Case Update: Peh Yeng Yok v Tembusu Systems Pte Ltd [2016] SGHC 36 – search order / anton piller order set aside

Singapore Law; Legal; Lawyer

Peh Yeng Yok v Tembusu Systems Pte Ltd [2016] SGHC 36

[14]: A search order is a draconian measure and will only be granted if necessary in the interests of justice. In line with this overriding principle of necessity, a plaintiff applying for a search order must show that:

(a) there is an extremely strong prima facie case;
(b) the damage that would be suffered if a search order was not granted is very serious;
(c) there is a real possibility that the defendant(s) would destroy relevant documents; and
(d) the effect of the search order would not be out of proportion to the legitimate object of the order.

See Asian Corporate Services (SEA) Pte Ltd v Eastwest Management Ltd (Singapore Branch) [2006] 1 SLR(R) 901 (“Asian Corporate Services”) at [14].

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