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Sie Choon Poh (trading as Image Galaxy) v Amara Hotel Properties Pte Ltd [2008] SGHC 24
A judge hearing an appeal from an Assistant Registrar exercises a confirmatory jurisdiction and should be slow to disturb the AR's findings unless there are grounds to differ, especially where the decision involved witness examination.
Ser Kim Koi and Another v Fulton William Merrell and Others [2008] SGHC 23
The court has the power under O 20 r 8(1) of the Rules of Court to allow the amendment of a list of documents to correct mistakes, particularly where privileged documents were mistakenly included in Part 1 of Schedule 1, but there is no authority for deleting documents from a lis
Public Prosecutor v Barokah [2008] SGHC 22
In Public Prosecutor v Barokah [2008] SGHC 22, the High Court sentenced the accused to life imprisonment for culpable homicide. The court clarified that life sentences under section 304(a) are not limited to cases of mental impairment, emphasizing the risk of future violence over mitigation.
Yamashita Tetsuo v See Hup Seng Ltd [2008] SGHC 21
The court held that the Deed of Settlement should be construed as a whole, and that clause 5.2, which stipulates that 75% of the SHSH Convertible Loan shall be repaid in cash, is the operative clause. The convertibility feature has intrinsic commercial value, and the 25% discount
Chan Kum Hong Randy v Public Prosecutor [2008] SGHC 20
Inordinate prosecutorial delay that is not attributable to the offender can be a mitigating factor in sentencing, particularly where the offender has used the intervening period to rehabilitate.
British and Malayan Trustees Ltd and Another v Chng Heng Tee (alias Cheng Kim Tee) and Another [2008] SGHC 2
The court determined the distribution of income shares under a will, distinguishing between 'next of kin' and 'stirps' in the context of clause 6, and held that 15 shares devolved to the aunts (next of kin) while 25 shares fell into residue.
ComfortDelGro Engineering Pte Ltd v City Ken Pte Ltd [2008] SGHC 19
The court held that 'costs thrown away' is not the natural order for costs in an amendment application, and that 'reasonableness' is the guiding principle for such awards.
PT Tenar Indoam Oil Services v Third Wave Group Ltd [2008] SGHC 18
The court ruled that existing Agency Agreements did not automatically extend to new products. Instead, a separate Commission Agreement, established through oral communication and conduct, determined commission rates based on ex-Singapore pricing.
Lai Swee Lin Linda v Attorney-General [2008] SGHC 17
A letter to a judge requesting further arguments is not a 'step or proceeding' for the purposes of automatic discontinuance under O 21 r 2(6) of the Rules of Court unless such a process is mandated by law.
Public Prosecutor v Mohammed Ali bin Johari [2008] SGHC 16
In Public Prosecutor v Mohammed Ali bin Johari [2008] SGHC 16, the High Court convicted the accused of murder under s 300(c) of the Penal Code. The court rejected defences of genetic predisposition and accidental death, imposing the mandatory death sentence based on the intentional act of immersion.
United States Trading Co Pte Ltd v Ting Boon Aun and Another [2008] SGHC 15
A firm is liable under s 11(b) of the Partnership Act for the misapplication of money received in the course of its business, regardless of whether the other partners were aware of the fraud.
Law Society of Singapore v Rasif David [2008] SGHC 14
A solicitor who misappropriates client funds and fails to maintain proper accounting records in breach of the Solicitors' Accounts Rules will be struck off the roll for grossly improper conduct.
Hawley & Hazel Chemical Co (S) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13
Summary judgment should be granted to a plaintiff where the defendant has no defence to the claim, even if the defendant sets up a plausible counterclaim, with a stay of execution granted pending the trial of the counterclaim.
Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd [2008] SGHC 12
This case clarifies that in summary judgment proceedings under Order 14, a defendant is barred from relying on affidavit evidence that contradicts their formal pleadings. The court held that consistency between pleadings and evidence is essential unless an amendment is granted.
VV and Another v VW [2008] SGHC 11
The High Court dismissed the application to set aside an Arbitrator's costs award, ruling that arbitrators may rely on their own expertise to assess costs. The court found no breach of natural justice, affirming that disagreements over quantum do not constitute grounds for setting aside an award.
Public Prosecutor v Mohamad Norhazri bin Mohd Faudzi [2008] SGHC 10
The court held that a first-time offender charged with multiple serious offences may be denied the status of a first-time offender for sentencing purposes, and that consecutive sentences for multiple offences are appropriate in serious cases.
Lee Seng Cheong and Others v Seah Bak Seng [2008] SGHC 1
In contracts for the sale and purchase of securities traded in a securities exchange, time is generally of the essence of the contract, and where time is of the essence, the failure to deliver shares by the agreed date constitutes a breach of condition entitling the purchaser to
Public Prosecutor v Kamal Bin Kupli and Others [2007] SGHC 98
The court held that when death is caused in furtherance of a common intention to rob, all participants are liable for murder under s 34 of the Penal Code, regardless of who inflicted the fatal injury.
Public Prosecutor v Toh Lam Seng [2007] SGHC 95
The court held that the accused was guilty of rape and imposed a sentence of 16 years imprisonment and 10 strokes of the cane, considering his antecedents and the lack of remorse.
Travista Development Pte Ltd v Tan Kim Swee Augustine and Others [2007] SGHC 94
A party obliged to use 'best endeavours' must take all reasonable steps a prudent and determined person would take to achieve the result. Failure to do so precludes reliance on contractual provisions contingent on that result.
MacarthurCook Property Investment Pte Ltd and Another v Khai Wah Development Pte Ltd [2007] SGHC 93
The court held that the Option terminated automatically on 31 January 2007 because the conditions precedent were not satisfied by the end of the Satisfaction Period, and that the respondent was also entitled to terminate the Option under cl 2.4(b) due to unsatisfactory conditions
Yeo Loo Keng and Another v Tan Yew Lee Kevin and Others [2007] SGHC 92
The court held that CPF moneys and imputed interest are not 'allowable deductions' under s 84A(8)(a) of the Land Titles (Strata) Act for the purpose of determining financial loss in a collective sale, and that the CPF charge is redeemed upon refund of net sale proceeds to the CPF
Re Jiangshan Investment Consortium Ltd (in liquidation) [2007] SGHC 91
A liquidator holds funds as an officer of the court and not as a debtor to the contributories; therefore, such funds cannot be garnished. Furthermore, a 'Deed of Waiver Release and Instruction' can serve as a valid instruction to a liquidator regarding the distribution of surplus
Lau Hwee Beng and Another v Ong Teck Ghee [2007] SGHC 90
In Lau Hwee Beng v Ong Teck Ghee [2007] SGHC 90, the High Court dismissed both summary judgment and striking-out applications. The court clarified that striking out is limited to the face of pleadings and noted the procedural disadvantage defendants face regarding summary judgment in Singapore.