AJEET GOBINDRAM VASWANI & Anor v SALVATORE GREGORY TAKOUSHIAN & 5 Ors

[2023] SGHC 103 High Court (General Division) 19 April 2023 HC/S 384/2021 ( HC/SUM 2546/2022,HC/SUM 2545/2022 )

Key facts

Court	High Court (General Division)
Decided	19 April 2023
Judge	Lee Seiu Kin
Charges / claim	Civil Procedure
Counsel	Advocatus Law LLP, Morgan Lewis Stamford LLC, Rajah & Tann Singapore LLP, Charlene Wee Swee Ting, Daniel Chia Hsiung Wen, Luo Qinghui, Ong Ken Wei, Pillai K Muralidharan, Saadhvika Jayanth, Shalini Rajasegar, Yeo Yi Ling Eileen

Source: [2023] SGHC 103, High Court (General Division), decided 19 April 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Privileges

Practice Areas

Civil Procedure

Judges (1)

Lee Seiu Kin Delivered

Counsel (11)

Advocatus Law LLP Firm Morgan Lewis Stamford LLC Firm Rajah & Tann Singapore LLP Firm Charlene Wee Swee Ting Counsel for the sixth defendant Daniel Chia Hsiung Wen Counsel for the sixth defendant

Luo Qinghui Counsel for the second to fifth defendants

Ong Ken Wei Counsel for the second to fifth defendants

Pillai K Muralidharan Counsel for the second to fifth defendants

Saadhvika Jayanth Counsel for the first defendant Shalini Rajasegar Counsel for the first defendant Yeo Yi Ling Eileen Counsel for the first defendant

Parties (8)

Ajeet Gobindram Vaswani Plaintiff

Carl Gabriel Florian Stubbe Defendant

Kelvin Ng Kheng Choo Defendant

Lau Chun Wah @ Davy Lau Defendant

Salvatore Gregory Takoushian Defendant

Tan Wee Peng Defendant

Tarun Kataria Defendant

Viresh Ajeet Vaswani Plaintiff

Case Significance

Ajeet Gobindram Vaswani and another v Salvatore Gregory Takoushian and others [2023] SGHC 103 is a grounds of decision of Lee Seiu Kin J in the General Division of the High Court, delivered on 19 April 2023 in Suit No 384 of 2021 (Summons Nos 2545 and 2546 of 2022). On 28 September 2022, Lee Seiu Kin J dismissed the first defendant Salvatore Gregory Takoushian's applications seeking to restrain the other defendants from disclosing certain documents and from lifting redactions, on the ground that they were privileged. On 13 February 2023 the Appellate Division granted the first defendant leave to appeal, limited to whether there was a prima facie case of error in the court's assumption that privilege existed, and the grounds address only that issue of civil procedure privilege.

Summary

In a suit brought by Ajeet Gobindram Vaswani and another against Salvatore Gregory Takoushian and five others connected to a hospitality REIT, the first defendant sought to restrain other defendants from disclosing documents he claimed were privileged legal advice. On the limited question for which leave to appeal was granted, Lee Seiu Kin J held that even assuming privilege existed, the first defendant had impliedly waived it by pleading reliance on that advice in his Defence, and accordingly dismissed both summonses.

What did the court decide in Ajeet Gobindram Vaswani and another v Salvatore Gregory Takoushian and others [2023] SGHC 103?

Lee Seiu Kin J dismissed the first defendant Salvatore Gregory Takoushian's applications (Summons Nos 2545 and 2546 of 2022) to restrain the other defendants from disclosing documents he claimed were privileged. The decision was given on 28 September 2022.

What issue did the Appellate Division allow to be appealed in [2023] SGHC 103?

On 13 February 2023 the Appellate Division granted the first defendant leave to appeal limited to one question: whether there was a prima facie case of error in the court's approach of assuming that privilege existed over certain disputed documents.