3D Infosystems v. Voon South Shiong: Assessment of Damages for Breach of Confidence & Conspiracy
In 3D Infosystems Pte Ltd (formerly known as 3D Networks Singapore Pte Ltd) v Voon South Shiong and another, the General Division of the High Court of Singapore assessed damages to be paid by the first defendant, Voon South Shiong, and the second defendant, Sunway Digital Pte Ltd, to the plaintiff, 3D Infosystems Pte Ltd, for breach of contract, breach of confidence, conspiracy, and related torts. The court allowed judgment in the sum of S$445,685.57 against the first defendant solely and S$433,741.68 against the first and second defendants jointly and severally.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court assesses damages against Voon South Shiong and Sunway Digital for breach of confidence, conspiracy, and related torts.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| 3D Infosystems Pte Ltd (formerly known as 3D Networks Singapore Pte Ltd) | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Voon South Shiong | Defendant | Individual | Judgment against Defendant | Lost | |
| Sunway Digital Pte Ltd | Defendant | Corporation | Judgment against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Senior Judge | Yes |
4. Counsels
4. Facts
- 3D Infosystems Pte Ltd is engaged in the supply, installation, and implementation of information technology systems.
- Voon South Shiong was an employee of 3D Infosystems Pte Ltd, last holding the positions of Country Manager, Singapore, and Head of Global Accounts Management.
- Sunway Digital Pte Ltd is involved in the provision of digital transformation systems.
- Voon South Shiong was found liable for breach of contract, implied duties, fraudulent misrepresentation, breach of confidence, inducing breach of contractual obligations of confidence, unlawful means conspiracy, and lawful means conspiracy.
- Sunway Digital Pte Ltd was found liable in unlawful and lawful means conspiracy as well as inducing breach of contractual obligations of confidence.
- Voon South Shiong misused 3D Infosystems Pte Ltd's employees for a "team-building exercise" to sell fruit juice and prepare marketing materials for Beesket Juice Bar.
- Voon South Shiong disclosed confidential information, including business plans and internal manuals, to Sunway Digital Pte Ltd.
- Sunway Digital Pte Ltd solicited 3D Infosystems Pte Ltd's former employees.
- 3D Infosystems Pte Ltd's tender bid for the SCADA 227 Project was rejected in favor of Sunway Digital Pte Ltd's bid.
- Voon South Shiong and Mr. Yeo Choon Seng assisted Sunway Digital Pte Ltd in preparing quotations for Leap Networks Pte Ltd and Acoustic Lighting System Pte Ltd while still employed by 3D Infosystems Pte Ltd.
5. Formal Citations
- 3D Infosystems Pte Ltd (formerly known as 3D Networks Singapore Pte Ltd) v Voon South Shiong and another, Suit No 744 of 2018 (Assessment of Damages No 1 of 2023), [2024] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Sunway Digital Pte Ltd incorporated | |
| Voon South Shiong left 3D Infosystems Pte Ltd | |
| Ms. Lee stayed on for an additional month to compile the SP Inventory List | |
| SP Inventory List circulated within Sunway Digital Pte Ltd | |
| Ms Lee sent the SP Inventory List to Mr. Jason Ong | |
| SCADA 227 Project tender published | |
| First and second defendants found liable to the plaintiff | |
| Assessment of damages hearing began | |
| Plaintiff's Reply Submissions | |
| Judgment reserved |
7. Legal Issues
- Breach of Contract
- Outcome: The court found the first defendant liable for multiple breaches of contract and his implied duties.
- Category: Substantive
- Sub-Issues:
- Breach of Implied Duties
- Breach of Non-conflict Obligation
- Breach of Confidentiality Obligation
- Breach of Confidence
- Outcome: The court found the first defendant liable for breach of confidence for disclosing confidential information.
- Category: Substantive
- Conspiracy
- Outcome: The court found both defendants liable for unlawful and lawful means conspiracy.
- Category: Substantive
- Sub-Issues:
- Unlawful Means Conspiracy
- Lawful Means Conspiracy
- Inducement of Breach of Contract
- Outcome: The court found the second defendant liable for inducing breach of contractual confidentiality obligation.
- Category: Substantive
- Assessment of Damages
- Outcome: The court assessed the quantum of damages to be paid by the defendants to the plaintiff.
- Category: Procedural
- Account of Profits
- Outcome: The court ordered an account of profits for the first defendant's breach of confidence in preparing business plans for the second defendant.
