Brightex Paints v. Tan Ongg Seng: Contempt of Court for Failure to Comply with Delivery Up and Disclosure Orders

Brightex Paints (S) Pte Ltd sued Tan Ongg Seng, B.H.I International Ltd, and Khin Myo Tint in the High Court of Singapore for unauthorized use and dissemination of confidential information. Tan Ongg Seng, a former employee, was found to have failed to comply with court orders to deliver up and disclose confidential information. The court found Tan Ongg Seng guilty of contempt of court and sentenced him to 14 days' imprisonment.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Guilty of contempt of court; sentenced to 14 days' imprisonment.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Brightex Paints sought a committal order against Tan Ongg Seng for contempt of court due to non-compliance with delivery up and disclosure orders. The court found Tan Ongg Seng guilty and sentenced him to 14 days' imprisonment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Brightex Paints (S) Pte LtdPlaintiffCorporationJudgment for PlaintiffWon
Tan Ongg SengDefendantIndividualGuilty of contempt of courtLost
B.H.I International LtdDefendantCorporationNeutral
Khin Myo TintDefendantIndividualNeutral

3. Judges

Judge NameTitleDelivered Judgment
Dedar Singh GillJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Aaron Lee Teck ChyeAllen & Gledhill LLP
Leong Yi-MingAllen & Gledhill LLP
Marc Wenjie MaloneAllen & Gledhill LLP
Jeeva Arul JoethyRegent Law LLC

4. Facts

  1. The plaintiff is a Singapore incorporated company that manufactures and supplies paints and chemical solvents.
  2. The first defendant is a former employee of the plaintiff and the younger brother of its managing director.
  3. The first defendant was appointed as the plaintiff’s Myanmar production manager.
  4. The first defendant gained access to confidential and business-sensitive information during his employment.
  5. The first defendant linked his personal Dropbox account to his work computer and synced confidential work documents.
  6. The first defendant copied a large amount of data from the plaintiff’s shared network drive to his personal computer.
  7. The first defendant failed to comply with the delivery up and disclosure orders issued by the court.

5. Formal Citations

  1. Brightex Paints (S) Pte Ltd v Tan Ongg Seng (in his personal capacity and trading as Starlit(S) Trading) and others, Suit No 1187 of 2016 (Summons No 4922 of 2018), [2019] SGHC 116

6. Timeline

DateEvent
First defendant tendered his resignation.
Plaintiff and third defendant agreed to end business arrangements.
Forensic report produced documenting key findings.
First hearing of SUM 4922/2018.
First defendant filed his Defence (Amendment No 1).
First defendant was adjudged a bankrupt.
Plaintiff obtained leave to continue proceedings against the first defendant.
First defendant filed a notice to discontinue or withdraw his Defence.
Judgment was granted pursuant to O 19 r 7 of the Rules of Court.
The Judgment was extracted and served on the first defendant.
Plaintiff applied for leave to commence committal proceedings against the first defendant.
Court granted leave to the plaintiff.
Plaintiff applied for an order of committal in SUM 4922/2018.
Parties came before the court again.
Court directed the first defendant to file an affidavit stating his position.
The OA granted sanction for the first defendant to defend the committal proceedings.
Committal hearing was held.
First defendant's imprisonment to commence.

7. Legal Issues

  1. Contempt of Court
    • Outcome: The court found the first defendant guilty of contempt of court for failing to comply with the delivery up and disclosure orders.
    • Category: Substantive
    • Sub-Issues:
      • Failure to comply with delivery up order
      • Failure to comply with disclosure order
      • Wilful disobedience of court order
  2. Breach of Injunction
    • Outcome: The court found that the first defendant had breached the injunction by failing to deliver up and disclose confidential information.
    • Category: Substantive
    • Sub-Issues:
      • Unauthorized use of confidential information
      • Unauthorized disclosure of confidential information

8. Remedies Sought

  1. Injunction
  2. Delivery Up of Confidential Information
  3. Disclosure of Unauthorized Usage
  4. Order of Committal

9. Cause of Actions

  • Breach of Contract
  • Misuse of Confidential Information
  • Contempt of Court

