§

Latest articles

Singapore

Dante Yap Go v Bank Austria Creditanstalt AG [2007] SGHC 69

In Dante Yap Go v Bank Austria Creditanstalt AG [2007] SGHC 69, the High Court dismissed a discovery application, ruling that requests must be tethered to pleaded issues. The court rejected the 'fishing expedition' attempt, awarding $2,000 in costs due to procedural non-compliance.

Sushant Shukla· ·7 min read
Singapore

Re Shankar Alan s/o Anant Kulkarni and Another Application [2007] SGHC 68

The High Court has the inherent power to order costs in proceedings where a Disciplinary Committee's findings have been quashed, even if the Disciplinary Committee itself lacks the statutory power to award costs against itself.

Sushant Shukla· ·16 min read
Singapore

Tipper Corp Pte Ltd v JTC Corporation [2007] SGHC 67

A claim for negligent misrepresentation fails if the alleged representation is a statement of future intention rather than existing fact, and if the representee fails to prove the representation was made.

Sushant Shukla· ·14 min read
Singapore

Re Wee Soon Kim Anthony [2007] SGHC 66

A High Court judge has no jurisdiction to set aside the judgment of another High Court judge; such allegations must be raised before a superior court.

Sushant Shukla· ·14 min read
Singapore

Lee Kuan Tat v Public Prosecutor [2007] SGHC 65

The court held that the appellant, as the initiator and financier of an illegal moneylending operation, deserved a heavier sentence than his co-accused, and that a 40-month default imprisonment sentence for fines totaling $300,000 was justified given the appellant's criminal ante

Sushant Shukla· ·13 min read
Singapore

NCC International AB v Alliance Concrete Singapore Pte Ltd [2007] SGHC 64

The court will not grant an interlocutory mandatory injunction where the plaintiff has failed to demonstrate a need for urgent intervention and has bypassed the agreed dispute resolution process.

Sushant Shukla· ·13 min read
Singapore

Management Corporation Strata Title Plan No 2504 v Hyundai Engineering & Construction Co Ltd and Another [2007] SGHC 63

The High Court ruled on the maintenance duties of MCST 2504 regarding Thomson 800 windows, clarifying that statutory regimes in force at the time of the alleged failure govern common property classification, even after the transition to the BMSMA.

Sushant Shukla· ·8 min read
Singapore

New Health International, Inc v Tan Hoo Kim [2007] SGHC 62

In New Health International, Inc v Tan Hoo Kim [2007] SGHC 62, the High Court dismissed the plaintiff's claim, ruling the defendant was not contractually liable. The court looked beyond invoices to the actual commercial relationship, emphasizing that objective conduct defines contractual roles.

Sushant Shukla· ·8 min read
Singapore

Fernandez Joseph Ferdinent v Public Prosecutor [2007] SGHC 60

The duty to stop after an accident under s 84(1) of the Road Traffic Act is an immediate duty that must be performed voluntarily; stopping under coercion does not satisfy the duty. Furthermore, the offence of failing to render assistance is complete the moment the driver drives o

Sushant Shukla· ·12 min read
Singapore

Murakami Takako v Wiryadi Louise Maria and Others [2007] SGHC 6

A foreign judgment in rem is not subject to the 6-year limitation period under the Limitation Act. Furthermore, foreign courts have jurisdiction to determine the succession to movables wherever situated of a testator dying domiciled in that country, and such adjudication is bindi

Sushant Shukla· ·14 min read
Singapore

Weir Warman Ltd v Research & Development Pty Ltd [2007] SGHC 59

The court held that where parties have concurrent contractual rights to use a trade mark in non-exclusive territories, they also have concurrent implied rights to register and protect that mark. The absence of manufacturing rights in the place of registration does not preclude th

Sushant Shukla· ·13 min read
Singapore

Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline [2007] SGHC 58

A district judge sitting as a Settlement Judge in a Court Dispute Resolution (CDR) conference does not have the jurisdiction or judicial power to issue an order of court or consent judgment, as the CDR conference is not a court proceeding.

