Razer (Asia-Pacific) Pte Ltd v Capgemini Singapore Pte Ltd: Indemnity Costs for Data Leak
Razer (Asia-Pacific) Pte Ltd sued Capgemini Singapore Pte Ltd in the General Division of the High Court of Singapore on 29 October 2020 for breach of contract and negligence, relating to a data leak. The High Court, with Lee Seiu Kin J presiding, found Capgemini liable and ordered them to pay Razer US$6,518,738.81 in damages. This decision concerns the assessment of costs to be awarded to Razer, with the court ultimately awarding costs to Razer on an indemnity basis.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Costs awarded to Razer on an indemnity basis.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Razer sues Capgemini for breach of contract and negligence, resulting in a data leak. The court awards Razer indemnity costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Razer (Asia-Pacific) Pte Ltd | Plaintiff | Corporation | Costs awarded on an indemnity basis | Won | Wong Hin Pkin Wendell, Andrew Chua Ruiming |
| Capgemini Singapore Pte Ltd | Defendant | Corporation | Costs to be paid on an indemnity basis | Lost | Tan I Kwok Lionel, Tan Zhen Wei Victoria, Samuel Lim Tien Sern |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Hin Pkin Wendell | Drew & Napier LLC |
| Andrew Chua Ruiming | Drew & Napier LLC |
| Tan I Kwok Lionel | Rajah & Tann Singapore LLP |
| Tan Zhen Wei Victoria | Rajah & Tann Singapore LLP |
| Samuel Lim Tien Sern | Rajah & Tann Singapore LLP |
4. Facts
- Razer sued Capgemini for breach of contract and negligence.
- The suit arose from a misconfiguration of a server file, leading to a data leak.
- The data leak exposed non-public consumer data of Razer's customers.
- Razer claimed Capgemini breached express and implied terms of agreements.
- Razer sought indemnity costs based on clauses in the CSA and DPA.
- Razer also sought indemnity costs based on an offer to settle.
5. Formal Citations
- Razer (Asia-Pacific) Pte Ltd v Capgemini Singapore Pte Ltd, Suit No 1233 of 2020, [2023] SGHC 195
6. Timeline
| Date | Event |
|---|---|
| Consulting services agreement signed | |
| Data Processing Addendum signed | |
| Capgemini acquired WSL and assumed obligations | |
| Data Leak began | |
| Data Leak ended | |
| Data Leak received media coverage | |
| Lawsuit filed | |
| Offer to settle sent | |
| Decision on liability given | |
| Decision on costs delivered | |
| Judgment issued |
7. Legal Issues
- Entitlement to Indemnity Costs
- Outcome: The court held that Razer had clearly and properly pleaded its entitlement to indemnity costs under the indemnity clauses in the CSA and DPA.
- Category: Substantive
- Sub-Issues:
- Sufficiency of pleading contractual entitlement to indemnity costs
- Applicability of indemnity clauses
- Offer to Settle
- Outcome: The court held that Razer had a separate right to indemnity costs from 27 June 2022, as the outcome of the suit was less favorable than the terms of the offer to settle.
- Category: Procedural
- Sub-Issues:
- Whether the outcome of the suit was less favorable than the terms of the offer to settle
8. Remedies Sought
- Indemnity Costs
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Commercial Litigation
- Data Breach Litigation
11. Industries
- Information Technology
- Gaming
- Financial Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Razer (Asia-Pacific) Pte Ltd v Capgemini Singapore Pte Ltd | High Court | Yes | [2022] SGHC 310 | Singapore | Sets out the facts and findings of liability in the main suit. |
| Telemedia Pacific Group Ltd v Credit Agricole (Suisse) SA (Yeh Mao-Yuan, third party) | High Court | Yes | [2015] 4 SLR 1019 | Singapore | Cited for the principle that a contractual entitlement to indemnity costs must be clearly and properly pleaded. |
| NSL Oilchem Waste Management Pte Ltd v Prosper Marine Pte Ltd and other suits | High Court | Yes | [2020] SGHC 204 | Singapore | Summarizes the relevant principles where parties have made a contractual agreement on costs. |
| Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd | High Court | Yes | [2013] SGHC 274 | Singapore | Cited for the general rule that costs are awarded on an indemnity basis only in exceptional circumstances. |
| Abani Trading Pte Ltd v BNP Paribas | Unknown | Yes | [2014] 3 SLR 909 | Singapore | Cited regarding the court's statutory discretion to award costs. |
| Mansfield v Robinson | Unknown | Yes | [1928] 2 KB 353 | England and Wales | Cited and adopted in United Overseas Bank Ltd v Sin Leong Ironbed & Furtniture Manufacturing Co (Pte) Ltd regarding contractual entitlement. |
| United Overseas Bank Ltd v Sin Leong Ironbed & Furtniture Manufacturing Co (Pte) Ltd | Unknown | Yes | [1988] 1 SLR(R) 76 | Singapore | Cited regarding contractual entitlement to costs. |
| Vestwin Trading Pte Ltd and another v Obegi Melissa and others | Unknown | Yes | [2006] 3 SLR(R) 573 | Singapore | Cited for the purpose of a pleading. |
| Tan Shwu Leng v Singapore Airlines Limited and another | High Court | Yes | [2001] SGHC 51 | Singapore | Cited for determining what is 'favourable' in an offer to settle. |
| CCM Industrial Pte Ltd v Uniquetech Pte Ltd | Unknown | Yes | [2009] 2 SLR(R) 20 | Singapore | Cited for determining what is 'favourable' in an offer to settle. |
| Singapore Airlines Ltd v Tan Shwu Leng | Court of Appeal | Yes | [2001] 3 SLR(R) 439 | Singapore | Cited for the sum offered in the offer to settle, comparing it with the judgment sum. |
13. Applicable Rules
| Rule Name |
|---|
| Order 22A rule 1 of the Rules of Court (2014 Rev Ed) |
| Order 22A rule 9 of the Rules of Court |
| O 59 r 27(3) of the ROC |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Indemnity Costs
- Data Leak
- Offer to Settle
- Consulting Services Agreement
- Data Processing Addendum
- Statement of Claim
15.2 Keywords
- Indemnity Costs
- Data Leak
- Breach of Contract
- Negligence
- Offer to Settle
- Singapore High Court
16. Subjects
- Civil Procedure
- Contract Law
- Costs
- Data Protection
17. Areas of Law
- Civil Procedure
- Contract Law
- Information Technology Law