§

Latest articles

Singapore

Teo Chin Kiang Willie v MAE Engineering Ltd [2006] SGHC 113

The defendant failed to prove that the plaintiff's resignation was unlawful, as the defendant had accepted the resignation, effectively terminating the service agreement by mutual agreement.

Sushant Shukla· ·15 min read
Singapore

Chee Siok Chin v Attorney-General [2006] SGHC 112

The High Court dismissed an application to avoid an election due to non-compliance with mandatory security for costs requirements. The court ruled that strict adherence to timelines under the Parliamentary Elections Rules is essential for a valid application.

Sushant Shukla· ·12 min read
Singapore

Oversea-Chinese Banking Corp Ltd v Moey Keng Weng and Another and Another Application [2006] SGHC 111

A write-off of a debt in a bank's internal books for accounting purposes does not constitute a legal release of the debt, and the bank remains entitled to enforce the debt and associated security.

Sushant Shukla· ·12 min read
Singapore

Golden Village Multiplex Pte Ltd v Golden Harvest Films Distribution (Pte) Ltd and Another [2006] SGHC 110

A board meeting of a company, once properly convened, can continue even if some directors leave, provided a quorum remains. Procedural irregularities in the appointment of a chairman do not invalidate proceedings unless they cause substantial injustice.

Sushant Shukla· ·15 min read
Singapore

CS Bored Pile System Pte Ltd v Evan Lim & Co Pte Ltd [2006] SGHC 11

The court held that a signed quotation with a stamp and a note 'Terms & Conditions to be discussed' constituted a binding acceptance of the contract, as the main purpose of the meeting was to agree on prices for a tender, and the note was an act of excess caution.

Sushant Shukla· ·12 min read
Singapore

Brooks, Kenneth Williams v Millar, Christian Gurth Hoyer and Another [2006] SGHC 109

The court refused to grant a mandatory injunction to rectify a share register because the balance of convenience favoured the defendants, as the share issue was necessary to fund ongoing litigation and granting the injunction would cause irreparable harm to the company.

Sushant Shukla· ·16 min read
Singapore

Chan Mei Lan Kristine v Ong Boon Huat Samuel [2006] SGHC 108

The court held that a property acquired during the marriage, even if one party did not contribute financially to it, constitutes a matrimonial asset under s 112(10) of the Women's Charter, unless it falls under the limited exception for gifts or inheritance.

Sushant Shukla· ·12 min read
Singapore

Vestwin Trading Pte Ltd and Another v Obegi Melissa and Others [2006] SGHC 107

The court held that the act of putting out rubbish for collection does not amount to abandonment of property, and that recipients of confidential information obtained through illegal means are bound by an obligation of confidence.

Sushant Shukla· ·13 min read
Singapore

Yap Jeffery Henry and Another v Ho Mun-Tuke Don [2006] SGHC 106

A liquidator in a voluntary winding up has the power to resign, and the court may remove a liquidator for cause shown, which includes circumstances where it is in the interest of the liquidation to replace the liquidator.

Sushant Shukla· ·14 min read
Singapore

Karaha Bodas Co LLC v Pertamina Energy Trading Ltd and Another [2006] SGHC 105

The High Court dismissed a contempt application against Clyde & Co and Mr. Pilkington, ruling that the first defendant failed to prove misuse of information. The court clarified that solicitors are not automatically liable as 'officers' under the Rules of Court for their clients' breaches.

Sushant Shukla· ·7 min read
Singapore

Chin Tyng Lei v Lim Yoon Ngok [2006] SGHC 104

The court held that the defendant was liable for $70,000 of the claim based on his own admission in email correspondence, while granting conditional leave to defend for the balance of $190,000.

Sushant Shukla· ·12 min read
Singapore

The "Pacific Vigorous" [2006] SGHC 103

The plaintiff's acceptance of partial payment from the buyer for the sale of goods did not constitute an election at common law to waive its right to sue the shipowner for misdelivery of the cargo, as the remedies against the buyer and the shipowner were cumulative rather than al

Sushant Shukla· ·14 min read
Singapore

SM Trading Services (a firm) v Intersanctuary Ltd (Kek Kim Hok, Third Party) [2006] SGHC 102

The High Court dismissed the plaintiff's claim and upheld the defendant's counterclaim, ruling that the plaintiff and third party conspired to defraud the defendant. The court emphasized that an agent's failure to disclose financial interests constitutes a breach of fiduciary duty.

