I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
Demonstration Platform (at [23] above). After having left the appellant’s
employ on 30 June 2011, the first respondent retained and abused confidential
log-in credentials to surreptitiously access the Demonstration Platform on
multiple occasions. He also downloaded “payitem setup_iAdmin.xls”, which
the Judge deemed to be confidential in nature. This was plainly in breach of the
first respondent’s obligation of confidence.
66
For completeness, the appellant also advanced an alternative case as to
the actual use of its confidential materials. Disputing the findings of the Judge
(at [24] above), it claimed the respondents wrongfully disclosed the fact that
they were in possession of the appellant’s confidential client data to HSBC and
ADP. It is not necessary to consider whether these disclosures did in fact
constitute wrongful use. It follows from our findings above that the respondents’
very possession of the appellant’s client data without its consent amounted to a
breach of confidence.
Appropriate remedy
67
We turn our attention to the question of remedies. The appellant’s claim
being founded on equity, remedial action is a matter of the court’s discretion. A
number of possible remedies were ventilated at the hearing, namely an
injunction, an order for delivery up of unauthorised copies of the appellant’s
materials, an account of profits and/or damages. We consider the suitability of
each of them in turn.
68
Injunctions and interim injunctions are often regarded as vital remedies
in confidence cases because they operate to contain the damage suffered from
the loss of confidentiality. Mr Lee’s submissions focused on a final injunction,
accompanied by an order for delivery up. Implicit in his request was the
argument that there exists a risk of continued wrongdoing. Although the Judge
32
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