I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
confidential information suggests the need for stronger measures to protect
owners from loss. An undue focus on the wrongful gain interest to the exclusion
or diminution of the wrongful loss interest, under the current law of confidence,
would mean that those measures are lacking.
Availability of remedies
56
A final consideration relates to the adequacy of remedies in situations
where the wrongful loss interest has been infringed. The law relating to breach
of confidence encompasses a wide range of factual situations and this has
produced a “formidable armoury” of remedies which includes “injunctions and
delivery up, as well as monetary remedies, whether termed equitable
compensation or damages” (Breach of Confidence at para [17.01]).
57
Unfortunately, plaintiffs who have only suffered a violation of their
wrongful loss interest may not always avail of these remedies and might find
themselves with limited alternatives. This is then compounded by the fact that
the wrongful loss suffered, meaning the dissipation of the confidential character
of the information, does not always immediately translate into monetary terms
or quantifiable detriment. The owner of the compromised information may
know he has suffered loss but may only be able to speculate as to how, for
example, this will negatively affect his business or future operations. This
means that even a simple claim for damages will not necessarily succeed. It is
clear that there can be significant obstacles in the way of plaintiffs seeking to
vindicate their wrongful loss interest, independently of their wrongful gain
interest.
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