Sushant Shukla· ·15 min read
Singapore

Gobi Nadhan a/l Balakrishnan v Tan Chin Sian [2007] SGHC 57

The court apportioned liability for a traffic accident, finding the defendant liable but attributing 15% contributory negligence to the plaintiff.

Sushant Shukla· ·11 min read
Singapore

Kwek Peck Ying v Loh Kwang Chay (Chen Hui Jie, Third Party) [2007] SGHC 56

The court found the defendant wholly liable for a traffic accident after rejecting his testimony and evidence of his guilty plea to dangerous driving.

Sushant Shukla· ·13 min read
Singapore

Comboni Vincenzo and Another v Shankar's Emporium (Pte) Ltd [2007] SGHC 55

A recipient of funds is not liable as a constructive trustee for knowing receipt unless their conscience is affected by knowledge of the fraud or breach of trust, and the Baden categories of knowledge are not a substitute for the test of unconscionability.

Sushant Shukla· ·15 min read
Singapore

Sakthivel Punithavathi v Public Prosecutor [2007] SGHC 54

The appellate court set aside the conviction because the trial judge failed to properly evaluate the evidence, specifically by relying on demeanour rather than objective facts and by failing to address inconsistencies in the complainant's testimony.

Sushant Shukla· ·12 min read
Singapore

Oversea-Chinese Banking Corporation Ltd v Lulla-Motion (S) Pte Ltd [2007] SGHC 53

The court held that there was no reason to set aside orders made in the absence of the defendants where the defendants' absence was not caused by the plaintiff's conduct.

Sushant Shukla· ·12 min read
Singapore

Credit Suisse v Lim Soon Fang Bryan [2007] SGHC 52

The court held that an order for a letter of request to examine witnesses abroad is a matter of judicial discretion, and the overarching question is whether the order is necessary for the purposes of justice. Cross-interrogatories are a form of cross-examination within the meanin

Sushant Shukla· ·14 min read
Singapore

Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd [2007] SGHC 51

The court held that the further evidence did not establish that the Bartec patent was invalid due to prior use, as the alleged admissions were merely commercial bluffs made during royalty negotiations.

Sushant Shukla· ·15 min read
Singapore

Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50

The judgment in Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50 constitutes a seminal exploration of the "loss of chance" doctrine within the Singapore legal landscape, specifically concerning the assessment of damages following a

Sushant Shukla· ·21 min read
Singapore

Wong Bark Chuan David v Man Financial (S) Pte Ltd [2007] SGHC 5

In Wong Bark Chuan David v Man Financial (S) Pte Ltd [2007] SGHC 5, the High Court ruled in favour of the plaintiff, holding that restrictive covenants were not the sole consideration for compensation and that compliance requirements were not unenforceable penalties.

Sushant Shukla· ·8 min read
Singapore

Jaya Sarana Engineering Pte Ltd v GIB Automation Pte Ltd [2007] SGHC 49

In Jaya Sarana Engineering v GIB Automation [2007] SGHC 49, the High Court ruled that the plaintiff substantially performed its obligations. The court awarded the balance contract sum, rejecting most of the defendant's unsubstantiated counterclaims while allowing deductions for specific omissions.

Sushant Shukla· ·8 min read
Singapore

GIB Automation Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2007] SGHC 48

The court held that a 'back-to-back' provision in a construction sub-contract does not automatically incorporate all terms of the main contract, and that a party terminating a contract based on its own erroneous interpretation of such terms does so at its own peril.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik [2007] SGHC 47

The court held that the admission of a statement (P73) did not provide sufficient evidence to alter the previous conviction and acquittal findings, as the statement did not resolve doubts regarding the complainant's evidence.

Sushant Shukla· ·12 min read