I-Admin (Singapore) Pte Ltd v Hong Ying Ting
[2020] SGCA 32
income and age ranges (GD at [63(b)] and [69]). The respondents were saved
the additional expense of compiling this information themselves or having to
employ additional members of staff. The value of the appellant’s information
would therefore be the cost saved by the respondents in taking that information.
79
As to the precise measure of damages, we consider it appropriate to
remit this question to the Judge. Suit 585/2013 was bifurcated, and the Judge
would be best placed to undertake such an inquiry having heard evidence on the
manner in which the appellant’s materials may have been exploited. We direct
that in determining the appropriate award, the Judge ought to consider the
additional cost that would have been incurred by the third respondent to create
the different elements of its payroll software without any reference to the
appellant’s materials. Besides the financial expense the respondents would have
incurred to develop these components independently, it may also be relevant to
look at the reduction in the time taken to set up the third respondent’s business,
allowing it to commence profit-making earlier. Taken together, this would
provide a quantifiable impression of the value of the appellant’s information to
the respondents.
Conclusion
80
For these reasons, we allow the appeal in part. The appellant should
succeed in its claims for breach of confidence and have its injury vindicated by
a measure of equitable damages, to be assessed.
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