ALLIANCE DIVINE IMPEX PTE. LTD. v ARULAPPAN TONY

Case Significance

Alliance Divine Impex Pte Ltd v Arulappan Tony (DBS Bank Ltd, non-party) [2024] SGHC 227 was decided by Goh Yihan J in the General Division of the High Court of the Republic of Singapore, heard on 7 August 2024 with the grounds of decision delivered on 4 September 2024. The matter was Originating Application No 679 of 2023 (Summons No 1940 of 2024), brought in the matter of Order 11, Rule 11 of the Rules of Court 2021. The applicant, Alliance Divine Impex Pte Ltd, applied against the non-party, DBS Bank Ltd, to produce the respondent Arulappan Tony's bank statements and related specific documents, made pursuant to s 175(1) of the Evidence Act 1893 (2020 Rev Ed) and/or O 11 r 11 of the Rules of Court 2021.

DBS Bank Ltd agreed to the terms of the order sought under s 175(1) of the Evidence Act but did not consent to the application on the record. After considering the applicant's submissions, Goh Yihan J allowed the application, and provided grounds particularly to elaborate on the applicable considerations for a court's exercise of its discretion under s 175(1) of the Evidence Act and the relationship between s 175 and O 11 r 11 of the Rules of Court 2021. The applicant, which is in the business of selling meat products to other businesses in Singapore, had employed the respondent Mr Arulappan Tony. The applicant was represented by John Jeevan Noel and Ow Joshua of Pereira & Tan LLC, and the non-party DBS Bank Ltd by Edmond Lim Tian Zhong and Tham Hsu Hsien of Allen & Gledhill LLP.