Interactive Digital Finance Ltd v Credit Suisse AG: Production of Documents under Rules of Court 2021

Interactive Digital Finance Ltd and Tiah Thee Kian filed a claim against Credit Suisse AG and Luckin Coffee Inc for losses arising from investments. Credit Suisse AG sought production of documents referred to in the claimants' statement of claim. The Assistant Registrar ordered production, and the claimants appealed. The High Court dismissed the appeal, holding that the Assistant Registrar had the power to order production of documents referred to in pleadings under the Rules of Court 2021.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Appeal dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the court's power to order document production under the Rules of Court 2021. The court dismissed the appeal, finding the order justified.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Interactive Digital Finance LtdClaimant, AppellantCorporationAppeal DismissedLostNg Ka Luon Eddee, Alcina Lynn Chew Aiping, Lee Pei Hua Rachel, Gitta Priska Adelya
Tiah Thee KianClaimant, AppellantIndividualAppeal DismissedLostNg Ka Luon Eddee, Alcina Lynn Chew Aiping, Lee Pei Hua Rachel, Gitta Priska Adelya
Credit Suisse AGDefendant, RespondentCorporationSuccessful in resisting appealWonJordan Tan, Lim Yuan Jing
Luckin Coffee IncDefendantCorporationWatching briefNeutralChin Yen Bing, Arthur

3. Judges

Judge NameTitleDelivered Judgment
Chua Lee MingJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Ng Ka Luon EddeeTan Kok Quan Partnership
Alcina Lynn Chew AipingTan Kok Quan Partnership
Lee Pei Hua RachelTan Kok Quan Partnership
Gitta Priska AdelyaTan Kok Quan Partnership
Jordan TanAudent Chambers LLC
Lim Yuan JingWongPartnership LLP
Chin Yen Bing, ArthurTSMP Law Corporation

4. Facts

  1. Claimants filed a claim against the defendants for losses arising out of investments.
  2. Credit Suisse AG served a notice to produce documents on the claimants.
  3. The Assistant Registrar directed the claimants to produce documents referred to in the statement of claim.
  4. The claimants appealed against the Assistant Registrar's decision.
  5. The 1st defendant argued that the documents in requests #20, #28 and #58 were documents that were referred to in the SOC.
  6. The court found that the AR's decision was justified under the 2021 Rules.
  7. The court found that the documents sought under requests #20, #28 and #58 were not documents that were referred to in the SOC.

5. Formal Citations

  1. Interactive Digital Finance Ltd and another v Credit Suisse AG and another, Originating Claim No 225 of 2023 (Registrar’s Appeal No 95 of 2023), [2023] SGHC 198

6. Timeline

DateEvent
Claim filed by Interactive Digital Finance Limited and Mr Tiah Thee Kian against Credit Suisse AG and Luckin Coffee Inc.
Credit Suisse AG filed and served a notice to produce documents on the claimants.
Credit Suisse AG sought an extension of time to file its defence.
Claimants stated they would not provide documents and did not agree to the extension of time.
Claimants' lawyers wrote to the court arguing Credit Suisse AG's request was without legal basis.
Assistant Registrar conducted a case conference and directed the claimants to respond to the notice to produce and produce documents.
Claimants provided further response to the notice to produce.
Claimants produced some documents and stated others were not in their possession or control.
Credit Suisse AG noted the claimants' omission and alleged breach of court directions.
Claimants explained they had no obligation to produce certain documents.
Credit Suisse AG requested the court to direct production of documents.
Claimants' lawyers informed the court that the claimants had instructed them to file an appeal.
Claimants filed an appeal against the Assistant Registrar's decision.
Credit Suisse AG informed the Assistant Registrar that it needed documents to file its defence.
Hearing date.
Judgment date.

7. Legal Issues

  1. Power of the court to order production of documents referred to in pleadings under the Rules of Court 2021
    • Outcome: The court held that the Assistant Registrar had the power to order production of documents referred to in pleadings under the Rules of Court 2021.
    • Category: Procedural
    • Related Cases:
      • [2012] SGHCR 14
  2. Whether the documents in requests #20, #28 and #58 were documents that were referred to in the SOC
    • Outcome: The court decided that the documents sought under requests #20, #28 and #58 were not documents that were referred to in the SOC.
    • Category: Procedural
    • Related Cases:
      • [2012] SGHCR 14
  3. Threshold for appellate intervention in procedural matters under Order 18 rule 10 of the Rules of Court 2021
    • Outcome: The court agreed that there was no reason to intervene because the claimants had not shown that substantial injustice would otherwise be caused by the AR’s order.
    • Category: Procedural

8. Remedies Sought

  1. Monetary damages

9. Cause of Actions

  • Losses arising out of investments in securities
  • Representations made by the defendants

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
SK Shipping Co Ltd v IOF Pte LtdHigh CourtYes[2012] SGHCR 14SingaporeCited for the principle that the requesting party should be conferred the same advantage as if the documents referred to had been fully set out in the pleadings.

13. Applicable Rules

Rule Name
Order 11 of the 2021 Rules
Order 18 rule 10 of the 2021 Rules
Order 3 rule 2(2) of the 2021 Rules
Order 3 rule 1(2) of the 2021 Rules
Order 9 rule 1 of the 2021 Rules
Order 9 rr 9(3) and (4)(k) of the 2021 Rules
Order 2 rr 9(1) and (5) of the 2021 Rules
Order 9 r 9(7) of the 2021 Rules
Order 2 r 9(8) of the 2021 Rules
Order 1 r 2(3)(a) of the 2021 Rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 322, R 5, 2014 Rev Ed)Singapore
Rules of Court 2021Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Production of documents
  • Rules of Court 2021
  • Notice to produce
  • Statement of claim
  • Case conference
  • Appellate intervention
  • Substantial injustice
  • Order 11
  • Order 3
  • Single application pending trial

15.2 Keywords

  • Production of documents
  • Rules of Court
  • Civil procedure
  • Singapore
  • Appeal
  • Discovery

16. Subjects

  • Civil Procedure
  • Discovery
  • Rules of Court

17. Areas of Law

  • Civil Procedure
  • Production of documents