High Court Sets Out Law on Striking Out of Pleadings for Non-Compliance with Discovery Obligations

In Saxo Bank A/S v Innopac Holdings Limited [2021] SGHC 214, the Singapore High Court set out the applicable principles on when it would exercise its discretion to strike out a litigant’s pleading for non-compliance with the Rules of Court or orders of court specifically in a situation where discovery obligations have been breached.

Here, the Court found that the defendant had repeatedly failed to comply with its discovery obligations, including those subject to an “unless” or peremptory order. Applying the relevant principles, the High Court struck out the defendant’s Defence and Counterclaim and entered judgment for the plaintiff. The plaintiff was successfully represented by Harish Kumar, Daniel Quek, Low Weng Hong and Edina Lim of Rajah & Tann Singapore LLP.