§

Latest articles

Singapore

Public Prosecutor v Teo Chwee Kow [2007] SGHC 163

In Public Prosecutor v Teo Chwee Kow, the High Court of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Mitigation.

Sushant Shukla· ·4 min read
Singapore

Management Corporation Strata Title Plan No 2677 v Hock Chuan Ann Construction Pte Ltd (in liquidation) [2007] SGHC 162

In Management Corporation Strata Title Plan No 2677 v Hock Chuan Ann Construction Pte Ltd (in liquidation), the High Court of the Republic of Singapore addressed issues of Insolvency Law — Winding up.

Sushant Shukla· ·4 min read
Singapore

Malayan Banking Berhad v Sivakolunthu Thirunavukarasu and Others [2007] SGHC 161

In Malayan Banking Berhad v Sivakolunthu Thirunavukarasu [2007] SGHC 161, the High Court upheld the indefeasibility of title under the Land Titles Act, ruling that the defendants failed to prove fraud or wilful blindness. The court granted judgment for the plaintiff and dismissed the counterclaim.

Sushant Shukla· ·7 min read
Singapore

Erect Scaffolding Pte Ltd v Hor Kew Pte Ltd [2007] SGHC 160

The measure of damages for conversion of scaffolding is a reasonable sum for hire during the period of detention, calculated based on bulk rental rates rather than individual component rates.

Sushant Shukla· ·14 min read
Singapore

Awyong Shi Peng v Lim Siu Lay [2007] SGHC 16

The court has discretion to set aside a default judgment without imposing onerous conditions that would effectively deprive a defendant of the right to defend the claim, especially where the defendant did not deliberately ignore the proceedings.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Loqmanul Hakim bin Buang [2007] SGHC 159

The court held that offences committed by law enforcement or security officers, even if outside the scope of their official duties, may be aggravated if they involve an abuse of the trust reposed in them. Furthermore, committing an offence while on bail is an aggravating factor t

Sushant Shukla· ·14 min read
Singapore

Lian Kok Hong v Ow Wah Foong and Another [2007] SGHC 158

In Lian Kok Hong v Ow Wah Foong [2007] SGHC 158, the High Court dismissed the plaintiff's claim as time-barred. The court ruled that a cause of action for indemnity accrues when a party faces a credible challenge, not upon the final adjudication of that challenge in arbitration.

Sushant Shukla· ·8 min read
Singapore

Fibresteel Industries Pte Ltd v Radovic Dragoslav [2007] SGHC 157

The court has discretion to order security for costs under s 388 of the Companies Act even if the application is made before the Defence is filed, provided it is just to do so after considering all circumstances, including the strength of the claim.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Tan Chwee Wan Allan [2007] SGHC 156

A solicitor who commits technical breaches of the Solicitors' Accounts Rules due to carelessness in staff supervision, but without dishonesty, may be censured rather than suspended or struck off, especially if they have voluntarily ceased practice.

Sushant Shukla· ·13 min read
Singapore

Chee Soon Juan v Public Prosecutor [2007] SGHC 155

Section 131(2) of the Bankruptcy Act is a strict liability offence regarding the requirement of Official Assignee permission to leave the country, and a bankrupt's mistaken belief that permission was granted does not constitute a valid defence unless there are specific circumstan

Sushant Shukla· ·13 min read
Singapore

Brightway Petrochemical Group Singapore Pte Ltd v Ang Lily [2007] SGHC 154

The High Court allowed the appeal in Brightway Petrochemical Group v Ang Lily, ruling the Assistant Commissioner for Labour lacked jurisdiction as the respondent was not a 'workman' under the Employment Act. The court set aside the order and made no order as to costs due to the late jurisdictional o

Sushant Shukla· ·8 min read
Singapore

Beckkett Pte Ltd v Deutsche Bank AG and Another [2007] SGHC 153

In Beckkett Pte Ltd v Deutsche Bank AG, the High Court found the bank breached its duties as a pledgee in selling shares but awarded only nominal damages of $1,000 as the plaintiff failed to prove the shares were sold at an undervalue. Conspiracy claims were dismissed.