- Category: Substantive
8. Remedies Sought
- Damages
- Account of Profits
9. Cause of Actions
- Breach of Contract
- Breach of Confidence
- Fraudulent Misrepresentation
- Inducing Breach of Contract
- Unlawful Means Conspiracy
- Lawful Means Conspiracy
10. Practice Areas
- Assessment of Damages
- Breach of Contract
- Conspiracy
- Inducement of Breach of Contract
11. Industries
- Information Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| 3D Networks Singapore Pte Ltd v Voon South Shiong and another | High Court | Yes | [2023] 4 SLR 396 | Singapore | Cited as the Liability Judgment, establishing the defendants' liability for various breaches and conspiracies. |
| Miles v Wakefield Metropolitan District Council | House of Lords | Yes | [1987] 1 AC 539 | England and Wales | Cited to support the principle that an employer can deduct an employee's salary for absence from work, quantifying the loss of services by reference to the salary payable. |
| Schonk Antonius Martinus Mattheus and another v Enholco Pte Ltd and another appeal | Court of Appeal | Yes | [2016] 2 SLR 881 | Singapore | Cited for the principle that an employer may be entitled to withhold payment of salary where there is a total failure of consideration. |
| UVJ and others v UVH and others and another appeal | Court of Appeal | Yes | [2020] 2 SLR 336 | Singapore | Cited for the principle that in a claim for an account of profits, the profits sought to be disgorged must be caused by the breach of duty. |
| MFM Restaurants Pte Ltd and another v Fish & Co Restaurants Pte Ltd and another appeal | Court of Appeal | Yes | [2011] 1 SLR 150 | Singapore | Cited for the principle that in quantifying damages, some educated guesses have to be made, and the court will do the best it can with the available circumstances. |
| I-Admin (Singapore) Pte Ltd v Hong Ying Ting | Court of Appeal | Yes | [2020] 1 SLR 1130 | Singapore | Cited regarding equitable damages in a breach of confidence claim, but distinguished on the facts of the present case. |
| Adinop Co Ltd v Rovithai Ltd and another | High Court | Yes | [2019] 2 SLR 808 | Singapore | Cited to distinguish between a breach of contractual confidentiality obligation and a breach of confidence, noting they are distinct causes of action. |
| Lim Suk Ling Priscilla and another v Amber Compounding Pharmacy Pte Ltd and another | High Court | Yes | [2024] 1 SLR 741 | Singapore | Cited as an example of a case where equitable damages were analyzed in relation to claims for breaches of confidence. |
| Jethanand Harkishindas Bhojwani v Lakshmi Prataprai Bhojwani (alias Mrs Lakshmi Jethanand Bhojwani) and others | High Court | Yes | [2022] 3 SLR 1211 | Singapore | Cited as an example of a case where equitable damages were analyzed in relation to claims for breaches of confidence. |
| Turf Club Auto Emporium Pte Ltd and others v Yeo Boong Hua and others and another appeal | Court of Appeal | Yes | [2018] 2 SLR 655 | Singapore | Cited regarding the remedial position for a conspiracy to injure premised on breaches of contract, noting it would be identical to the underlying breach of contract claim. |
| Smile Inc Dental Surgeons Pte Ltd v OP3 International Pte Ltd | High Court | Yes | [2020] 3 SLR 1234 | Singapore | Cited for the principle that a plaintiff still bears the burden of proof to prove its case on a balance of probabilities, even when the defendant has not made any submissions on a particular issue. |
| Chaplin v Hicks | England and Wales Court of Appeal | Yes | [1911] 2 KB 786 | England and Wales | Cited as authority that damages should still be payable even in the existence of a contingency and when it may be impossible to determine the outcome of further negotiations. |
| Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd and other appeals | Appellate Division of the High Court | Yes | [2023] 1 SLR 536 | Singapore | Cited for the purpose of the loss of chance doctrine, the favourable outcome should not be identified by reference to the exact quantity of the value lost. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Employment Act 1968 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Assessment of Damages
- Breach of Confidence
- Unlawful Means Conspiracy
- Lawful Means Conspiracy
- Implied Duties
- Pricing Strategy
- Solicitation of Employees
- Internal Manuals
- SP Inventory List
- SCADA 227 Project
- OEM2 Project
15.2 Keywords
- breach of contract
- breach of confidence
- conspiracy
- damages
- assessment
- information technology
- singapore
17. Areas of Law
16. Subjects
- Contract Law
- Tort Law
- Confidentiality
- Conspiracy
- Damages