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Canberra Development Pte Ltd v Mercurine Pte Ltd [2007] SGHC 185
In Canberra Development Pte Ltd v Mercurine Pte Ltd [2007] SGHC 185, the High Court reinstated a default judgment, ruling that the defendant's tactical delay and failure to challenge the judgment promptly precluded it from obtaining relief, despite claims of a separate compromise agreement.
Public Prosecutor v Chan Soi Peng [2007] SGHC 184
In Public Prosecutor v Chan Soi Peng [2007] SGHC 184, the court sentenced the accused to three years and nine months imprisonment for culpable homicide, prioritizing the mitigating impact of persistent provocation over the accused's post-offence flight and conduct.
Ng Gino Ernest v Triathlon Association of Singapore [2007] SGHC 183
The court granted leave to apply for judicial review of the respondent's selection decision, finding that the applicant had made out a case requiring a response regarding potential breaches of natural justice.
Ong Chay Tong & Sons (Pte) Ltd v Ong Hoo Eng and Another [2007] SGHC 182
A right of first refusal is a caveatable interest, but it can be extinguished by a subsequent board resolution that replaces the original terms of the right.
Blenwel Agencies Pte Ltd v Tan Lee King [2007] SGHC 181
There should be no leave to appeal against an order refusing leave to appeal to ensure finality in matters and prevent excessive litigation.
Public Prosecutor v Norezam bin Mohsin and Others [2007] SGHC 180
Parity in sentencing between cases of broadly similar facts is desirable but not an overriding principle, and personal circumstances of each accused must be considered.
Colliers International (Singapore) Pte Ltd v Senkee Logistics Pte Ltd [2007] SGHC 18
An agent is not entitled to commission unless their services were the effective cause of the transaction, and a contractual relationship must be established.
Susilawati v American Express Bank Ltd [2007] SGHC 179
A bank does not owe a fiduciary duty to a customer in a suretyship transaction unless there is evidence of overreaching or conflict of interest, and the presumption of undue influence does not arise simply from a relationship of trust and confidence without evidence of ascendancy
Re Millar Gavin James QC [2007] SGHC 178
The High Court dismissed an application to admit a Queen's Counsel in a libel suit, ruling that the case lacked the complexity required under the Legal Profession Act. The court affirmed that local Senior Counsel are fully capable, rejecting the 'equality of arms' argument for foreign admission.
Public Prosecutor v Mohamed Fadzli bin Abdul Rahim [2007] SGHC 177
The court held that in sentencing for multiple rape and robbery offences, the totality principle and the one-transaction principle apply to ensure the overall sentence is not crushing while reflecting the gravity of the offences.
Viking Airtech Pte Ltd v Foo Teow Keng and Another [2007] SGHC 176
A director who diverts business opportunities from their company to a competing company in which they have an interest acts in breach of their fiduciary duties.
Metro Alliance Holdings & Equities Corp v WestLB AG [2007] SGHC 175
The court held that the assignment of assets was not a condition precedent to the payment of the balance purchase price, and that the defendant was entitled to forfeit the deposit upon the plaintiff's failure to pay by the settlement date.
Siow Doreen and Others v Lo Pui Sang and others (Horizon Partners Pte Ltd, first intervener, and Reghenzani Claude Augustus and others, second interveners) [2007] SGHC 174
The High Court held that the Strata Titles Board has the power to allow amendments to an application for an en bloc sale to correct defects, and that it should not dismiss an application on the basis of a defect without hearing the merits if the defect is not material.
UOL Development (Novena) Pte Ltd v Commissioner of Stamp Duties [2007] SGHC 173
Stamp duty on an en bloc sale is assessed on the global purchase price as a single transaction, regardless of the number of individual letters of acceptance.
AmBank (M) Berhad v Raymond Yong Kim Yoong [2007] SGHC 172
For debts incurred outside Singapore, a bankruptcy application requires a judgment that is enforceable by execution in Singapore; if leave of court is required to enforce the judgment, it must be obtained before the bankruptcy application can be presented.
Asirham Investment Pte Ltd v JSI Shipping (S) Pte Ltd [2007] SGHC 171
A tenancy agreement is valid and binding if it contains all material terms (parties, property, term, rental), even if a referenced floor plan is missing. A party's demand for a refund and threat of legal action constitutes a repudiatory breach.
Reindeer Developments Inc v Mindpower Innovations Pte Ltd [2007] SGHC 170
A valid contract for the sale of land can exist without a formal signed option if the 'three Ps' (property, price, parties) are identified and there is a sufficient note or memorandum in writing satisfying s 6(d) of the Civil Law Act.
Econ Piling Pte Ltd v NCC International AB [2007] SGHC 17
A subsequent agreement with a court-exclusive dispute resolution clause supersedes an earlier arbitration agreement in a related contract where the two are inconsistent.
Nagase Singapore Pte Ltd v Ching Kai Huat and Others [2007] SGHC 169
A company and its controlling director can be held liable for the tort of conspiracy by unlawful means to injure a third party, notwithstanding that the director may be the moving spirit of the company.
Tan Siew Bin Ronnie v Chin Wee Keong [2007] SGHC 168
The court affirmed the assessment of damages for whiplash injury and loss of earning capacity, while adjusting the interest rate on the general damages award.
Siow Doreen and Others v Lo Pui Sang and Others (Horizon Partners Pte Ltd, first intervener, and Reghenzani Claude Augustus, second intervener) [2007] SGHC 167
The court held that it was just and convenient to allow the purchaser and a group of consenting subsidiary proprietors to intervene in an appeal against the Strata Titles Board's decision, as their interests were connected to the outcome of the appeal.
Kay Swee Pin v Singapore Island Country Club [2007] SGHC 166
The court's role in reviewing decisions of domestic tribunals is limited to ensuring natural justice and adherence to the club's rules, and it does not sit on appeal to review the evidence or resolve factual issues.
Go Go Delicacy Pte Ltd v Carona Holdings Pte Ltd and Others [2007] SGHC 165
A defendant is not automatically exempt from filing a defence while a stay application is pending; they should apply for an extension of time or bring forward the stay application hearing.
Chia Kok Kee v HX Investment Pte Ltd (So Lai Har (alias Chia Choon), third party in issue) (Tan Wah, third party in counterclaim) [2007] SGHC 164
The court held that HX Investment Pte Ltd was a commercial vehicle used by the parties to channel their investment in a joint venture, and that the terms of the oral agreement between the parties were a 60:40 split in shareholding between the defendant and the plaintiff.