Proofpoint, Inc v Maiwand Youssoftay: Application for Production of Documents in Aid of Foreign Proceedings
Proofpoint, Inc. applied to the General Division of the High Court of Singapore for an order to compel Maiwand Youssoftay to produce documents in aid of foreign proceedings in the Superior Court of California. The court, presided over by Goh Yihan JC, dismissed the application on 18 May 2023, finding that the application was not made pursuant to a valid 'request' as required by Section 3(a) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Claimant's application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Proofpoint's application to compel document production for California proceedings was dismissed. The court found the 'request' insufficient under Singapore's Evidence Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Proofpoint, Inc | Claimant | Corporation | Application Dismissed | Lost | Tham Wei Chern, Wang Chunhua, Ling Yuanrong |
| Maiwand Youssoftay | Respondent | Individual | Application Dismissed | Won | Siraj Omar, Chan Yun Wen Charmaine |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Yihan | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tham Wei Chern | Fullerton Law Chambers LLC |
| Wang Chunhua | Fullerton Law Chambers LLC |
| Ling Yuanrong | Fullerton Law Chambers LLC |
| Siraj Omar | Drew & Napier LLC |
| Chan Yun Wen Charmaine | Drew & Napier LLC |
4. Facts
- Proofpoint, Inc. commenced legal proceedings against Abnormal Security, Inc. in the Superior Court of California.
- Proofpoint sought relief for alleged intentional interference with contractual relations, inducement of breach of contract, misappropriation of trade secrets, and unfair competition.
- Proofpoint alleged Abnormal had engaged in a scheme to replicate Proofpoint’s success by recruiting key employees.
- Maiwand Youssoftay, the respondent, resides in Singapore and is employed in Abnormal’s Singapore office.
- Proofpoint alleged that Youssoftay was central to Abnormal’s scheme.
- Proofpoint obtained a subpoena from the Superior Court of California requiring Youssoftay to produce 12 categories of documents.
- Proofpoint filed an application pursuant to s 3 of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 seeking an order to compel Youssoftay to produce the documents.
5. Formal Citations
- Proofpoint, Inc v Maiwand Youssoftay, Originating Application No 288 of 2023, [2023] SGHC 150
6. Timeline
| Date | Event |
|---|---|
| Claimant commenced legal proceedings against Abnormal Security, Inc in the Superior Court of California. | |
| Commission to Take Deposition Outside California was dated. | |
| Court dismissed the claimant’s application. |
7. Legal Issues
- Production of documents in aid of foreign proceedings
- Outcome: The court held that the application was not made pursuant to a valid 'request' as required by Section 3(a) of the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979.
- Category: Procedural
8. Remedies Sought
- Order requiring the respondent to produce documents
9. Cause of Actions
- Intentional interference with contractual relations
- Inducement of breach of contract
- Misappropriation of trade secrets
- Unfair competition
10. Practice Areas
- Litigation
11. Industries
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court 2021, O 55 r 2(2) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
| Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Evidence (Civil Proceedings in Other Jurisdictions) Act 1979
- Foreign proceedings
- Production of documents
- Requesting court
- Commission to Take Deposition Outside California
15.2 Keywords
- Evidence Act
- Foreign proceedings
- Document production
- Singapore High Court
- Civil procedure
16. Subjects
- Civil Procedure
- Evidence
- International Law
17. Areas of Law
- Civil Procedure
- Discovery of Documents