Discovery applications must be grounded in established liability, not merely for assessing damages; liability must be determined before related discovery.

Background

[1] This is the Plaintiffs' application in encl 141 pursuant to O 24 rr 3, 12 and 16 of the Rules of 2012 ("ROC") for an order of discovery against the Defendants for the documents listed in the application.

[2] As a background of facts, on 19 February 1998 a company known as Dr Who Waterworks Pte Ltd ("Waterworks") was incorporated in Singapore.

[3] In or about November 2002, the 2nd Plaintiff became the substantial shareholder and director of the Waterworks whereas the 8th Defendant subsequently became one of the shareholders and directors of the Waterworks since 2004.

[4] As to expand the company's businesses, the 8th Defendant and the 2nd Plaintiff had further incorporated the following companies ("Dr Who Group of Companies") in Singapore:

(a) the New Global Watertech Pte Ltd;

(b) the Dr Who Laboratories (S) Pte Ltd;

(c) the D' Choice Pte Ltd; and

(d) the 1st Defendant.

[5] The 2nd Plaintiff also incorporated the 1st Plaintiff in Malaysia as a company producing bottled drinking and gallon water. The 1st Plaintiff, thereafter supplied bottled drinking and gallon water to support the business of the Dr Who Group of Companies using the brand name of "DR. WHO".

[6] In view of the differences arose, a deed of settlement ("Deed") dated 13 February 2017 was executed by the following parties as a full and final settlement to dispose of all claims, disputes and differences between the parties prior to the date of the Deed:

(a) the 2nd Plaintiff;

(b) Low Siew Eng (the 2nd Plaintiff's wife);

(c) the 1st Plaintiff;

(d) the 8th Defendant;

(e) the 9th Defendant;

(f) the Waterworks;

(g) the New Global Watertech Pte Ltd;

(h) the Dr Who Laboratories (S) Pte Ltd;

(i) the D' Choice Pte Ltd; and

(j) the 1st Defendant.

[7] Due to the mutual co-existence rights agreed in the Deed, the 1st Plaintiff, Low Siew Eng and the 2nd Plaintiff are entitled to own and use the "DR. WHO" marks in Malaysia at the sole discretion of the 2nd Plaintiff.

[8] The 2nd Plaintiff is the registered owner for trademarks of "DR. WHO" registered in Malaysia and has granted the 1st Plaintiff a non-exclusive license to carry on its business with the "DR. WHO" trademark in Malaysia.

[9] Sometime in August 2019, the 2nd Plaintiff found that the 1st Defendant, which the 2nd Plaintiff alleged was under the direction and control of the 8th and 9th Defendants, was ordering bottled drinking water from the 2nd Defendant in Malaysia using the "DR. WHO" marks.

[10] The 1st Plaintiff carried out investigations and discovered that the 2nd Defendant was producing bottled drinking water and supplying the same to the 1st Defendant in Singapore using the "DR. WHO" marks.

[11] The 2nd Plaintiff also claimed that the 2nd Defendant had entered into the Distribution Agreement dated 10 June 2019 with the 1st Defendant which the 2nd Plaintiff alleged was under the direction and control of the 8th and 9th Defendants.

[12] Not only that, the 2nd Plaintiff also discovered that the labels which displayed the "DR. WHO" marks were produced by the 3rd, 4th and 6th Defendants. The labels were then sent to the 2nd Defendant which would fix the labels which displayed the "DR. WHO" marks on the bottled drinking water to the account of the 1st Defendant. The 2nd Defendant thereafter would pack the bottled drinking water in carton boxes which displayed the "DR. WHO" marks which were manufactured by the 5th and 7th Defendants for which the orders were placed by the 2nd Defendant in pursuant to the Distribution Agreement and to the account of the 1st Defendant.

[13] In view of the above, the Plaintiffs filed the Writ of Summons and Statement of Claim dated 15 August 2020 against the 1st to 7th Defendants.

[14] On 14 September 2020, the Plaintiffs filed