I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
appellant failed to prove that the respondents had made unauthorised use of this
information (GD at [133]–[134]).
24
Lastly, the Judge considered the disclosures made by the first and second
respondents to HSBC and ADP. The Judge considered that the first and second
respondents were not obliged to obtain the appellant’s authorisation before
disclosing to HSBC and ADP that they had come into possession of their
confidential client data (GD at [137]).
25
While the appellant failed to prove the unauthorised use of its materials,
the Judge nonetheless accepted that the “reference or reviewing” of these
materials was made out on the evidence before him (GD at [123]). The
respondents had, for instance, reviewed the appellant’s Java source codes
(located in the “From Zaza” folder on the Dell Server) at least 10 times in the
course of the third respondent’s business (GD at [120(h)]). The first respondent
had also repeatedly accessed the Demonstration Platform to refer to the
confidential information that it hosted (GD at [131]).
The parties’ cases
26
The appellant asserts that its copyright in the Category 1 to 3 materials
was infringed in two main ways: the respondents (i) were in possession of
unauthorised copies of these materials; and (ii) circulated them by email without
authorisation. In respect of the Category 2 materials, the respondents also
substantially reproduced the Payitem Bibles in the course of creating “Payitem
Bible_Singapore.xls”.
27
The appellant further contends that the Judge erred in finding there was
no breach of confidence in relation to the Category 1 to 4 materials because it
had not been shown that the respondents did make use of the same. The
13
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