I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
of its materials. Likewise, equitable compensation would be inappropriate. The
restitutionary objective of equitable compensation requires that a plaintiff be
restored to the same position they would have been in if the breach had not been
effected. However, as noted by Prof Brennan, this may prove to be a highly
speculative exercise, particularly where there has been no actionable use of the
confidential information.
73
This leaves a possible award of equitable damages, a statutory remedy
under s 2 of the Chancery Amendment Act 1858 (c 27) (UK) (“Chancery
Amendment Act”) where a court “is not limited to any specific basis for
assessing damages” (Lunn Poly Ltd and another v Liverpool & Lancashire
Properties Ltd and another [2006] 2 EGLR 2 at [22]). Prior to the enactment of
the Chancery Amendment Act, one of the Acts which led to the combined
administration of law and equity, the English Courts of Chancery sporadically
used their power to award monetary compensation but ordinarily considered it
undesirable to do so (Breach of Confidence at [19.10]; see also, I.C.F. Spry, The
Principles of Equitable Remedies: Specific Performance, Injunctions,
Rectification and Equitable Damages (Lawbook Co, 8th Ed, 2010) at p 623)).
Section 2 of the Chancery Amendment Act, better known as Lord Cairns’ Act,
provided that:
[where] the Court of Chancery has jurisdiction to entertain an
application for an injunction … against the commission or
continuance of any wrongful act … it shall be lawful for the
same Court … to award damages … either in addition to or in
substitution for such injunction or specific performance, and
such damages may be assessed in such manner as the Court
shall direct.
74
Notwithstanding initial debate as to the intended scope of s 2 and
whether the phrase “wrongful act” was envisaged to include causes of action
that fell within the exclusive jurisdiction of equity (Breach of Confidence at
35
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