Sushant Shukla· ·9 min read
Singapore

Stork Technology Services Asia Pte Ltd (formerly known as Eastburn Stork Pte Ltd) v First Capital Insurance Ltd [2006] SGHC 101

The court held that the notice provision in the insurance policy was a condition precedent to liability, and the insured's failure to provide immediate notice of an occurrence that may give rise to a claim entitled the insurer to repudiate liability.

Sushant Shukla· ·15 min read
Singapore

Lim Hong Kheng v Public Prosecutor [2006] SGHC 100

The court has a broad discretion under s 250 of the Criminal Procedure Code to extend time for filing a petition of appeal, guided by the objective of doing substantial justice in the matter, considering factors such as the length of delay, the explanation for the delay, and the

Sushant Shukla· ·14 min read
Singapore

S & E Tech Pte Ltd v Western Electric Pacific Ltd and Another [2006] SGHC 10

The court has no power under O 22A r 3(2) of the Rules of Court to allow the withdrawal of an offer to settle before the expiry of the minimum period of 14 days, but the common law doctrine of mistake remains applicable to offers to settle.

Sushant Shukla· ·13 min read
Singapore

Leivest International Pte Ltd v Top Ten Entertainment Pte Ltd [2006] SGHC 1

In Leivest International v Top Ten Entertainment, the High Court ruled that a landlord's acceptance of rent constitutes an unequivocal waiver of the right to forfeit a lease, even when accompanied by 'without prejudice' protests, affirming the tenant's right to renew.

Sushant Shukla· ·8 min read
Singapore

IPOS: Orchard KTV & Lounge Pte Ltd v Recording Industry Performance Singapore Pte Ltd [2006] SGCRT 1

In IPOS: Orchard KTV & Lounge Pte Ltd v Recording Industry Performance Singapore Pte Ltd, the Intellectual Property Office of Singapore addressed issues of Copyright — Reference of existing licence scheme.

Sushant Shukla· ·4 min read
Singapore

Yap Bee Har v Chan Tai Hock Philip [2005] SGHC 99

In Yap Bee Har v Chan Tai Hock Philip [2005] SGHC 99, the High Court applied a broad-brush approach to matrimonial asset division, awarding the husband a 25% share of the wife's savings after finding his contributions to family expenses indirectly facilitated her ability to accumulate those funds.

Sushant Shukla· ·8 min read
Singapore

Otech Pakistan Pvt Ltd v Clough Engineering Ltd and Another [2005] SGHC 98

A servant or director of a company acting bona fide within the scope of their authority is not liable for inducing a breach of contract by the company.

Sushant Shukla· ·13 min read
Singapore

Teo Choo Him and Another v Teo Leng Hui [2005] SGHC 97

In Teo Choo Him v Teo Leng Hui [2005] SGHC 97, the High Court appointed the husband as the committee of his incapacitated wife's person and estate, prioritizing the matrimonial unit and the patient's pre-incapacity wishes over the parents' claims, supported by structured care orders.

Sushant Shukla· ·8 min read
Singapore

Law Society of Singapore v Fun Huay Yew [2005] SGHC 96

A solicitor who deliberately breaches a stakeholder undertaking and acts dishonestly by issuing a dishonoured cheque will be struck off the roll.

Sushant Shukla· ·13 min read
Singapore

Ong Sock Hung v Public Prosecutor [2005] SGHC 95

The court held that identification evidence, even if visual identification is poor, can be sufficient if supported by other evidence such as vocal identification and circumstantial coincidences.

Sushant Shukla· ·12 min read
Singapore

Kunal Gobind Lalchandani and Another v Konduri Prakash Murthy [2005] SGHC 94

The court held that an application for extension of time to request further arguments under s 34(1)(c) of the Supreme Court of Judicature Act must be supported by sufficient grounds, and a mere oversight by solicitors is generally insufficient.

Sushant Shukla· ·14 min read