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Latest articles

Singapore

Singapore Telecommunications Ltd v Starhub Cable Vision Ltd (formerly known as Singapore Cable Vision Ltd) [2007] SGHC 119

In Singapore Telecommunications Ltd v Starhub Cable Vision Ltd (formerly known as Singapore Cable Vision Ltd), the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·3 min read
Singapore

NTUC Income Insurance Co-operative Ltd v Toh Kheng Boon [2007] SGHC 117

The court held that an insurer cannot amend its pleadings on the first day of trial without sufficient particulars or justification, and that the insured vehicle was not used for 'hire or reward' as the arrangement was one of social kindness.

Sushant Shukla· ·14 min read
Singapore

The "Vasiliy Golovnin" [2007] SGHC 116

The arrest of a vessel in Singapore is an abuse of process if it is based on issues already resolved by a foreign court of competent jurisdiction (issue estoppel), and the failure to disclose such prior proceedings in an ex parte application for a warrant of arrest is a material

Sushant Shukla· ·13 min read
Singapore

OK Property Pte Ltd v Heng Siew Ang [2007] SGHC 115

In OK Property Pte Ltd v Heng Siew Ang, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Jurisdiction.

Sushant Shukla· ·4 min read
Singapore

Law Society of Singapore v Tay Eng Kwee Edwin [2007] SGHC 114

A solicitor who deliberately and consistently ignores the Solicitors' Accounts Rules, which have the force of law, demonstrates a patent defect of character and is not a fit and proper person to remain in the profession, warranting the penalty of being struck off the roll.

Sushant Shukla· ·14 min read
Singapore

TV v TW [2007] SGHC 113

Case Details * Citation: [2007] SGHC 113 * Case Number: DT 3079/2004 * Decision Date: 17 July 2007 * Court: High Court of Singapore * Coram: Woo Bih Li J * Judgment Delivered By: Woo Bih Li

Sushant Shukla· ·12 min read
Singapore

Re 41B Lorong 17 Geylang, Singapore 388564 [2007] SGHC 112

The court held that an option to purchase may contain an implied term that if the purchaser receives unsatisfactory replies to legal requisitions before exercising the option, the vendor is obliged to refund the option money.

Sushant Shukla· ·12 min read
Singapore

Datacraft Asia Ltd and Another v Kaufman, Gregory Laurence and Others [2007] SGHC 111

A stay of proceedings may be granted where there are related proceedings in a foreign jurisdiction, even if the strict requirements of lis alibi pendens are not met, if it is expedient to avoid the risk of irreconcilable judgments.

Sushant Shukla· ·13 min read
Singapore

Wong David H v Timothy Seow Group Architects Pte Ltd (in liquidation) and Another [2007] SGHC 110

An application for an extension of time to appeal against a liquidator's rejection of a proof of debt will be dismissed where there is an inordinate delay and no valid ground to justify it.

Sushant Shukla· ·13 min read
Singapore

Ong & Ong Architects Pte Ltd and Another v Yee Wei Chi and Another [2007] SGHC 109

Closure of pleadings under O 18 r 20 is not postponed by the amendment of pleadings or the addition of a new party if the time for closure of pleadings has already crystallised against the original parties.

Sushant Shukla· ·16 min read
Singapore

Yap Hwee May Kathryn v Geh Thien Ee Martin and Another [2007] SGHC 108

In Yap Hwee May Kathryn v Geh Thien Ee Martin [2007] SGHC 108, the Court declined to rule on beneficial interests in a joint account, holding that the request did not align with the operative date for the division of matrimonial assets, which is established as the date of the decree nisi.

Sushant Shukla· ·9 min read
Singapore

TQ v TR [2007] SGHC 106

The court held that the best interests of the children are the primary criterion for custody, care and control, and that a prenuptial agreement regarding the division of matrimonial assets can be enforced under s 112 of the Women's Charter.

