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Latest articles

Singapore

Abe Isaac (Pte) Ltd v Marieta Montalba Pacudan and Another [2007] SGHC 46

In Abe Isaac (Pte) Ltd v Marieta Montalba Pacudan [2007] SGHC 46, the High Court partially allowed the plaintiff's claims for rental arrears and indemnity costs. The court ordered a partial refund of the security deposit to the defendant, noting the plaintiff's reliance on unreliable evidence.

Sushant Shukla· ·8 min read
Singapore

LF Construction Pte Ltd v Yeo Pia Thian (trading as System Aluminium Works) [2007] SGHC 45

A formal contract entered into after work has begun can have retrospective and prospective contractual effect, and in the absence of fraud or misrepresentation, a party is bound by a signed document regardless of whether they read it.

Sushant Shukla· ·13 min read
Singapore

Lee Nyuk Lian v Lim Nia Yong [2007] SGHC 44

In Lee Nyuk Lian v Lim Nia Yong [2007] SGHC 44, the Court rejected a narrow view of matrimonial assets, ordering a 60/40 split. It emphasized that non-monetary contributions, such as caregiving and business support, are vital in determining an equitable division of assets in a marriage.

Sushant Shukla· ·8 min read
Singapore

Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck and Another [2007] SGHC 43

In Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck [2007] SGHC 43, the High Court struck out the plaintiff's action, ruling that an exclusive licensee lacking the requisite title to sue cannot use procedural joinder rules to cure a fundamental defect in the cause of action.

Sushant Shukla· ·9 min read
Singapore

Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] SGHC 42

Equitable set-off requires a close and inseparable connection between claims, which is not established merely by a long-standing commercial relationship or the fact that goods were shipped on the same vessel.

Sushant Shukla· ·12 min read
Singapore

Mitsui OSK Lines Ltd v Samudera Shipping Line Ltd [2007] SGHC 41

The court has the power to stay proceedings in the High Court to prevent a multiplicity of actions, even where s 6 of the Arbitration Act does not apply because the plaintiff in the court action is not a party to the arbitration agreement.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lim Ah Seng [2007] SGHC 40

In Public Prosecutor v Lim Ah Seng [2007] SGHC 40, the High Court emphasized a holistic sentencing approach for culpable homicide, rejecting rigid minimums. The court imposed a 30-month sentence, citing the accused's lack of premeditation and a history of severe spousal abuse as mitigating factors.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Lee Chez Kee [2007] SGHC 4

The court held that out-of-court confessions of a co-accused not party to the proceedings are admissible under s 378(1)(b)(i) of the Criminal Procedure Code, provided the requirement of voluntariness is met.

Sushant Shukla· ·12 min read
Singapore

S Y Technology Inc v Pacific Recreation Pte Ltd [2007] SGHC 39

A deed of indemnity is a primary obligation and is not dependent on the validity of the underlying contract, especially when the deed is governed by a system of law that recognises the concept of indemnity.

Sushant Shukla· ·14 min read
Singapore

Ngiam Kong Seng and Another v CityCab Pte Ltd and Another [2007] SGHC 38

The court dismissed the plaintiffs' claims for personal injuries and psychiatric trauma, finding that the accident was caused by the first plaintiff's own negligence and that the second plaintiff's claim for psychiatric injury was too remote.

Sushant Shukla· ·14 min read
Singapore

Law Society of Singapore v Tan Sok Ling [2007] SGHC 37

A solicitor who commits breaches of the Solicitors' Accounts Rules due to gross inefficiency rather than dishonesty may be suspended from practice rather than struck off, provided no client loss occurred.

Sushant Shukla· ·14 min read
Singapore

Sysma Construction Pte Ltd v EK Developments Pte Ltd [2007] SGHC 36

The court held that where a voluntary winding up has commenced, a compulsory winding up order will not be granted unless there is a good reason to override the wishes of the majority of creditors.

