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Latest articles

Singapore

Lee Hsien Loong v Review Publishing Co Ltd and Another and Another Suit [2007] SGHC 24

The court held that the burden of proving that service of process was effected in an appropriate manner lies with the plaintiff seeking to serve out of jurisdiction, and that the Treaty on Judicial Assistance between Singapore and the PRC does not extend to Hong Kong.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Fernando Payagala Waduge Malitha Kumar [2007] SGHC 23

Credit card offences warrant deterrent sentences, with the starting point for non-syndicated stolen/misappropriated credit card offences being 12 to 18 months' imprisonment.

Sushant Shukla· ·14 min read
Singapore

International Connex Holdings Pte Ltd v Chan Shing On and Others [2007] SGHC 228

In International Connex Holdings Pte Ltd v Chan Shing On [2007] SGHC 228, the High Court dismissed most claims against the director, affirming that nominee directors must act in the company's best interest. The court ordered limited disclosure of financial reports and imposed personal costs.

Sushant Shukla· ·8 min read
Singapore

City Developments Ltd v Chief Assessor [2007] SGHC 227

The Chief Assessor has wide discretion under s 2(3) of the Property Tax Act to assess annual value based on 5% of the estimated land value for redevelopment sites, provided the discretion is exercised fairly and based on relevant factors.

Sushant Shukla· ·13 min read
Singapore

Attorney-General v Tee Kok Boon [2007] SGHC 226

Section 74(1) of the Supreme Court of Judicature Act applies to both civil and criminal proceedings, and the High Court has the power to restrain a vexatious litigant from instituting or continuing criminal proceedings without leave.

Sushant Shukla· ·15 min read
Singapore

Liew Chui Fong (mw) v Yew Kok Chin [2007] SGHC 225

The court applied a broad-brush approach to divide matrimonial assets 60/40 in favour of the husband, considering both financial and non-financial contributions under s 112 of the Women's Charter, and ordered maintenance of $700 per month given the husband's ill health.

Sushant Shukla· ·13 min read
Singapore

Ahuja Vivek Gopaldas and Another v Sukanda Sutisna [2007] SGHC 224

The court held that the defendant had granted a valid option to purchase with a 14-day expiry period, and that the plaintiffs had validly exercised it.

Sushant Shukla· ·12 min read
Singapore

Lau Yu Man v Wellmix Organics (International) Pte Ltd [2007] SGHC 223

The court ordered the winding up of a company under s 254(1)(c) of the Companies Act because it had suspended business for more than five years and failed to comply with a court order to rectify breaches within a granted extension of time.

Sushant Shukla· ·14 min read
Singapore

NTUC Co-operative Insurance Commonwealth Enterprise Ltd v Chiang Soong Chee [2007] SGHC 222

The court held that the disability benefit clause in the life insurance policy contained only one requirement for total and permanent disability (TPD), which was defined as the inability to engage in any work, occupation, or profession. The court adopted a strict interpretation o

Sushant Shukla· ·13 min read
Singapore

VH v VI and Another [2007] SGHC 221

A stay of proceedings on the ground of forum non conveniens will not be granted where the defendant has submitted to the jurisdiction and failed to establish that the foreign forum is clearly more appropriate.

Sushant Shukla· ·12 min read
Singapore

Exim & Manufacturing Holdings Pte Ltd v Fintex Industries Pte Ltd [2007] SGHC 220

The court held that the defendant had fulfilled its contractual obligations in the baking process and that a limitation of liability clause was an implied term of the contract based on the course of dealings.

Sushant Shukla· ·13 min read
Singapore

Sin Lian Heng Construction Pte Ltd v Singapore Telecommunications Ltd [2007] SGHC 22

The 'without prejudice' privilege applies to communications made in the course of negotiations to settle a dispute, including the 'first shot' in such negotiations, even if not expressly marked 'without prejudice'.

Sushant Shukla· ·13 min read
Singapore

Auston International Group Ltd v Public Prosecutor [2007] SGHC 219

The court held that while a company is liable for the acts of its directors in publishing a false prospectus, the motives of the director should not be automatically attributed to the company for sentencing purposes, especially where the company has self-reported and cooperated.

Sushant Shukla· ·11 min read
Singapore

Koh Siang Hong v Hum Weng Fong [2007] SGHC 218

The court held the defendant liable for two-thirds of the damages in a collision case, finding the defendant more culpable for failing to maintain proper lookout and speed despite wet road conditions.

Sushant Shukla· ·15 min read
Singapore

Ng Chee Tiong Tony v Public Prosecutor [2007] SGHC 217

A trial judge must not descend into the arena by assuming an inquisitorial role, as this impairs the judge's ability to dispassionately evaluate evidence and renders the trial unfair.

Sushant Shukla· ·12 min read
Singapore

Dynamic Investments Pte Ltd v Lee Chee Kian Silas and Others [2007] SGHC 216

The question of whether a collective sale transaction is 'not in good faith' under s 84A(9) of the Land Titles (Strata) Act is a question of mixed law and fact, and the Board's finding on this issue cannot be challenged on appeal unless there is an error of law.

Sushant Shukla· ·14 min read
Singapore

Oei Tjiong Bin and Another v Tsu Soo Sin and Another Suit [2007] SGHC 215

The court held that the father had validly assigned the chose in action (the right to repayment of loans) to the plaintiff via an equitable assignment, as the father's intent was clear and notice was given to the plaintiff.

Sushant Shukla· ·13 min read
Singapore

Yip Mei Ling Agnes v Tan Thiam Chye [2007] SGHC 214

The court held that a material change in circumstances justifying a variation of maintenance orders must be substantial and not merely based on pre-existing conditions or voluntary financial decisions.

Sushant Shukla· ·14 min read
Singapore

Lee Kim Kiat v Lee Biow Neo and Others [2007] SGHC 213

The court held that the plaintiff failed to prove the existence of an alleged contribution agreement or an express trust, and that the requirements of s 7(1) of the Civil Law Act were not met. Furthermore, the court found no basis for a purchase money resulting trust as the conve

Sushant Shukla· ·14 min read
Singapore

Tay Eng Chuan v Ace Insurance Ltd [2007] SGHC 212

Compliance with an arbitration clause is a condition precedent to establishing liability under the insurance policy; where the right to arbitrate is extinguished, the claimant cannot bypass the arbitration clause by commencing a legal action in court.

Sushant Shukla· ·12 min read
Singapore

TCL Industries (Malaysia) Sdn Bhd v ICC Chemical Corp [2007] SGHC 211

A party seeking specific discovery must satisfy the twin pillars of relevance and sufficient necessity for the fair disposal of the matter, and cannot use discovery as a 'fishing' expedition.

Sushant Shukla· ·14 min read
Singapore

Tan Hee Liang v Chief Assessor and Another [2007] SGHC 210

In Tan Hee Liang v Chief Assessor [2007] SGHC 210, the High Court affirmed that sinking fund contributions and special levies are included in gross rental for annual value assessments, unless proven to be for services distinct from property occupation.

Sushant Shukla· ·8 min read
Singapore

Pan United Marine Ltd v Chief Assessor [2007] SGHC 21

Floating dry docks fall within the definition of 'building' in s 2(1) of the Property Tax Act and are assessable as part of the land if they are sufficiently annexed to the property and enhance its value.

Sushant Shukla· ·12 min read
Singapore

Law Society of Singapore v Liew Boon Kwee James [2007] SGHC 209

The court held that circumstantial evidence, including the respondent's silence and failure to call witnesses, was sufficient to prove the charges of touting beyond a reasonable doubt.

Sushant Shukla· ·13 min read