Absolute Kinetics Consultancy v Seah Yong Wah: Non-Party Discovery & Inherent Powers
In the High Court of Singapore, Absolute Kinetics Consultancy Pte Ltd (Plaintiff) sued Seah Yong Wah (Defendant) for $870,594.94 related to unpaid Singtel Easy Mobile Top Up Credits. The Plaintiff applied for non-party discovery against Singapore Telecommunications Limited (Singtel) to identify the registered owners of certain mobile numbers. The court, Jonathan Ng Pang Ern AR, granted the application based on the court's inherent powers, ordering Singtel to provide the requested information, subject to safeguards to protect the confidentiality of Singtel's subscribers.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Application granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court granted Absolute Kinetics' application for non-party discovery against Singtel, relying on the court's inherent powers to prevent injustice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ABSOLUTE KINETICS CONSULTANCY PTE LTD | Plaintiff | Corporation | Application granted | Won | |
| SEAH YONG WAH | Defendant | Individual | Other | Neutral | |
| SINGAPORE TELECOMMUNICATIONS LIMITED | Non-Party | Corporation | Other | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Jonathan Ng Pang Ern | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Absolute Kinetics Consultancy sued Seah Yong Wah for $870,594.94 for unpaid Singtel Easy Mobile Top Up Credits.
- Absolute Kinetics Consultancy claimed Seah Yong Wah fraudulently appointed three entities as retailers of Credits.
- Absolute Kinetics Consultancy alleged Seah Yong Wah forged signatures to get Absolute Kinetics Consultancy to sell and deliver Credits.
- Absolute Kinetics Consultancy claimed the mobile numbers were registered to Seah Yong Wah or an entity controlled by him.
- Absolute Kinetics Consultancy applied for non-party discovery against Singtel to identify registered owners of mobile numbers.
- Singtel raised concerns about statutory duties of confidentiality to its subscribers.
- The plaintiff sought the name of the registered subscriber and the NRIC number or other form of identification number of the said subscriber (if any), in respect of each of the eight mobile telephone numbers within the specified Relevant Period of Dates set out in Schedule 1.
5. Formal Citations
- Absolute Kinetics Consultancy Pte Ltd v Seah Yong Wah, Suit No 1149 of 2017 (Summons No 3742 of 2018), [2019] SGHCR 02
6. Timeline
| Date | Event |
|---|---|
| Lawsuit filed | |
| SUM 3742 taken out against Singtel | |
| First Hearing | |
| Second Hearing | |
| Third Hearing | |
| Judgment issued |
7. Legal Issues
- Non-Party Discovery
- Outcome: The court granted the application for non-party discovery based on its inherent powers.
- Category: Procedural
- Inherent Powers of the Court
- Outcome: The court exercised its inherent powers to order discovery to prevent injustice.
- Category: Jurisdictional
- Confidentiality
- Outcome: The court held that the non-party's duties of confidentiality did not prevent the granting of the discovery order, subject to safeguards.
- Category: Substantive
8. Remedies Sought
- Discovery of documents
- Monetary damages
9. Cause of Actions
- Fraud
10. Practice Areas
- Litigation
11. Industries
- Telecommunications
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BBW v BBX and others | High Court | Yes | [2016] 5 SLR 755 | Singapore | Cited to distinguish between the court's inherent jurisdiction and inherent powers. |
| Re Nalpon Zero Geraldo Mario | Court of Appeal | Yes | [2013] 3 SLR 258 | Singapore | Cited for the clarification that the jurisdiction of a court and the powers of a court are two distinct and entirely different concepts. |
| Muhd Munir v Noor Hidah | N/A | Yes | [1990] 2 SLR(R) 348 | Singapore | Cited for the definition of jurisdiction of a court. |
| Wellmix Organics (International) Pte Ltd v Lau Yu Man | High Court | Yes | [2006] 2 SLR(R) 117 | Singapore | Cited for the recognition of the Court’s inherent powers in O 92 r 4 of the ROC. |
| Roberto Building Material Pte Ltd and others v Oversea-Chinese Banking Corp Ltd and another | N/A | Yes | [2003] 2 SLR(R) 353 | Singapore | Cited for the principle that the Court’s inherent jurisdiction should only be invoked in exceptional circumstances. |
| Wee Soon Kim Anthony v Law Society of Singapore | N/A | Yes | [2001] 2 SLR(R) 821 | Singapore | Cited for the principle that how the Court’s inherent jurisdiction should be exercised should not be circumscribed by rigid criteria or tests. |
| UMCI Ltd v Tokio Marine & Fire Insurance Co (Singapore) Pte Ltd and others | High Court | Yes | [2006] 4 SLR(R) 95 | Singapore | Cited for the Court’s inherent powers in the specific context of O 24 r 6 of an earlier edition of the ROC. |
| Haywood Management Ltd v Eagle Aero Technology Pte Ltd | High Court | Yes | [2014] 4 SLR 478 | Singapore | Cited for the principles relating to confidentiality clauses and pre-action disclosure. |
| Riddick v Thames Board Mills Ltd | English Court of Appeal | Yes | [1977] 1 QB 881 | England and Wales | Cited for the Riddick principle, which establishes an implied undertaking that a party who seeks discovery of documents gets it on condition that he will make use of them only for the purposes of that action, and no other purpose. |
13. Applicable Rules
| Rule Name |
|---|
| r 8(4) and (5) of the Legal Profession (Professional Conduct) Rules 2015 (S 706/2015) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| O 24 r 6(2) of the Rules of Court | Singapore |
| O 24 r 6(3)(b) of the Rules of Court | Singapore |
| O 24 r 7 of the Rules of Court | Singapore |
| O 92 r 4 of the Rules of Court | Singapore |
| O 24 r 6(5) of the Rules of Court | Singapore |
| O 24 r 6(6)(b) of the Rules of Court | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Non-party discovery
- Inherent powers
- Confidentiality
- Singtel Easy Mobile Top Up Credits
- Registered subscriber
- Mobile telephone numbers
15.2 Keywords
- discovery
- inherent powers
- confidentiality
- civil procedure
- singtel
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Discovery of documents | 90 |
| Inherent powers | 80 |
| Civil Practice | 75 |
| Evidence | 60 |
16. Subjects
- Civil Procedure
- Discovery
- Inherent Powers