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Latest articles

Singapore

Law Society of Singapore v Bay Puay Joo Lilian [2007] SGHC 208

A solicitor who attempts to procure conveyancing work by offering referral fees is guilty of professional misconduct, even if the employment sought is fictitious.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Tan Guat Neo Phyllis [2007] SGHC 207

The court held that entrapment evidence is admissible in disciplinary proceedings and that the court has no discretion to exclude such evidence under the Evidence Act.

Sushant Shukla· ·14 min read
Singapore

Re Reliance National Asia Re Pte Ltd [2007] SGHC 206

The court has no jurisdiction to extend the time period for a creditor to file its proof of debt after a scheme of arrangement has been sanctioned by the court, as the scheme operates as a statutory contract.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Goh Lee Yin and Another Appeal [2007] SGHC 205

The High Court dismissed the Prosecution’s appeal in Public Prosecutor v Goh Lee Yin, affirming that rehabilitation, rather than incarceration, is the primary objective for offenders with diagnosed kleptomania. The court upheld the use of a fresh probation order despite a prior breach.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Wang Ziyi Able [2007] SGHC 204

In Public Prosecutor v Wang Ziyi Able [2007] SGHC 204, the High Court allowed the Prosecution's appeal, convicting the respondent under section 199 of the Securities and Futures Act. The Court ruled that the respondent lacked an honest belief in the truth of information disseminated online.

Sushant Shukla· ·8 min read
Singapore

Hanson Ingrid Christina and Others v Tan Puey Tze and Another Appeal [2007] SGHC 203

The High Court partially allowed the appeal in Hanson Ingrid Christina v Tan Puey Tze [2007] SGHC 203, revising dependency awards for the deceased's family. The court emphasized realistic working life projections and specific support periods over speculative income calculations.

Sushant Shukla· ·8 min read
Singapore

Letts Charles v Soh Kim Wat (alias Soh Kim Leng) [2007] SGHC 202

The court found that the loan was made to the company, not the defendant personally, and that the plaintiff was an unlicensed moneylender, rendering the loan unenforceable.

Sushant Shukla· ·13 min read
Singapore

Amanresorts Limited and Another v Novelty Pte Ltd [2007] SGHC 201

The court held that the tort of passing off was established where the defendant used an identical name for a residential project that was associated with the plaintiffs' well-known resort brand, creating a real risk of confusion and damage to goodwill.

Sushant Shukla· ·13 min read
Singapore

Low Ah Cheow and Others v Ng Hock Guan (personally and as executor/trustee of the estate of Ng Teow Yhee, deceased) [2007] SGHC 200

The plaintiffs failed to prove the existence of a secret trust because they could not establish that the testator intended to impose a binding legal obligation on the defendant, rather than a moral one, and the evidence provided was unreliable.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Ravi Madasamy [2007] SGHC 20

Rude and discourteous behaviour to the Bench by an advocate and solicitor constitutes misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.

Sushant Shukla· ·13 min read
Singapore

Chen Ter Cheng and Others v Po Chiak Keng (Tan Si Chong Su) and Others [2007] SGHC 2

The court will not interfere in the internal affairs of an association unless there is a breach of contract or fundamental legal issues, and discovery is only granted if relevant to a pending action.

Sushant Shukla· ·12 min read
Singapore

Re Lee Tung Co (Pte) Ltd [2007] SGHC 197

The High Court ordered the winding up of Lee Tung Co (Pte) Ltd on just and equitable grounds, citing an irretrievable breakdown in director relationships and management deadlock. The court emphasized that winding up is necessary to prevent protracted litigation in dysfunctional family companies.

Sushant Shukla· ·8 min read
Singapore

Koon Seng Construction Pte Ltd v Chenab Contractor Pte Ltd and Another [2007] SGHC 196

In Koon Seng Construction Pte Ltd v Chenab Contractor Pte Ltd [2007] SGHC 196, the High Court dismissed both the claim and counterclaim, ruling that the underlying share allotment was a sham designed to deceive the PSA, rendering the transaction unenforceable due to illegality.

Sushant Shukla· ·8 min read
Singapore

Po Chiak Keng Tan Si Chong Su v Goh Joo Heng [2007] SGHC 195

The court held that the defendant was in breach of contract by failing to pay suppliers and by failing to account for donations, justifying the termination of the agreement.

Sushant Shukla· ·13 min read
Singapore

Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd [2007] SGHC 194

The court held that the contract documents (Volumes I and II) were binding on the parties, and the plaintiff's claims based on oral representations contradicting these documents were rejected under the parol evidence rule.

Sushant Shukla· ·15 min read
Singapore

T2 Networks Pte Ltd v Nasioncom Sdn Bhd [2007] SGHC 193

A settlement agreement must be sufficiently definite to be enforceable, and a clause in a commercial contract providing for payment of a sum upon termination may be a penalty if it is not a genuine pre-estimate of loss.

Sushant Shukla· ·14 min read
Singapore

SeaCAD Technologies Pte Ltd v Tan Siew Meng Aaron and Another [2007] SGHC 192

In SeaCAD Technologies v Tan Siew Meng Aaron, the High Court dismissed claims of misuse of confidential information but upheld a breach of contract claim. The court applied the doctrine of estoppel by convention to enforce a poorly drafted non-competition clause based on the parties' intent.

Sushant Shukla· ·8 min read
Singapore

Tan Joy Hon and Others v Sassoon Samuel Bernard and Others [2007] SGHC 191

The Collective Sale Agreement (CSA) does not automatically terminate after 12 months if a contract for sale has been entered into; the sale committee's authority continues until the contract is performed or exhausted.

Sushant Shukla· ·15 min read
Singapore

Ng Swee Lang and Another v Sassoon Samuel Bernard and Others [2007] SGHC 190

The court held that procedural requirements in the Land Titles (Strata) Act should be interpreted purposively, and that non-compliance does not automatically invalidate a collective sale order unless it causes prejudice or frustrates the legislative purpose.

Sushant Shukla· ·14 min read
Singapore

Re Estate of Tan Kow Quee (alias Tan Kow Kwee) [2007] SGHC 19

A claim by a beneficiary against a personal representative may be barred by the doctrine of laches even if no statutory limitation period applies, where the delay is substantial and it would be unconscionable to enforce the claim.

Sushant Shukla· ·13 min read
Singapore

Ganesh s/o M Sinnathamby v Public Prosecutor [2007] SGHC 189

In Ganesh s/o M Sinnathamby v Public Prosecutor [2007] SGHC 189, the High Court substituted custodial sentences with a $24,000 fine. The court ruled that an offender's discharge from bankruptcy warrants a departure from the Choong Kian Haw sentencing tariff, as fines regain their punitive efficacy.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Yusry Shah bin Jamal [2007] SGHC 188

The court held that while rehabilitation is a dominant consideration for young offenders, it must be balanced against the need for deterrence, especially where the offence is serious and the offender has committed a further offence while on bail.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohammad Al-Ansari bin Basri [2007] SGHC 187

This case examines the balance between rehabilitation and deterrence for young offenders. While rehabilitation is the primary focus, serious crimes may still warrant custodial sentences to serve as a deterrent. The court emphasizes that probation is not an automatic right.

Sushant Shukla· ·11 min read
Singapore

VB v VC [2007] SGHC 186

The decision in [2007] SGHC 186 represents a significant judicial exercise of the "broad brush" approach in the division of matrimonial assets and the determination of maintenance within the context of an acrimonious divorce. The proceedings involved VB (the Petitioner/Wife) and

Sushant Shukla· ·13 min read