I-Admin (Singapore) Pte Ltd v Hong Ying Ting
19
[2020] SGCA 32
The Judge also dismissed the appellant’s claim in relation to the
Category 3 materials, this being “Copy of ePayroll eHR pricing for all
regions(04 Jan 2011).xls”, “RR to Li Lian.zip”, “Standard Imp Template.zip”
and “SG Client_Imp Template.xls”. The appellant failed to identify and
compare infringing materials belonging to the respondents that were allegedly
copied from the Category 3 materials (GD at [86]). The appellant made no
substantive submissions on the infringement of copyright in the Category 4
materials and the Judge therefore did not consider it necessary to deal with this.
Breach of confidence
20
As to the claim for breach of confidence, the Judge noted that there are
three well-established elements of a successful claim (Clearlab SG Pte Ltd v
Ting Chong Chai and others [2015] 1 SLR 163 (“Clearlab”) at [64] citing Coco
v AN Clark (Engineers) Ltd [1969] RPC 41 (“Coco”) at 47):
(a)
the information must possess the quality of confidentiality;
(b)
the information must have been imparted in circumstances
importing an obligation of confidence; and
(c)
there must have been some unauthorised use of that information
to the detriment of the party from whom the information originated.
The Judge considered that while the respondents owed the appellant obligations
of confidence (GD at [111]–[113]), there had been no use of its confidential
information in the relevant sense (GD at [107]). In short, it was only the third
limb on which the appellant’s case failed before the Judge.
21
The appellant pointed to four incidents that were said to constitute a
breach of confidence. First, it was contended that the third respondent made use
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