COI Report Produced: Legal Advice Privilege (as a subset of Legal Professional Privilege) and the Dominant Purpose Test

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Singapore High Court Assistant Registrar: Boey Chun Hian (by his guardian and next friend, Boey Ghim Huat) v Singapore Sports Council (Neo Meng Yong, third party) [2013] SGHCR 15*

The father of a then 15-year old victim in a near-drowning case sued the Singapore Sports Council (“SSC”) in a High Court Suit for damages arising from the alleged breach of duty on the part of the SSC and their lifeguards. The father successfully obtained a Court Order from the Singapore High Court (Assistant Registrar) (Boey Chun Hian (by his guardian and next friend, Boey Ghim Huat) v Singapore Sports Council (Neo Meng Yong, third party) [2013] SGHCR 15) for the production of the Committee of Inquiry Report (“COI Report”) on the incident despite the assertion that the COI Report was protected by both litigation privilege and legal advice privilege. Importantly, and in what appears to be the first such reported decision in Singapore, the Court applied the dominant purpose test to determine (and limit) the scope of legal advice privilege.

 * Characterist LLC’s Dominic Chan successfully acted for the victim’s father in this case.

The usual disclaimer: All opinions expressed on www.singaporelitigationlawyer.com are entirely my own. Importantly, my opinions do not constitute legal advice and you should definitely formally engage a lawyer to confirm, vary or refute my views.

To Sue or Not to Sue: Demystifying Litigation in Singapore @ www.singaporelitigationlawyer.com © Dominic Chan, a Singapore litigation lawyer. All rights reserved.

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2 Comments Add yours

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