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Latest articles

Singapore

LV v LW (divorce: ancillary matters) [2006] SGHC 50

The court held that lottery winnings are part of the matrimonial assets and that the respondent's attempt to conceal assets through a third party was improbable and rejected.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Lim Stephen [2006] SGHC 5

A solicitor who misappropriates client funds in a systematic fashion and breaches the trust of his client will be struck off the roll of advocates and solicitors.

Sushant Shukla· ·12 min read
Singapore

CHS CPO GmbH and Another v Vikas Goel and Others [2006] SGHC 49

The court held that an ex parte applicant for injunctive relief must show utmost good faith and disclose material facts fully and fairly, and that failure to draw such information to the court's attention constitutes material non-disclosure.

Sushant Shukla· ·12 min read
Singapore

Volkswagen Financial Services Singapore Ltd v Public Prosecutor [2006] SGHC 48

Forfeiture under s 4(1) of the Road Vehicles (Special Powers) Act is mandatory upon the fulfilment of the statutory preconditions, regardless of the innocence of the vehicle owner.

Sushant Shukla· ·12 min read
Singapore

Kunal Gobind Lalchandani and Another v LU [2006] SGHC 47

A director who misappropriates company funds and destroys company records breaches his fiduciary duties. A contract for restitution of misappropriated assets is not illegal under s 213 of the Penal Code.

Sushant Shukla· ·12 min read
Singapore

Mohd Aslam s/o Jahandad v Public Prosecutor [2006] SGHC 46

A conviction based on the uncorroborated evidence of a sole witness requires the trial judge to make a finding that the evidence is so compelling that a conviction can be secured by it alone.

Sushant Shukla· ·12 min read
Singapore

Er Kee Jeng v Public Prosecutor [2006] SGHC 45

The surrender of a certificate of insurance is not a precondition for the valid cancellation of an insurance policy under the Motor Vehicles (Third-Party Risks and Compensation) Act, and the insurer's statutory liability under s 9 does not render a cancelled policy 'in force' for

Sushant Shukla· ·14 min read
Singapore

EB v EC (divorce: maintenance of stepchildren) [2006] SGHC 44

The duty to maintain a child under s 70(1) of the Women's Charter applies to matrimonial proceedings under Part X, and the conjunction 'or' in s 70(1) should be read as 'and' such that the duty arises when neither biological parent maintains the child.

Sushant Shukla· ·14 min read
Singapore

Ng Huat Foundations Pte Ltd v Samwoh Resources Pte Ltd [2006] SGHC 43

An appeal against an arbitral award on a question of law is misconceived if it is premised on facts that were not found by the arbitrator, as the arbitrator is the master of the facts.

Sushant Shukla· ·14 min read
Singapore

Hong Guet Eng v Wu Wai Hong (liquidator of Xiang Man Lou Food Court Pte Ltd) [2006] SGHC 42

A loan made without any express provision as to repayment, or expressed to be repayable simply 'on demand', gives rise to a cause of action forthwith, and the limitation period begins to run from the date of the loan.

Sushant Shukla· ·13 min read
Singapore

Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased) v Low Geok Bian and Others [2006] SGHC 41

The court held that the presumption of advancement applies to transfers between a father and child, and in the absence of evidence to the contrary, the moneys in the joint accounts vested in the surviving account holder.

Sushant Shukla· ·15 min read
Singapore

R Alagiyasolan v Public Prosecutor [2006] SGHC 40

An employer who fails to exercise due diligence in screening foreign workers cannot rely on ignorance of their immigration status as a defence.

Sushant Shukla· ·12 min read
Singapore

Pertamina Energy Trading Ltd v Credit Suisse [2006] SGHC 4

A bank is entitled to set off a loan against a customer's fixed deposit where the customer has authorised the drawdown and the bank has acted in accordance with the mandate and conditions of the account, and the customer is precluded from denying the loan if it fails to object to

Sushant Shukla· ·14 min read
Singapore

Peters Roger May v Pinder Lillian Gek Lian [2006] SGHC 39

The court held that Singapore was the most appropriate forum to determine the testator's domicile for probate purposes, as the testator had a real and substantial connection with Singapore and the respondent failed to show that England was a clearly more appropriate forum.

Sushant Shukla· ·14 min read
Singapore

Golden Village Multiplex Pte Ltd v Phoon Chiong Kit [2006] SGHC 38

A director of two companies in litigation against each other must remain neutral and avoid conflicts of interest, as they cannot serve two masters when interests conflict.

Sushant Shukla· ·15 min read
Singapore

HG Metal Manufacturing Ltd v Nam Tat Hardware Co (a firm) [2006] SGHC 37

A contract is not terminated by a party's expression of frustration or statement that the contract is 'useless' unless it clearly and unequivocally conveys an intention to treat the contract as at an end.

Sushant Shukla· ·14 min read
Singapore

Swift-Fortune Ltd v Magnifica Marine SA [2006] SGHC 36

In Swift-Fortune Ltd v Magnifica Marine SA [2006] SGHC 36, the High Court set aside a Mareva injunction, ruling it lacked jurisdiction to grant interim relief in aid of foreign arbitration where the defendant was outside the jurisdiction and no valid basis for service existed.

Sushant Shukla· ·8 min read
Singapore

The "Mezen" [2006] SGHC 35

The court held that 'goods carried in a ship' under section 3(1)(g) of the High Court (Admiralty Jurisdiction) Act refers only to goods carried as cargo, meaning items transported for the purpose of being conveyed from one place to another.

Sushant Shukla· ·13 min read
Singapore

Sheares Betty Hang Kiu v Chow Kwok Chi and Others [2006] SGHC 34

A completely constituted trust is immediately binding upon the settlor and his personal representatives unless a power of revocation has been expressly reserved, and the acid test for whether an instrument is testamentary is whether it is revocable.

Sushant Shukla· ·12 min read
Singapore

Fornet Enterprise Co Ltd v Howell Universal Pte Ltd and Others [2006] SGHC 33

The court held that the plaintiff failed to prove the existence of a mercantile agency relationship or that the defendants breached any agreement, and that the conspiracy claim was not proven.

Sushant Shukla· ·15 min read
Singapore

Siah Eng Hock v Tan Cheng Huat and Another [2006] SGHC 32

The court found the plaintiff solely liable for the accident due to overwhelming objective evidence contradicting his testimony, including the location of the collision on the bus and the testimony of an independent witness.

Sushant Shukla· ·12 min read
Singapore

Jenton Overseas Investment Pte Ltd v Townsing Henry George [2006] SGHC 31

A director breaches fiduciary duties by acting in the interests of a third party (Normandy) rather than the company (NQF) and by unilaterally transferring company funds to satisfy a debt that was not clearly owed by the company.

Sushant Shukla· ·13 min read
Singapore

The Global 1 [2006] SGHC 30

An in rem action, once commenced, continues as such unless altered by amendment, but if the defendant enters an appearance, the action proceeds as both an in rem and in personam action. If the in rem jurisdiction was never properly invoked, the court may allow an amendment to the

Sushant Shukla· ·13 min read
Singapore

Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd [2006] SGHC 3

The court held that the defendant had discharged its contractual obligations regarding material suitability by providing the required Certificates of Analysis from the specified supplier, May Polyester Films Sdn Bhd.

Sushant Shukla· ·13 min read