I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
of its confidential materials to develop its own source codes, systems and client
materials. Flowing from his findings in relation to the appellant’s copyright
claim, the Judge concluded that no reproduction or adaptation had occurred (GD
at [116]). He rejected the appellant’s argument that mere copying of or access
to its data satisfied the element of unauthorised use (GD at [117], [123]). Whilst
there might have been an intention to make use of its materials, the appellant
still had to show that any reference to and review of these materials resulted in
the creation of the respondents’ own materials. The Judge disagreed with the
appellant’s reliance on the dicta in Clearlab, where the High Court found that
mere taking of confidential materials could amount to a breach of confidence
(GD at [124]–[125]). The appellant could not invoke this “expansive approach”
for two reasons: (i) this had not been pleaded; and (ii) the present facts were
sufficiently distinguishable from Clearlab.
22
The second incident of breach raised by the appellant was the use of a
copy of its “ePayroll” system to generate the third respondent’s internal payroll
reports between May 2011 and February 2012. The Judge found that the
available forensic evidence did not support this contention (GD at [128]–[129]).
23
Thirdly, the appellant claimed that the first respondent had breached its
confidence by using confidential log-in credentials, given to him during the
course of his employment, to log onto the Demonstration Platform. This gave
the first respondent access to some of the functionalities of the appellant’s live
system such as its payitem details, reports and formats for its customers. The
first respondent accessed the appellant’s server on a number of occasions
between April and June 2012 and March and May 2013 (GD at [131]). The first
respondent
also
downloaded
“payitem
setup_iAdmin.xls”
from
the
Demonstration Platform on 19 April 2013. While the Judge agreed that the
information hosted on the Demonstration Platform was confidential, the
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