Sushant Shukla· ·12 min read
Singapore

Knight Glenn Jeyasingam v Law Society of Singapore [2007] SGHC 105

The court held that an application for restoration to the roll should not be made prematurely, and that a period significantly longer than five years from the date of striking off is generally required. The court also held that the applicant must demonstrate that they are fit to

Sushant Shukla· ·13 min read
Singapore

Tjia Alicia (m.w.) v Aspin Suryanna [2007] SGHC 104

The court determined the division of matrimonial assets and maintenance in a divorce case, finding that the husband remained the owner of his business despite his claims of asset transfer.

Sushant Shukla· ·14 min read
Singapore

Singapore Technologies Kinetics Ltd v Eco Fuels Solutions Asia, Inc and Others [2007] SGHC 103

A guarantee expressed as a continuing security is enforceable according to its terms, and a defence of misrepresentation in a summary judgment application requires a trial if it is not entirely shadowy.

Sushant Shukla· ·13 min read
Singapore

Asia Pacific Wire & Cable Corp Ltd and Others v Chik Kai-Ming Aaron and Another [2007] SGHC 102

The judgment in [2007] SGHC 102 represents a significant judicial examination of the limits of corporate "claw-back" actions following a change in management. The dispute arose in the wake of a major corporate restructuring of the Asia Pacific Wire & Cable Corp Ltd ("APWC") group

Sushant Shukla· ·16 min read
Singapore

Banque Nationale de Paris v Ng Kit Har and another action (Yii Chee Ming, Third Party) [2007] SGHC 101

A third party action cannot continue after the main action has concluded with a judgment, as all pending matters are deemed closed and extinguished by res judicata, unless there is an express order preserving the action.

Sushant Shukla· ·13 min read
Singapore

Sim Geok Seng (alias Sim Eng Seng Robert) v Lee Kim Kiat [2007] SGHC 100

The court held that in a long marriage, the court should lean towards equal division of matrimonial assets unless the circumstances show that such a division would be inequitable.

Sushant Shukla· ·13 min read
Singapore

Pacific Integrated Logistics Pte Ltd v Gorman Vernel International Freight Ltd [2007] SGHC 10

The court held that while foreign residence is a threshold condition for security for costs, the court retains discretion to grant security if it is just to do so, even if a costs order might be enforceable in the plaintiff's home jurisdiction.

Sushant Shukla· ·14 min read
Singapore

Norhayati Binte Salleh @ Norhayati Bte Mohamed Ali v Mohamed Haedi Bin Abdullah [2007] SGHC 1

The court held that there is no rigid rule requiring a discount for ancillary domestic work when assessing damages for the cost of a domestic helper in personal injury cases.

Sushant Shukla· ·14 min read
Singapore

Kuala Lumpur City Securities Sdn Bhd v Boston Asset Management Pte Ltd (formerly known as Universal Network Education Pte Ltd) and Another [2006] SGHC 99

The court dismissed an application to set aside a default judgment and stay proceedings. The defendant failed to demonstrate a defence with a real prospect of success or prove that another forum was more appropriate under forum non conveniens principles.

Sushant Shukla· ·13 min read
Singapore

Lal Hiranand v Kamla Lal Hiranand [2006] SGHC 98

In Lal Hiranand v Kamla Lal Hiranand [2006] SGHC 98, the High Court upheld the validity of a 1999 deed, dismissing the plaintiff's claim to set it aside. The court ordered specific performance, requiring the plaintiff to account for estate assets and fulfill financial obligations stipulated in the d

Sushant Shukla· ·7 min read
Singapore

Royal & Sun Alliance Insurance (Singapore) Ltd v Metico Marine Pte Ltd and Another [2006] SGHC 97

The court held that a warranty in a marine insurance policy must be strictly complied with, and that the warranty in question, which required recommendations to be complied with 'prior to sailing', meant that all recommendations had to be complied with before the vessels departed

Sushant Shukla· ·13 min read
Singapore

Yang Xi Na v Lim Chong Hong and Another (Ong Ah Seng, Third Party) [2006] SGHC 96

The liability of a driver of a parked vehicle in a collision depends on the specific facts, including whether the parking constituted a danger or obstruction to other road users.

Sushant Shukla· ·14 min read