True Yoga v Wee Ewe Seng: Lifting Riddick Undertaking for Hong Kong Proceedings

In True Yoga Pte Ltd v Patrick John Wee Ewe Seng, the High Court of Singapore considered the plaintiffs' application to lift a Riddick undertaking to use six documents disclosed in the Singapore proceedings in a related Hong Kong case. The plaintiffs sought to use the documents to demonstrate that the defendant, Wee Ewe Seng, had breached a discovery order in the Hong Kong proceedings. The court, presided over by Choo Han Teck J, allowed the application, finding that it was justifiable to use the documents for the limited purpose of allowing the Hong Kong Court to determine if there had been a breach of its order.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Plaintiffs' application allowed, for the sole purpose of allowing the Hong Kong Court to determine whether there had been a breach of its court order in HCA 1469/2019.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court allows True Yoga to lift Riddick undertaking to use documents in Hong Kong proceedings to determine if Wee Ewe Seng breached discovery order.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
True Yoga Pte LtdPlaintiffCorporationApplication allowedWon
True Fitness (STC) Pte LtdPlaintiffCorporationApplication allowedWon
True Fitness Pte LtdPlaintiffCorporationApplication allowedWon
Patrick John Wee Ewe SengDefendantIndividualApplication grantedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Jordan TanAudent Chambers LLC
Victor LeongAudent Chambers LLC
Lim Jun HengAudent Chambers LLC
Cumara KamalacumarSelvam LLC
Daniel Soo ZiyangSelvam LLC

4. Facts

  1. The plaintiffs are Singapore-incorporated companies operating fitness centers.
  2. The defendant was the former CEO of the True Group entities in Singapore.
  3. The plaintiffs commenced an action against the defendant for breach of contract and fiduciary duties.
  4. The plaintiffs applied for leave to lift their Riddick undertaking in respect of six documents.
  5. The Six Documents were disclosed in the present proceedings for the purpose of allowing the plaintiffs’ parent companies to use these Six Documents in the Hong Kong proceedings, HCA 1469/2019.
  6. The Hong Kong Court allowed a specific discovery application filed by the PPCs, requiring the defendant to disclose correspondence and documents in relation to the “Thai Guarantee”.

5. Formal Citations

  1. True Yoga Pte Ltd and others v Wee Ewe Seng Patrick John, Suit No 376 of 2019(Summons No 759 of 2024), [2024] SGHC 106

6. Timeline

DateEvent
Defendant appointed as Chief Executive Officer of the True Group entities in Singapore.
Defendant removed as Group CEO.
Plaintiffs commenced action against defendant for breach of contract and fiduciary duties.
Defendant sued the plaintiff’s parent companies in Hong Kong.
Order for specific discovery granted in HC/SUM 1122/2021.
Hong Kong Court allowed a specific discovery application filed by the PPCs.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Lifting Riddick Undertaking
    • Outcome: The court allowed the plaintiffs' application to lift the Riddick undertaking for the sole purpose of allowing the Hong Kong Court to determine whether there had been a breach of its court order.
    • Category: Procedural
    • Related Cases:
      • [2021] 2 SLR 584
      • [2020] 2 SLR 912

8. Remedies Sought

  1. Leave to lift Riddick undertaking

9. Cause of Actions

  • Breach of contract
  • Breach of fiduciary duties

10. Practice Areas

  • Litigation

11. Industries

  • Fitness

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Jane Rebecca v Lim Lie Hoa and other appeals and other mattersCourt of AppealYes[2021] 2 SLR 584SingaporeCited for the three broad categories of documents involving the Riddick principle.
Lim Suk Ling Priscilla v Amber Compounding Pharmacy Pte LtdN/AYes[2020] 2 SLR 912SingaporeCited as a factor in determining whether the Riddick undertaking should be lifted in relation to the third category of documents.

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

  • Riddick undertaking
  • Specific discovery
  • Thai Guarantee
  • Hong Kong proceedings
  • Breach of discovery order

15.2 Keywords

  • Riddick undertaking
  • discovery
  • Hong Kong
  • Singapore
  • True Yoga
  • Wee Ewe Seng

17. Areas of Law

Area NameRelevance Score
Riddick principle95
Abuse of Process90
Production of documents80
Civil Procedure75
Arbitration30
Fiduciary Duties25
Breach of Contract20
Jurisdiction15
Commercial Disputes15

16. Subjects

  • Civil Procedure
  • Discovery
  • Abuse of Process