Latest articles
Re HL Sensecurity Pte Ltd (formerly known as HL Integral Systems Pte Ltd) [2006] SGHC 135
A company may be wound up under s 254(1)(e), (f), and (i) of the Companies Act where it is insolvent, where directors have acted in their own interests, and where there is a breakdown in the relationship between shareholders such that the company cannot function.
Resource Piling Pte Ltd v Geocon Piling & Engineering Pte Ltd and Another [2006] SGHC 134
The court held that the subcontract for piling works was between Resource and Geocon, and that payment should be based on the actual length of piles constructed rather than design length.
BCH Retail Investment Pte Ltd v Chief Assessor [2006] SGHC 133
Owners of shopping centres cannot deduct advertising and promotion expenses from gross rental for annual value purposes if those expenses were not agreed to be paid by tenants.
Vandashima (Singapore) Pte Ltd and Another v Tiong Sing Lean and Another [2006] SGHC 132
An employee who breaches fiduciary duties and confidentiality clauses in an employment contract can be restrained by an injunction from competing with the employer, provided the restraint is reasonable in time and geographical scope.
Pankaj s/o Dhirajlal v Donald McArthy Trading Pte Ltd and Others [2006] SGHC 131
In Pankaj s/o Dhirajlal v Donald McArthy Trading Pte Ltd [2006] SGHC 131, the court ruled that trade finance via letter of credit facilities does not constitute moneylending under the Moneylenders Act, rejecting claims that the contract was unenforceable due to lack of a license.
Sunny Daisy Ltd v WBG Network (Singapore) Pte Ltd [2006] SGHC 130
A judge in chambers hearing a registrar's appeal conducts a rehearing, but must apply the Ladd v Marshall conditions (specifically the second and third conditions) as reasonable conditions for the exercise of discretion to admit fresh evidence.
Re LP (adult patient: medical treatment) [2006] SGHC 13
The High Court has inherent jurisdiction to grant a declaration that a proposed medical procedure is lawful when a patient is incapacitated and unable to consent, provided the procedure is in the patient's best interests.
Jagatheesan s/o Krishnasamy v Public Prosecutor [2006] SGHC 129
An appellate court may intervene to overturn a trial judge's findings of fact if the findings are unreasonable, against the weight of evidence, or if the inferences drawn are not supported by primary or objective facts.
Lim Pei Ni Charissa v Public Prosecutor [2006] SGHC 128
The court affirmed that rehabilitation is the dominant consideration for young offenders, and probation may be appropriate even for serious offences if the offender is responsive to rehabilitation.
Front Carriers Ltd v Atlantic & Orient Shipping Corp [2006] SGHC 127
The Singapore High Court set aside a Mareva injunction against Atlantic & Orient Shipping Corp, ruling that the plaintiff failed to prove a real risk of asset dissipation and that a parallel, larger injunction in Canada rendered the local Singapore relief unnecessary.
Kanuvunaidu a/l Subramaniam v Goh Chan How [2006] SGHC 126
In Kanuvunaidu a/l Subramaniam v Goh Chan How [2006] SGHC 126, the High Court partially allowed the defendant's appeal on damages. The court denied claims for pre-trial and future loss of earnings, citing the plaintiff's failure to provide credible evidence of mitigation or income loss.
Re Caplan Jonathan Michael QC [2006] SGHC 125
The court dismissed an application for the ad hoc admission of a Queen's Counsel because the case did not meet the first stage of the three-stage test, as it was not of sufficient difficulty or complexity to require the services of a Queen's Counsel.
Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck and Another [2006] SGHC 124
A striking-out order based on a procedural defect (such as failure to show chain of title) where the court has not gone into the merits does not give rise to res judicata or issue estoppel, especially where the court indicated that fresh proceedings could be instituted.
Tan Yow Kon v Tan Swat Ping and Others [2006] SGHC 123
The court held that the Remaining Defendants were necessary or proper parties to the action as they were partners in the firm and the plaintiff's claim was connected to the partnership assets and promises made on behalf of the partners.
Public Prosecutor v Lim Ah Seng [2006] SGHC 122
In Public Prosecutor v Lim Ah Seng [2006] SGHC 122, the court sentenced the accused to two years and six months for culpable homicide. The judgment recognized the accused's history of domestic abuse and mental illness as unique extenuating circumstances warranting a departure from typical precedents
Noor Azizan bte Colony (alias Noor Azizan bte Mohamed Noor) v Tan Lip Chin (alias Izak Tan) [2006] SGHC 121
A decree of divorce issued by the Syariah Court dissolves the entire marriage relationship between parties, including a marriage previously solemnized under the Women's Charter.
Comptroller of Income Tax v MT [2006] SGHC 120
The court held that the 1995 amendments to the Merchant Shipping Act, which excluded vessels with suspended registration from the definition of 'Singapore ship', did not automatically update the definition of 'Singapore ship' in the Income Tax Act, as tax exemptions are a matter
The Eternal Strength [2006] SGHC 12
An action in rem is wrongly instituted if the requirements of s 4(4) of the High Court (Admiralty Jurisdiction) Act are not met, but the action may continue as an action in personam if the defendant has submitted to the jurisdiction and the subject matter is within the court's ad
Public Prosecutor v McCrea Michael [2006] SGHC 119
The court applied the totality and one-transaction principles to determine consecutive sentences for multiple homicide and evidence-disappearance offences, while refusing to backdate the sentence commencement due to the accused's own filibuster in extradition proceedings.
Lian Teck Construction Pte Ltd v Woh Hup (Pte) Ltd and Others [2006] SGHC 118
The court held that an application for interim payment under O 29 r 10 of the Rules of Court should not be heard while a stay application is pending, as it would require the defendant to take a step in the proceedings prohibited by s 6(1) of the Arbitration Act.
Tan Kay Beng v Public Prosecutor [2006] SGHC 117
Dissimilar antecedents are generally irrelevant to sentencing unless they show a progressive proclivity for criminal activity. Deterrence must be tempered by proportionality and the specific factual matrix of the case.
Lee Chee Wei v Tan Hor Peow Victor and Others [2006] SGHC 116
Specific performance is not an appropriate remedy for the sale of shares where the vendor's interest is strictly monetary and the vendor failed to mitigate loss.
The "Asia Star" [2006] SGHC 115
A shipowner is in breach of a voyage charterparty if the vessel's cargo tanks are not cargo-worthy at the commencement of the voyage, and the shipowner fails to exercise due diligence to ensure they are fit for the carriage of the agreed cargo.
Highness Electrical Engineering Pte Ltd v Sigma Cable Co (Pte) Ltd [2006] SGHC 114
A party commits a repudiatory breach if their conduct deprives the innocent party of a substantial part of the benefit of the contract, making it unfair to hold them to the contract.