10. Practice Areas

  • Commercial Litigation
  • Intellectual Property
  • Civil Contempt

11. Industries

  • Manufacturing
  • Paints
  • Chemicals

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Mok Kah Hong v Zheng Zhuan YeoCourt of AppealYes[2016] 3 SLR 1SingaporeCited for the principle that the contemnor's conduct must be intentional and that he knew of all the facts which made such conduct a breach of the order.
Monex Group (Singapore) Pte Ltd v E-Clearing (Singapore) Pte LtdHigh CourtYes[2012] 4 SLR 1169SingaporeCited for the principle that the order must be wilfully or deliberately disobeyed in order to constitute contempt of court.
Young v ThomasCourt of AppealYes[1892] 2 Ch 134England and WalesCited for the principle that where judgment is granted under O 19 r 7 of the ROC, the facts in the statement of claim are taken to be admitted by the defendant.
Zulkifli Baharudin v Koh Lam SonHigh CourtYes[1999] 2 SLR(R) 369SingaporeCited for the principle that a defendant who has not served a defence cannot be in a better position than if he had served a defence and had not specifically traversed all allegations of fact.
OCM Opportunities Fund II, LP and others v Burhan Uray (alias Wong Ming Kiong) and othersHigh CourtYes[2005] 3 SLR(R) 60SingaporeCited for the principle that if a party intended to oppose the substance of the Orders, the appropriate legal process would have been for him to apply for them to be discharged, set aside or stayed.
Crystal Mews Ltd v MetterickHigh Court of JusticeYes[2006] EWHC 3087 (Ch)England and WalesCited for the factors a court should consider in arriving at the appropriate sentence for civil contempt by disobedience.
Tay Kar Oon v TahirCourt of AppealYes[2017] 2 SLR 342SingaporeCited for the principle that the primary sentencing principle for one-off breaches is that of punishment.
Lee Shieh-Peen Clement v Ho Chin NguangHigh CourtYes[2010] 4 SLR 801SingaporeCited for the principle that committal to prison is normally a measure of last resort.
In re Barrell EnterprisesCourt of AppealYes[1973] 1 WLR 19England and WalesCited for the principle that in weighing the seriousness of the act of disobedience, it is right to take into account the value of the papers withheld.
Precious Wishes Ltd v Sinoble Mettaloy International (Pte) LtdHigh CourtYes[2000] SGHC 5SingaporeCited for the principle that the contemnor's deliberate disregard for a Mareva injunction is a significant consideration in determining the seriousness of his contempt.
Global Distressed Alpha Fund I Ltd Partnership v PT Bakrie InvestindoHigh CourtYes[2013] SGHC 105SingaporeCited for the principle that recalcitrance in breaching examination of judgment debtor orders is an aggravating factor.
Tay Yun Chwan Henry v Chan Siew Lee JannieHigh CourtYes[2018] SGHC 181SingaporeCited for the principle that repeated breaches of a consent judgment and a lack of remorse are factors that warrant a custodial sentence.
PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd and othersCourt of AppealYes[2018] 4 SLR 828SingaporeCited for the principle that a failure to show genuine remorse or take real and substantial steps to address breaches is a factor that warrants a custodial sentence.
Lim Meng Chai v Heng Chok Keng and AnotherHigh CourtYes[2001] SGHC 33SingaporeCited for the principle that there are serious consequences for lawyers who flout judicial authority.

13. Applicable Rules

Rule Name
O 19 r 7 of the Rules of Court
O 18 r 13(1) of the Rules of Court
ROC O 52 r 2(2)

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Administration of Justice (Protection) Act 2016 (No 19 of 2016)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Confidential Information
  • Delivery Up Order
  • Disclosure Order
  • Contempt of Court
  • Dropbox
  • Forensic Examination
  • Injunction
  • Committal Proceedings

15.2 Keywords

  • Contempt
  • Injunction
  • Confidential Information
  • Delivery Up
  • Disclosure
  • Brightex Paints
  • Tan Ongg Seng

17. Areas of Law

Area NameRelevance Score
Civil Contempt90
Contempt of Court90
Breach of Confidence60
Company Law30
Contract Law20
Bankruptcy20
Fraud and Deceit10
Misrepresentation10
Liquidation10

16. Subjects

  • Contempt of Court
  • Civil Procedure
  • Intellectual Property
  • Injunctions