I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] SGCA 32 he will be guilty of an infringement of the plaintiff’s rights” (at 213). In Seager v Copydex Ltd [1967] 1 WLR 923 (“Seager”), Lord Denning MR referred to Saltman and observed that “[t]he law on this subject … depends on the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it. He must not make use of it to the prejudice of him who gave it without obtaining his consent” (at 931). This line of cases, developing the unique features of an action for breach of confidence, concluded with Coco. Megarry J’s articulation of the three elements for a successful claim (at [43] above) took on a foundational status in England as well as other common law jurisdictions including Singapore (see for example, X Pte Ltd and another v CDE [1992] 2 SLR(R) 575 at [27]). 50 The dicta in Saltman, Seager, and Coco shed some light on the envisaged purpose of an action for breach of confidence. The language of taking “unfair advantage” of information and the requirement of unauthorised use and consequential detriment, point to the protection of a specific interest: a plaintiff’s interest in preventing wrongful gain or profit from its confidential information (“wrongful gain interest”). Yet interestingly, even though Megarry J in Coco stipulated that detriment to the plaintiff was an essential element of the cause of action, he noted that not all the early cases concerning breach of confidence focused on damage stemming from the misuse of confidential information, observing: “some of the statements of principles in the [preceding] cases omit any mention of detriment” (at 48). This suggests that the policy objectives behind the early law of confidence may have extended beyond safeguarding against wrongful gain. 51 Support for this is found in Morison where Turner VC referred to a claim for breach of confidence as arising from an “obligation of conscience” [emphasis added] (see also Saltman at 211). The use of the word “conscience”, 24

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