K Solutions Pte Ltd v National University of Singapore
Jurisdiction | Singapore |
Court | High Court (Singapore) |
Judge | Woo Bih Li J |
Judgment Date | 16 June 2009 |
Neutral Citation | [2009] SGHC 143 |
Citation | [2009] SGHC 143 |
Subject Matter | Destruction of documents before and after commencement of action,Intention behind destruction,Whether striking out of statement of claim and defence to counterclaim justified,Whether possibility of fair trial was determinative factor,Factors to be considered in making decision to order striking out,Plaintiff deliberately suppressing documents in discovery process,Civil Procedure,Basis of court's power to order striking out,Principles governing court's exercise of discretion,Striking out |
Plaintiff Counsel | Lok Vi Ming SC, Audrey Chiang and Chu Hua Yi (Rodyk & Davidson LLP) |
Date | 16 June 2009 |
Defendant Counsel | Cavinder Bull SC and Lim Gerui (Drew & Napier LLP) |
Docket Number | Suit No 5 of 2007 (Registrar's Appeal No 432 of 2008) |
Published date | 24 June 2009 |
16 June 2009 |
|
Woo Bih Li J:
Introduction
4 KS has appealed against my decision in RA 432/08.
Background
5 I set out below the following additional definitions for easy reference:
“AL” |
- |
Albert Lim, managing director of KS |
“D&N” |
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Drew & Napier, solicitors for NUS |
“Faith” |
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Faith Koh, a KS staff |
“MCS” |
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Margaret Cato-Smith who was project manager of KS |
“M Rasa” |
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Mohan Rasa s/o Rasalingam, finance manager of KS |
“R&D” |
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Rodyk & Davidson, the current solicitors of KS |
“SLP” |
- |
Shaw Lay Pheng, deputy registrar at Registrar’s Office of NUS |
“TKO” |
- |
Tan Keng Oon, manager of KS |
“ISIS” |
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integrated student information system |
“WMR” |
- |
Wayne Michael Revell who was KS’ manager for South Asia, Higher Education |
(a) Documents in AL’s email account.
(b) Documents in KS staff’s email accounts which were provided by NUS (“NUS email accounts”).
(c) Documents in KS staff’s email accounts which were provided by KS (“KS email accounts”).
(d) Audio recordings of meetings.
AL’s email
19 When NUS reviewed the 2 DVDs, it discovered the following:
(a) The email disclosed originated from only one of KS’ many staff, ie, MCS.
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