Ajeet Gobindram Vaswani v Salvatore Gregory Takoushian: Privilege & Waiver of Legal Advice

In the Singapore High Court case of *Ajeet Gobindram Vaswani v Salvatore Gregory Takoushian*, the court dismissed applications by the First Defendant, Salvatore Gregory Takoushian, seeking to restrain the remaining defendants from disclosing or lifting redactions on certain documents. The court, presided over by Lee Seiu Kin J, considered whether the First Defendant had waived privilege over these documents by pleading reliance on the legal advice contained within them in his Defence. The court found that even if the documents were privileged, the First Defendant had impliedly waived that privilege, leading to the dismissal of the applications.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Applications dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court considered whether a defendant waived privilege over legal advice by pleading reliance on it in their defense. The court dismissed the applications.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ajeet Gobindram VaswaniPlaintiffIndividual
Viresh Ajeet VaswaniPlaintiffIndividual
Salvatore Gregory TakoushianDefendantIndividualApplications dismissedDismissed
Lau Chun Wah @ Davy LauDefendantIndividual
Carl Gabriel Florian StubbeDefendantIndividual
Tarun KatariaDefendantIndividual
Tan Wee PengDefendantIndividual
Kelvin Ng Kheng ChooDefendantIndividual

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Yeo Yi Ling EileenAdvocatus Law LLP
Saadhvika JayanthAdvocatus Law LLP
Shalini RajasegarAdvocatus Law LLP
Pillai K Muralidharan SCRajah & Tann Singapore LLP
Luo QinghuiRajah & Tann Singapore LLP
Ong Ken WeiRajah & Tann Singapore LLP
Daniel Chia Hsiung WenMorgan Lewis Stamford LLC
Charlene Wee Swee TingMorgan Lewis Stamford LLC

4. Facts

  1. The First Defendant sought to restrain the Other Defendants from disclosing certain documents.
  2. The First Defendant claimed the documents were privileged as they constituted legal advice.
  3. The First Defendant pleaded in his Defence that he had relied on the legal advice given in the Disputed Documents.
  4. The REIT Managers did not assert privilege before the court.

5. Formal Citations

  1. Ajeet Gobindram Vaswani and another v Salvatore Gregory Takoushian and others, Suit No 384 of 2021 (Summons Nos 2545 and 2546 of 2022), [2023] SGHC 103

6. Timeline

DateEvent
Applications in summons no 2545 of 2022 and summons no 2546 of 2022 dismissed
Leave to appeal granted by the SGHC(A) but limited to one question

7. Legal Issues

  1. Waiver of Legal Privilege
    • Outcome: The court held that the First Defendant had impliedly waived his privilege by pleading reliance on the legal advice in his Defence.
    • Category: Substantive
    • Sub-Issues:
      • Implied waiver of privilege
      • Reliance on legal advice in pleadings

8. Remedies Sought

  1. Restraint of disclosure of documents
  2. Restraint of lifting redactions made in documents

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Privilege
  • Waiver
  • Legal advice
  • Disputed Documents
  • REIT Managers

15.2 Keywords

  • privilege
  • waiver
  • legal advice
  • disclosure
  • redaction

17. Areas of Law

Area NameRelevance Score
Legal Privilege95
Waiver of Privilege80
Civil Procedure75
Company Law30
Estoppel25

16. Subjects

  • Legal Professional Privilege
  • Civil Litigation