Sushant Shukla· ·14 min read
Singapore

Law Society of Singapore v Seah Li Ming Edwin and Another [2007] SGHC 35

Lawyers who act in conflict of interests and enable unauthorised persons to perform legal work are liable to suspension from practice, even in the absence of dishonesty, to protect public interest and maintain professional standards.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Lim Ah Liang [2007] SGHC 34

In Public Prosecutor v Lim Ah Liang [2007] SGHC 34, the court imposed a life sentence, ruling that the accused's chronic psychiatric condition and high risk of re-offending necessitated custodial incapacitation to ensure public safety and consistent medical compliance.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Law Aik Meng [2007] SGHC 33

Deterrence is the primary sentencing consideration for sophisticated, syndicated ATM fraud, and consecutive sentences are appropriate for multiple distinct offences to reflect the gravity of the criminal enterprise.

Sushant Shukla· ·13 min read
Singapore

Management Corporation of Grange Heights Strata Title No 301 v Lee Tat Development Pte Ltd [2007] SGHC 32

This case affirms that the owner of a dominant tenement is entitled to repair and maintain a right of way at their own expense. This legal right extends beyond simple maintenance to include making necessary improvements to the access path.

Sushant Shukla· ·14 min read
Singapore

Ng Chin Siau and Others v How Kim Chuan [2007] SGHC 31

In Ng Chin Siau v How Kim Chuan [2007] SGHC 31, the High Court dismissed an application for leave to appeal, affirming the finality of arbitral findings. The court rejected attempts to re-litigate issues or challenge valuation methods that were inconsistent with the parties' prior conduct.

Sushant Shukla· ·8 min read
Singapore

Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and Others [2007] SGHC 30

The court held that capitalised interest payments do not constitute an actual loss recoverable as damages for breach of contract, as they are an accounting procedure rather than a change in the nature of the interest to capital.

Sushant Shukla· ·12 min read
Singapore

Asia Polyurethane Mfg Pte Ltd v Tandjung Marketing International Pte Ltd [2007] SGHC 3

In Asia Polyurethane Mfg Pte Ltd v Tandjung Marketing International Pte Ltd [2007] SGHC 3, the High Court dismissed both the claim and counterclaim due to failures in pleading and evidentiary gaps, emphasizing the necessity of formally pleading all defenses in civil litigation.

Sushant Shukla· ·8 min read
Singapore

Anwar Siraj and Another v Teo Hee Lai Building Construction Pte Ltd [2007] SGHC 29

The High Court dismissed the plaintiffs' appeal in Anwar Siraj v Teo Hee Lai Building Construction, affirming a stay of proceedings in favour of arbitration. The court ruled that allegations of fraud no longer provide a statutory basis to refuse a stay under the current Arbitration Act.

Sushant Shukla· ·7 min read
Singapore

Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2007] SGHC 28

The court held that the parties had reached a settlement to discontinue the action on the basis of the defendant's costs for the preliminary issues and the appeal, but not the costs of the main action.

Sushant Shukla· ·14 min read
Singapore

Rabiah Bee Bte Mohamed Ibrahim v Salem Ibrahim [2007] SGHC 27

The court held that the relationship between the siblings was a partnership because the venture involved a series of property transactions over an indefinite period with defined roles, rather than a single isolated transaction.

Sushant Shukla· ·15 min read
Singapore

Lee Kok Yong v Lee Guek Hua (alias Li Yuehua) [2007] SGHC 26

An order for the division of matrimonial property is generally a one-off order and not of a continuing nature, and therefore cannot be varied under s 112(4) of the Women's Charter unless it is a continuing order as specified in s 112(5).

Sushant Shukla· ·13 min read
Singapore

Ng Hock Heng v Looi Kok Poh and Another [2007] SGHC 25

The court held that a workman is not precluded by s 18(a) of the Workmen's Compensation Act from claiming damages against a doctor or hospital for injuries caused by negligent medical treatment, as such injuries do not arise out of and in the course of employment.

Sushant Shukla· ·13 min read