Sushant Shukla· ·8 min read
Singapore

ET v ES [2007] SGHC 152

Income generated during the marriage from assets that are not matrimonial assets constitutes a matrimonial asset under s 112(10)(b) of the Women's Charter.

Sushant Shukla· ·13 min read
Singapore

Teck Jin (Pte) Ltd v Tan Kim Seng [2007] SGHC 151

The defendant, as trustee of shares for the plaintiff, is obliged to account for all benefits accruing from that shareholding, including bonus and rights issues, unless an agreement to the contrary is proven.

Sushant Shukla· ·13 min read
Singapore

Au Kin Chung v Ho Kit Joo [2007] SGHC 150

The court affirmed the division of matrimonial assets, noting that adverse inferences can be drawn against a party for non-disclosure, and that the court has discretion to award a higher proportion of assets to the other party as a result.

Sushant Shukla· ·13 min read
Singapore

Ari bin Abdullah (by his committee of person and estate, Sariah bte Tarmon and another) v Ong Chwee Siew (Farida bte Umar (administratrix of the estate of Mohd Hussin bin Ismail, deceased) (third party) [2007] SGHC 15

A defendant's criminal conviction for negligent driving is admissible in civil proceedings to prove negligence under s 45A of the Evidence Act, and a driver who fails to give way at a junction is solely liable for resulting accidents.

Sushant Shukla· ·13 min read
Singapore

Man Mohan Singh s/o Jothirambal Singh and Another v Dilveer Singh Gill s/o Shokdarchan Singh and Another [2007] SGHC 149

Damages for nervous shock require proof of a recognisable psychiatric illness, and fertility treatment costs are too remote a consequence of negligence in a road accident.

Sushant Shukla· ·12 min read
Singapore

Ng Chan Teng v Keppel Singmarine Dockyard Pte Ltd [2007] SGHC 148

The court held that when a defendant consents to an interlocutory judgment at a certain percentage of liability, they are bound to pay that percentage of the damages assessed, and the statutory limit of the District Court only applies to cap the final amount ordered, not to the a

Sushant Shukla· ·14 min read
Singapore

Re Wong Sin Yee [2007] SGHC 147

The court held that preventive detention under the CLTPA is not punitive and is dependent on the Minister's subjective satisfaction regarding criminal association and the necessity for public safety, and that judicial review is limited to illegality, procedural impropriety, and i

Sushant Shukla· ·13 min read
Singapore

Re Lee Kim Kiat [2007] SGHC 146

The court held that the Official Assignee was entitled to reject a proof of debt where the claimant failed to provide sufficient evidence to substantiate the claim, particularly when the validity of the claim was challenged.

Sushant Shukla· ·14 min read
Singapore

Narindar Singh Kang v Law Society of Singapore [2007] SGHC 145

An application for reinstatement to the roll of advocates and solicitors is premature if the nature of the original offence, which led to striking off, is so serious that it undermines the administration of justice, regardless of the passage of time or evidence of rehabilitation.

Sushant Shukla· ·12 min read
Singapore

Lim Ah Laik and Another v Surender Singh and Another [2007] SGHC 144

Where a notice to complete has been served making time of the essence, subsequent extensions of time to fixed dates do not counteract the effect of the notice, and time remains of the essence.

Sushant Shukla· ·12 min read
Singapore

Novus International Pte Ltd v Good Earth Agricultural Co Ltd [2007] SGHC 143

The court dismissed the defendant's appeal for a stay of proceedings on the ground of forum non conveniens, finding that the defendant failed to discharge the burden of showing that Hong Kong was a more appropriate forum.

Sushant Shukla· ·10 min read
Singapore

Tiong Seng Contractors (Pte) Ltd v Chuan Lim Construction Pte Ltd [2007] SGHC 142

The Building and Construction Industry Security of Payment Act (Cap 30B) encompasses and provides for the adjudication of final progress payments.

Sushant Shukla· ·13 min read