remedies Sought
- Damages
9. Cause of Actions
- Breach of Contract
- Breach of Fiduciary Duty
10. Practice Areas
- Commercial Litigation
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Oversea-Chinese Banking Corp Ltd v Wright & Ors | High Court | Yes | [1989] 1 SLR(R) 551 | Singapore | Cited for principles on allowing interrogatories. |
| Wright Norman and another v Oversea-Chinese Banking Corp Ltd and another appeal | Court of Appeal | Yes | [1992] 2 SLR(R) 452 | Singapore | Cited for principles on allowing interrogatories. |
| Trek Technology (S) Pte Ltd v Ritronics Components (S) Pte Ltd | N/A | Yes | [2007] 1 SLR(R) 846 | Singapore | Cited for principles on allowing interrogatories. |
| Bayerische Hypo-und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte Ltd | N/A | Yes | [2004] 4 SLR(R) 39 | Singapore | Cited regarding relevance of material in the context of pre-action discovery. |
| Jet Holding Ltd v Cooper Cameron (Singapore) Pte Ltd | Court of Appeal | Yes | [2006] 3 SLR(R) 769 | Singapore | Cited in obiter that issues relating to the tampering or manipulation of documentary evidence go to the weight of the evidence in question, rather than its admissibility. |
| Swain v Hest Australia Ltd v Anor | Supreme Court of Tasmania | Yes | [2003] TASSC 104 | Australia | Cited for the proposition that interrogatories can be issued in relation to authenticity in the event that authenticity is disputed. |
| Foo Ko Hing v Foo Chee Heng | High Court | Yes | [2002] 1 SLR(R) 664 | Singapore | Cited for allowing the administration of interrogatories on a non-party witness notwithstanding that he would be giving oral testimony at trial. |
| Marriott v Chamberlain | N/A | Yes | (1886) 17 QBD 154 | N/A | Cited for principles on permissible use of interrogatories, specifically regarding seeking identities of witnesses and mere evidence. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, Rev Ed 2014) | Singapore |
| O 26 r 3(2) of the Rules of Court | Singapore |
| O 26 rr 1(1) and 3 of the Rules of Court | Singapore |
| Evidence Act (Cap 97, Rev Ed 1997) | Singapore |
| O 40A r 3 of the Rules of Court | Singapore |
| O 26 r 1(1) of the Rules of Court | Singapore |
| O 26A r 1 of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interrogatories
- Authenticity Challenge
- Audio Recordings
- Non-Solicitation
- Fiduciary Duty
- Peter Tan Organisation
- Acts of Solicitation
15.2 Keywords
- Interrogatories
- Audio Recordings
- Civil Procedure
- Singapore
- Breach of Contract
- Fiduciary Duty
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Interrogatories | 90 |
| Civil Procedure | 80 |
| Civil Practice | 75 |
| Evidence Law | 60 |
| Fiduciary Duties | 40 |
| Contract Law | 30 |
16. Subjects
- Civil Procedure
- Contract Law
- Insurance Law