Case Update: Alliance Divine Impex Pte Ltd v Arulappan Tony (DBS Bank Ltd, non-party) [2024] SGHC 227
In its recent decision in Alliance Divine Impex Pte Ltd v Arulappan Tony (DBS Bank Ltd, non-party) [2024] SGHC 227 (“Alliance Divine”), the High Court of Singapore confirmed that a party can obtain bank statements directly from a bank under s 175(1) of the Evidence Act 1893 (the “EA”) for the purpose of formulating tortious claims against a prospective defendant.
However, the court emphasised that s 175(1) of the EA itself did not provide a substantive basis for a party to seek disclosure from a bank. Instead, a party seeking disclosure under s 175(1) had to demonstrate that it had a substantive right to the documents independent of s 175(1).
Therefore, parties seeking to obtain disclosure of banking documents of a prospective defendant directly from such defendant’s bank would be well-advised to seek legal assistance to ensure they can show a substantive right to disclosure, independent of s 175(1) of the EA, prior to making such an application.
Read our case update here