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NP and Another v Comptroller of Income Tax [2007] SGHC 141
The court held that the determination of whether a property transaction constitutes trading is a question of mixed fact and law, and that the Board's findings can be overturned if they are unreasonable or inconsistent with the facts found.
QU v QV [2007] SGHC 140
The court held that contempt of court proceedings can be maintained even if an order does not specify a time frame for compliance, provided the applicant proves that a reasonable time for compliance has elapsed.
Re Joshua Benjamin Jeyaretnam ex parte Indra Krishnan and others [2007] SGHC 14
The court held that an application for discharge from bankruptcy should be refused where the administration of the estate is incomplete, the bankrupt has failed to cooperate with the Official Assignee, and there has been no material change in circumstances since previous failed a
Public Prosecutor v UI [2007] SGHC 139
In Public Prosecutor v UI [2007] SGHC 139, the court sentenced the offender to 16 years imprisonment, establishing that victim forgiveness is a valid mitigating factor. The judgment emphasizes a holistic sentencing approach, cautioning against double-counting statutory aggravating factors.
Pang Chen Suan v Commissioner for Labour [2007] SGHC 138
The court held that the Commissioner for Labour's decision to refuse reinstatement of a workmen's compensation claim was not irrational or unreasonable in the Wednesbury sense, as the applicant failed to show 'reasonable cause' for the late submission.
Exxonmobil Asia Pacific Pte Ltd v Bombay Dyeing & Manufacturing Co Ltd [2007] SGHC 137
A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant proves that there is another available forum that is clearly or distinctly more appropriate than the Singapore forum.
Aw Bock Eng v Public Prosecutor [2007] SGHC 136
A single isolated occasion of carrying passengers for hire or reward can constitute the use of a vehicle as a public service vehicle under the Road Traffic Act, provided the arrangement has a commercial or business-like character.
Lim Ah Neu v Tan Tiow Jin [2007] SGHC 135
The court held that the defendant failed to prove the plaintiff's consent to the loans and ordered an account of the withdrawals.
UE v UF [2007] SGHC 134
The court determined the division of matrimonial assets based on an equal partnership model, attributing equal credit to both parties for the success of their family business.
Alliance Management SA v Pendleton Lane P and Another and Another Suit [2007] SGHC 133
The court has the power under Order 24 of the Rules of Court to order the production of a hard disk for inspection as it constitutes a 'document', provided the court is satisfied it is in the possession, custody, or power of the party and that inspection is necessary for the fair
Chiam Heng Luan and Others v Chiam Heng Hsien and Others [2007] SGHC 132
A contractual licence cannot co-exist with a tenancy; where parties have entered into a landlord-tenant relationship, terms regarding occupation are terms of the tenancy, not a separate contractual licence.
Tan Sia Boo v Ong Chiang Kwong [2007] SGHC 131
The principles of Ladd v Marshall are strictly applied in appeals from a registrar's assessment of damages where the hearing before the registrar was akin to a trial involving oral evidence.
TC v TD [2007] SGHC 130
The court held that there was no material change in circumstances to justify a downward variation of maintenance where the applicant's lifestyle and financial receipts (bonuses and reimbursements) indicated he was not as adversely affected by a salary decrease as claimed.
Public Prosecutor v Lee Meng Soon [2007] SGHC 129
An appellate court may intervene in sentencing if the lower court erred in principle, failed to appreciate material facts, or if the sentence is manifestly inadequate, while acknowledging that sentencing precedents are guidelines rather than binding rules.
Wishing Star Ltd v Jurong Town Corp [2007] SGHC 128
The court held that the defendant was entitled to damages for the difference in contract value following the plaintiff's breach, but disallowed certain administration and site costs that were not proven to be reasonably occasioned by the breach.
ITC Global Holdings Pte Ltd (under judicial management) v ITC Limited and Others [2007] SGHC 127
Service of a writ out of jurisdiction must strictly comply with the laws of the country where service is effected; failure to do so constitutes a fundamental defect that is not curable under O 2 r 1 of the Rules of Court.
B-Gold Interior Design & Construction Pte Ltd v Zurich Insurance (Singapore) Pte Ltd [2007] SGHC 126
An exclusion clause in an insurance policy that is inconsistent with the object of the insurance or renders the cover illusory will be denied efficacy by the court.
Lim Cheng Liang and Another v 33 Boat Quay Pte Ltd and Another [2007] SGHC 125
The operative terms of a contract are those contained in the final executed agreement, which subsumes any prior agreements.
W&P Piling Pte Ltd (in liquidation) v Chew Yin What and Others [2007] SGHC 124
Directors of a company owe fiduciary and statutory duties to act honestly and bona fide in the interests of the company, and these duties are not extinguished or compartmentalised simply because the director also serves on the board of a holding company.
Public Prosecutor v Low Kok Heng [2007] SGHC 123
Section 133 of the Bankruptcy Act provides a single defence of innocent intention consisting of two limbs (lack of intent to defraud and lack of intent to conceal the state of affairs), both of which must be satisfied for the defence to succeed.
OTF Aquarium Farm (formerly known as Ong's Tropical Fish Aquarium & Fresh Flowers) (a firm) v Lian Shing Construction Co Pte Ltd (Liberty Insurance Pte Ltd, Third Party) [2007] SGHC 122
In OTF Aquarium Farm v Lian Shing Construction, the court held the defendant liable in negligence and nuisance for the death of 31 arowanas due to flood water ingress. The court rejected the force majeure defence, ruling that monsoon rainfall is foreseeable, and ordered damages to be assessed.
PT Soonlee Metalindo Perkasa v Synergy Shipping Pte Ltd (Freighter Services Pte Ltd, Third Party) [2007] SGHC 121
A carrier of goods by sea has an absolute obligation to provide a seaworthy vessel at the commencement of the voyage, and this duty is not relieved by the fact that the carrier does not own the vessel.
You Xin v Public Prosecutor and Another Appeal [2007] SGHC 120
The summary process for contempt in the face of the court is a necessary power to maintain the administration of justice, but it must be exercised sparingly and only when absolutely necessary, with strict adherence to procedural safeguards including the right to be heard and the
Re Shankar Alan s/o Anant Kulkarni [2007] SGHC 12
The court held that the general rule that costs follow the event applies to disciplinary proceedings, and a successful party is entitled to costs unless there are special circumstances warranting a departure.