I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
(Shanghai) (GD at [148]–[150]). The respondents, it is said, cannot be held
responsible for her acts of taking. Second, the appellant is precluded from
advancing a claim for breach of confidence in respect of materials circulated by
the first respondent, such as the Payitem Bibles, as well as items stored on the
Thinkpad. This is because these acts of possession and circulation were dealt
with by the Judge as breaches of the first respondent’s non-disclosure agreement
(GD at [139]–[140]) and those findings were not appealed against. We reject
these contentions.
64
While Ms Shen may have been directly responsible for certain acts of
taking, this does not absolve the respondents from wrongdoing. The appellant’s
materials were specifically acquired to be reviewed and potentially used for the
third respondent’s benefit. The first and second respondents cannot feign
ignorance as they were heavily involved in the third respondent’s software
development and operations. The mass deletions from the Thinkpad and the
Dell Server on the day of the APO execution demonstrate that they knew they
were not allowed to be in possession of the appellant’s materials. As for the
argument that these are to be analysed in the context of the claim for breach of
the non-disclosure agreement, a breach of the first respondent’s contractual
obligations is a distinct cause of action from a claim premised on equitable
obligations of confidence. The appellant is not foreclosed from relying on the
same categories of materials to pursue its claim in confidence. On the available
evidence, the respondents have done nothing to displace the presumption that
their conscience was negatively affected. We accordingly find that the
possession and referencing of the appellant’s confidential materials constituted
acts in breach of confidence.
65
We make the same finding in respect of the first respondent’s
downloading of the appellant’s database “payitem setup_iAdmin.xls” from the
31
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