CSR v CSS: Pre-Action Discovery for Fraudulent Misrepresentation and Conspiracy
In CSR v CSS, the Singapore High Court granted the applicant, CSR, pre-action discovery against the respondent, CSS, to determine if there was a viable cause of action for fraudulent misrepresentation and/or conspiracy by unlawful means. The court found that CSR had demonstrated sufficient grounds to warrant pre-action discovery, especially considering CSR was legally aided. The court also granted non-disclosure and sealing orders to protect CSR's potential claims.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Application allowed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court allows pre-action discovery to CSR against CSS to ascertain viable claims of fraudulent misrepresentation and conspiracy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CSR | Applicant | Corporation | Application allowed | Won | Istyana Putri Ibrahim of Legal Aid Bureau Kho Qin Yao of Legal Aid Bureau |
| CSS | Respondent | Corporation | Application dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Istyana Putri Ibrahim | Legal Aid Bureau |
| Kho Qin Yao | Legal Aid Bureau |
| Seah Yong Quan Terence | Virtus Law LLP |
| Chong Xiu Bing Denise | Virtus Law LLP |
4. Facts
- Applicant joined Respondent firm in August 2017 with subordinates.
- Applicant was demoted twice within 13 months.
- Applicant's appointment was terminated in May 2020.
- Applicant suspected foul play by individuals in Respondent's employ.
- Applicant filed a complaint with the Respondent.
- Respondent asked two individuals to resign after internal investigations.
- Applicant sought pre-action discovery of Investigation Materials.
5. Formal Citations
- CSR v CSS, , [2022] SGHC 105
6. Timeline
| Date | Event |
|---|---|
| Applicant joined Respondent firm. | |
| Applicant's appointment was terminated. | |
| Originating Summons No 1079 of 2021 filed. | |
| Hearing of the application. | |
| Judgment issued. |
7. Legal Issues
- Pre-action Discovery
- Outcome: The court allowed the application for pre-action discovery.
- Category: Procedural
- Related Cases:
- [2016] SGHC 74
- [2014] 4 SLR 478
- Tort of Deceit
- Outcome: The court found that the applicant needed pre-action discovery to determine if the elements of the tort of deceit could be established.
- Category: Substantive
- Related Cases:
- [2001] 2 SLR(R) 435
- Tort of Conspiracy
- Outcome: The court found that the applicant's claim for conspiracy was not wholly speculative and warranted pre-action discovery.
- Category: Substantive
- Non-Disclosure Order
- Outcome: The court granted the non-disclosure order to prevent potential defendants from undermining future claims.
- Category: Procedural
- Sealing Order
- Outcome: The court granted the sealing order to maintain confidentiality of information used in proceedings.
- Category: Procedural
8. Remedies Sought
- Disclosure of Investigation Materials
- Non-Disclosure Order
- Sealing Order
- Liberty to use information in further actions
9. Cause of Actions
- Tort of Deceit
- Tort of Conspiracy by Unlawful Means
10. Practice Areas
- Litigation
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Toyota Tsusho (Malaysia) Sdn Bhd v United Overseas Bank Ltd & another | High Court | Yes | [2016] SGHC 74 | Singapore | Cited for the principle that pre-action discovery is for an applicant who is unable to plead a case and requires discovery to ascertain the gaps in their case. |
| Haywood Management Ltd v Eagle Aero Technology Pte Ltd | High Court | Yes | [2014] 4 SLR 478 | Singapore | Cited for the principle that the court must consider the applicant’s intended cause of action to determine if the applicant has sufficient facts to plead its claim. |
| Lim Suk Ling Priscilla and another v Amber Compounding Pharmacy Pte Ltd and another and another appeal and another matter | Court of Appeal | Yes | [2020] 2 SLR 912 | Singapore | Cited for the principle that a party entitled to pre-action discovery has an implied undertaking to use the documents only for the conduct of the case, but can apply for leave to use them for other purposes. |
| Panatron Pte Ltd and another v Lee Cheow Lee and another | Court of Appeal | Yes | [2001] 2 SLR(R) 435 | Singapore | Cited for the elements that must be established for the tort of deceit. |
| Shaw v Vauxhall Motors Ltd | Not Available | Yes | [1974] 1 WLR 1035 | United Kingdom | Cited to illustrate the public interest in allowing pre-action discovery where the applicant is legally aided. |
| BBW v BBX and others | High Court | Yes | [2016] 5 SLR 755 | Singapore | Cited for the principle that the court has the inherent power to grant a sealing order. |
| Sembcorp Marine Ltd v Aurol Anthony Sabastian | High Court | Yes | [2013] 1 SLR 245 | Singapore | Cited for the principle that a sealing and non-disclosure order can have the same broad aim, to maintain the confidentiality of information used in proceedings. |
| Aurol Anthony Sabastian v Sembcorp Marine Ltd | Court of Appeal | Yes | [2013] 2 SLR 246 | Singapore | Cited for the principle that the court looks at the purpose for which an order was granted to determine the true effect of that order. |
13. Applicable Rules
| Rule Name |
|---|
| O 24 r 7 of the Rules of Court (Cap 322 R 5, 2014 Rev Ed) |
| O 92 r 4 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Aid and Advice Act (Cap 160, 2014 Rev Ed) | Singapore |
| Rules of Court (Cap 322 R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pre-action discovery
- Investigation Materials
- Fraudulent misrepresentation
- Conspiracy to defraud
- Non-disclosure order
- Sealing order
- Riddick undertaking
- Legal aid
15.2 Keywords
- pre-action discovery
- fraud
- conspiracy
- Singapore
- High Court
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Discovery of documents | 90 |
| Pre-action discovery | 85 |
| Civil Practice | 75 |
| Evidence | 60 |
| Legal Aid | 50 |
| Contract Law | 30 |
| Duty of Candour | 20 |
| Criminal Law | 20 |
16. Subjects
- Civil Procedure
- Discovery
- Torts
- Fraud