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Singapore Medical Council v Shorvon Simon [2005] SGHC 93
The court held that disciplinary proceedings are a hybrid category of cases and costs should be assessed based on all relevant circumstances rather than a rigid per-trial day basis.
JD v Comptroller of Income Tax [2005] SGHC 92
Dividend income from each shareholding constitutes a separate and distinct source of income for the purposes of deductibility under s 14(1)(a) of the Income Tax Act. Interest expense is only deductible if there is a direct nexus between the borrowed capital and the specific incom
Bovis Lend Lease Pte Ltd v Jay-Tech Marine & Projects Pte Ltd and Another Application [2005] SGHC 91
The court held that the arbitration agreement provided for an ad hoc arbitration where the Singapore Institute of Architects was the appointing authority, and the arbitrator was to apply SIAC rules as procedural rules, not as an institutional administration.
Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Other Suits (No 2) [2005] SGHC 90
The judgment in Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others [2005] SGHC 90 represents a seminal moment in Singapore’s intellectual property landscape, specifically concerning the protection of consumer electronics and the "ThumbDrive" invention.
The "Rainbow Joy" [2005] SGHC 9
The court held that the Philippines was the natural and appropriate forum for the trial of the action, as the employment contract was governed by Philippine law and the majority of evidence and witnesses were located there.
Luk Yue Hong Yvonne v Lim Seng Leong and Another [2005] SGHC 89
The court held that the plaintiff failed to prove oppression under s 216 of the Companies Act as the defendants' actions were motivated by business necessity to mitigate personal losses rather than to oppress the minority shareholder.
Saldur Rahman v Mayban General Assurance Bhd and Another [2005] SGHC 88
A workman's claim for compensation under the Workmen's Compensation Act is not deemed withdrawn by the mere filing of a common law action if the Commissioner for Labour was not notified of the intention to sue and the action was not prosecuted to finality.
Fones Christina v Cheong Eng Khoon Roland [2005] SGHC 87
In Fones Christina v Cheong Eng Khoon Roland [2005] SGHC 87, the High Court dismissed the plaintiff's claim, ruling that the defendant established adverse possession over the disputed land, effectively extinguishing the plaintiff's documentary title prior to the land's conversion to the Torrens syst
China Construction (South Pacific) Development Co Pte Ltd v Spandeck Engineering (S) Pte Ltd [2005] SGHC 86
The court held that the contract between the parties was not a lump sum contract but one based on re-measurement as per the appendix to the 26 January letter, which formed part of the agreement.
Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd [2005] SGHC 85
The court has the discretion to grant an Earth Closet/Scott-Paine order in patent infringement actions where a defendant applies to amend their particulars of objections to include new prior art, to ensure justice between parties and prevent unnecessary wastage of costs.
Megastar Entertainment Pte Ltd and Another v Odex Pte Ltd [2005] SGHC 84
Search warrants issued under s 136(9) of the Copyright Act may validly encompass documents evidencing infringement, including information stored in electronic media such as hard disk drives.
Public Prosecutor v Mahat bin Salim [2005] SGHC 83
The High Court has revisionary power to set aside a sentence of reformative training that is wrong in law due to the offender's age and replace it with a sentence of corrective training.
Henny Sutanto v Suriani Tani (alias Li Yu) and Another [2005] SGHC 82
The court held that the plaintiff was an unlicensed moneylender and that the second defendant was not liable on the cheques as he did not sign them and the plaintiff was not a holder in due course.
OCM Opportunities Fund II, LP and Others v Burhan Uray (alias Wong Ming Kiong) and Others (No 2) [2005] SGHC 81
The court has the power under O 45 r 7(7) of the Rules of Court to retrospectively dispense with personal service of an order for committal, even for mandatory orders, if it is just to do so.
Singapore Telecommunications Ltd v Starhub Cable Vision Ltd [2005] SGHC 80
In Singapore Telecommunications Ltd v Starhub Cable Vision Ltd [2005] SGHC 80, the court confirmed a breach of contract via unauthorized tapping but dismissed the claim for damages, upholding a limitation of liability clause that expressly excluded recovery for lost revenues or profits.
Koon Seng Construction Pte Ltd v Siem Seng Hing & Co (Pte) Ltd [2005] SGHC 8
A contract is not concluded where the parties intend that it shall not become binding until a further condition (such as a letter of award) has been fulfilled.
Public Prosecutor v Vanmaichelvan s/o Barsathi and Another [2005] SGHC 78
The court held that a sentence of 26 years' imprisonment and 15 strokes of the cane for trafficking 499.99g of cannabis was not crushing, given the accused's drug antecedents and the second trafficking charge taken into consideration.
Wong Foong Chai v Lin Kuo Hao [2005] SGHC 77
The presumption of reasonableness in O 59 r 28(2)(b) of the Rules of Court is rebuttable, and s 18 of the Motor Vehicles (Third-Party Risks and Compensation) Act is an overriding statutory provision that allows the court to scrutinise solicitor-client costs agreements for fairnes
Sumikin Bussan Corp v Hiew Teck Seng (alias Yaw Teck Seng) and Another [2005] SGHC 76
The deemed closure of pleadings under O 18 r 20 is postponed when the court grants an extension of time to file a reply, thereby extending the time limit for filing a summary judgment application under O 14 r 14.
Advantest Corporate Office (Singapore) Pte Ltd and Another v SL Link Co Ltd (also known as Solar Link Co Ltd) and Another [2005] SGHC 75
In Advantest v SL Link [2005] SGHC 75, the High Court ruled for the plaintiffs, finding the defendants breached a manufacturing agreement through unauthorized competition and misuse of confidential information. The court upheld the non-competition clauses and dismissed the defendants' counterclaim.
CHS CPO GmbH (in bankruptcy) and Another v Vikas Goel and Others [2005] SGHC 74
The court held that fortification of an undertaking as to damages for a Mareva injunction or Anton Piller order requires the applicant to demonstrate a sufficient risk of loss, assessed using contractual principles of causation, remoteness, and mitigation.
Leong Choon Kum v Chia Kin Tuck [2005] SGHC 73
The court affirmed the division of matrimonial assets, applying a broad-brush approach under s 112 of the Women's Charter, and adjusted the wife's share in the matrimonial home and cash assets based on evidence of contributions.
Sun Hongyu v Public Prosecutor [2005] SGHC 72
The High Court's revisionary powers are to be exercised sparingly and only in cases of serious injustice, not as a backdoor appeal for those who have pleaded guilty.
Standard Chartered Bank v Korea Exchange Bank [2005] SGHC 71
A judge in chambers hearing an appeal from a registrar's decision on summary judgment has the discretion to refuse the admission of fresh evidence if a party has taken its stand on the evidence as it stood before the registrar.