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QBE Insurance (International) Ltd v Winterthur Insurance (Far East) Pte Ltd [2005] SGHC 11
The court held that there was no agreement between the parties to share liability for the claim, and that QBE was estopped from claiming contribution due to its conduct in handling the defence without consulting Winterthur.
Cigar Affair v Public Prosecutor [2005] SGHC 109
An application under s 60 of the Supreme Court of Judicature Act for a criminal reference to the Court of Appeal must involve a question of law of public interest and is to be used sparingly in exceptional cases.
Cigar Affair v Pacific Cigar Company [2005] SGHC 108
The court held that s 53A of the Trade Marks Act (Cap 332) allows for the issuance of search warrants for documents that are evidence of trade mark offences, and that the mens rea requirement of the Copyright Act does not apply to s 49 of the Trade Marks Act.
Gan Sim Lim v Public Prosecutor [2005] SGHC 107
An appellate court will only interfere with a sentence if the sentencing judge made the wrong decision as to the factual basis, erred in appreciating material, the sentence was wrong in principle, or the sentence was manifestly excessive or inadequate.
TR Networks Ltd and Others v Elixir Health Holdings Pte Ltd and Others [2005] SGHC 106
A default judgment is not irregular if the defendant entered an appearance gratis, even if service was not effected, and the court has discretion to set aside such judgment based on whether the defendant has a meritorious defence and whether the proceedings were deliberately igno
Beckkett Pte Ltd v Deutsche Bank AG and Another [2005] SGHC 105
In Beckkett Pte Ltd v Deutsche Bank AG and Another, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Injunctions.
Lim Kian Kiong and Another v Tan Seng Teck and Another (Tan Say Lai and Others, Third Parties) [2005] SGHC 104
In Lim Kian Kiong v Tan Seng Teck [2005] SGHC 104, the High Court ordered defendants to pay plaintiffs $690,900 for outstanding sums. The court also allowed the defendants' third-party claim but awarded only nominal damages of $1,000, finding the defendants' own default initiated the dispute.
Public Trustee and Another v By Products Traders Pte Ltd and Others [2005] SGHC 103
Solicitors have an overriding duty of candour to the court as officers of the court, which takes precedence over their duty to their clients. This duty requires full disclosure of material facts and prohibits misleading the court, whether actively or passively.
Re Wan Soon Construction Pte Ltd [2005] SGHC 102
The court held that s 334 of the Companies Act applies to judicial management via s 227X(b), allowing the judicial manager to set aside an incomplete execution of a writ of seizure and sale.
Chor Pee & Partners v Wee Soon Kim Anthony [2005] SGHC 101
An agreement on legal fees must be certain, contain the full terms of the bargain, and be signed by the client to constitute a valid contentious business agreement under s 111 of the Legal Profession Act.
Re Wong Sook Mun Christina [2005] SGHC 100
Section 110 of the Evidence Act requires that the missing person must not have been heard of for 7 years by those who would naturally have heard of him if he had been alive. Where a person is totally estranged from their family, the family members may not fall within the category
Lin Tsang Kit and Another v Chng Thiam Kwee [2005] SGHC 10
The court held that the defendant, as the controlling mind of the company, was the trustee of the shares held in the company's name and was liable to account for secret profits and sale proceeds.
Chia Kin Tuck v Leong Choon Kum and Another [2005] SGHC 1
The High Court dismissed six appeals in Chia Kin Tuck v Leong Choon Kum, ruling that defendants cannot retain disputed funds. The court ordered the $1m returned to the plaintiff’s solicitors pending resolution of beneficial ownership to prevent an inequitable windfall.
PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd and Another (No 2) [2004] SGHC 99
In PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd and Another (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Costs.
Rukiah bte Ismail v Public Prosecutor [2004] SGHC 98
The court held that an appellate court should be slow to disturb a lower court's findings of fact unless they were shown to be clearly wrong, reached against the weight of the evidence, or unless the trial judge had not taken proper advantage of having seen and heard the witnesse
Liew Ter Kwang v Hurry General Contractor Pte Ltd [2004] SGHC 97
The court granted leave to appeal an arbitration award on questions of law concerning the interpretation of standard form building contract clauses, as the resolution of these questions would add to the certainty of the law and a strong prima facie case of error was shown.
Somerset Investments Pte Ltd (formerly known as Liang Court Pte Ltd) v Far East Technology International Ltd (formerly known as Far East Holdings International Ltd) [2004] SGHC 96
A demand for payment under a guarantee is valid even if it incorrectly states the amount due, provided the creditor is entitled to demand the sum secured and the debtor is not prejudiced.
Chew Kim Kee v Kertar and Co [2004] SGHC 95
Case Details * Citation: [2004] SGHC 95 * Case Number: Suit 1263/2002/Y * Decision Date: 08 May 2004 * Court: High Court of Singapore * Coram: Belinda Ang Saw Ean J * Judgment Delivered By: Belinda
Koh Keow Neo and Others v Chee Johnny and Others [2004] SGHC 94
The court held that the pro-tem committee members, as gratuitous agents, did not owe fiduciary duties to flat owners and did not breach any duty of care in the privatisation process, as they acted in good faith and followed established guidelines.
Cheong Gim Fah and Another v Murugian s/o Rangasamy [2004] SGHC 93
The court assessed dependency claims for the deceased's dependants, determining that savings do not affect dependency claims and applying a 23% reduction to children's dependency due to the mother's income.
Dong Guitian v Public Prosecutor [2004] SGHC 92
An appellate court will not disturb a lower court's findings of fact unless they are plainly wrong or against the weight of the evidence, and the principle of deterrence is a dominant consideration when cheating is perpetrated against a government department.
Lee Cheong Ngan alias Lee Cheong Yuen v Public Prosecutor and Other Applications [2004] SGHC 91
The court held that the revisionary powers of the High Court are to be exercised sparingly to prevent abuse, and that the petitioners failed to establish serious injustice or invalidity in their pleas of guilt.
Essar Steel Ltd v Bayerische Landesbank and Others [2004] SGHC 90
A judge in chambers should not allow appeals against costs orders by masters unless the order was unreasonable, erred in law, or failed to take into account proper matters.
Fraser Securities Pte Ltd v Seet Ai Kiang and Others [2004] SGHC 9
Parol evidence is inadmissible to vary the terms of a written contract, and a remisier's knowledge of a private nominee arrangement cannot be imputed to the stockbroking firm to waive the client's contractual liability.