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Latest articles

Singapore

Pacific Autocom Enterprise Pte Ltd v Chia Wah Siang [2004] SGHC 89

In Pacific Autocom Enterprise Pte Ltd v Chia Wah Siang [2004] SGHC 89, the High Court ruled in favor of the plaintiff, awarding damages for breach of duty following a distributorship termination. The court rejected claims for internal software costs but upheld damages for operational losses.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Shanmugam s/o Murugesu [2004] SGHC 88

The accused was convicted of importing cannabis and sentenced to death, as he failed to rebut the statutory presumptions of possession and knowledge under the Misuse of Drugs Act.

Sushant Shukla· ·12 min read
Singapore

The Hongkong and Shanghai Banking Corp Ltd v Rasmachayana Sulistyo alias Chang Whe Ming [2004] SGHC 87

The court held that substituted service of a statutory demand by advertisement does not require the advertisement of the entire statutory demand, and that leaving a statutory demand at a forwarding agent's address pursuant to mutual agreement constitutes proper personal service.

Sushant Shukla· ·14 min read
Singapore

Johnson Controls (S) Pte Ltd v Ho Air-Conditioning and Engineering Pte Ltd [2004] SGHC 86

The court held that the defendant waived the requirement for strict contractual performance by accepting substituted equipment and certifying 100% completion of work. Furthermore, the defendant failed to prove that the plaintiff was in breach of contract regarding the timing of t

Sushant Shukla· ·11 min read
Singapore

Public Prosecutor v Ng Kwang Lim [2004] SGHC 85

Life imprisonment is justified where the offence is grave, the offender is of unstable character likely to commit future offences, and the consequences of such offences are specially injurious.

Sushant Shukla· ·14 min read
Singapore

Tang Yoke Kheng (trading as Niklex Supply Co) v Lek Benedict and Others [2004] SGHC 84

The court discharged interim injunctions and mandatory orders because the plaintiff failed to make full and frank disclosure of material facts and the orders were used as a weapon of oppression.

Sushant Shukla· ·13 min read
Singapore

Samwoh Resources Pte Ltd v Lee Ah Poh [2004] SGHC 83

The normal measure of damages for fraudulent misrepresentation is to put the plaintiff in the position they would have been in had the misrepresentation not been made.

Sushant Shukla· ·14 min read
Singapore

Noor Mohammed Bin Yusoff Ali v Tan Chee Ning [2004] SGHC 82

The court assessed damages for a plaintiff who suffered a hip injury in a road traffic accident, awarding compensation for pain and suffering, loss of earning capacity, future medical expenses, and special damages.

Sushant Shukla· ·13 min read
Singapore

McDonald's Corp v Future Enterprises Pte Ltd [2004] SGHC 81

Opposition to trade mark registration under s 12 and s 15 of the Trade Marks Act fails where the marks are not substantially identical and there is no real tangible danger of confusion.

Sushant Shukla· ·14 min read
Singapore

Tong Guan Food Products Pte Ltd v Ong Leong Chuan (Ong Heng Chuan and another, interveners, Third Party) [2004] SGHC 80

The court held that persons who were not parties to an action cannot be bound by a consent judgment obtained between the plaintiff and the defendant, and that the appropriate procedure to challenge such a judgment is by way of an originating summons.

Sushant Shukla· ·13 min read
Singapore

Soh Lup Chee and Others v Seow Boon Cheng and Another [2004] SGHC 8

The plaintiffs failed to prove that the valuation of the company shares was tainted by fraud, which was the only ground upon which the consent judgment valuation could be set aside.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lee Harith Gary (alias Lee Cheng Thiam) [2004] SGHC 79

In Public Prosecutor v Lee Harith Gary [2004] SGHC 79, the High Court rejected the defense of suicide, finding the accused guilty of murder. The court ruled that the accused pushed the victim to her death following a history of harassment, resulting in a mandatory death sentence.

Sushant Shukla· ·8 min read
Singapore

Merriwa Pty Ltd v Romar Positioning Equipment Pte Ltd [2004] SGHC 78

A deed of settlement and release is not effective if the conditions for payment and discharge are not met.

Sushant Shukla· ·15 min read
Singapore

Tan Eng Chye v The Director of Prisons [2004] SGHC 77

The court held that a medical assessment for caning under s 232(1) of the Criminal Procedure Code must be thorough and consider the offender's known medical conditions, such as Marfan Syndrome, to be valid.

Sushant Shukla· ·14 min read
Singapore

Law Society of Singapore v Subbiah Pillai [2004] SGHC 75

A solicitor who acts for both parties in a conveyancing transaction without warning of potential conflicts and obtaining informed consent commits misconduct.

Sushant Shukla· ·14 min read
Singapore

Chua Kim Leng Timothy v Public Prosecutor [2004] SGHC 74

The court held that a custodial sentence was appropriate for a private sector offender in a corruption case where the offender's culpability was significantly higher than that of the receivers of the bribes, and where the public interest in maintaining the integrity of the bunker

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Yeow Ban Soon [2004] SGHC 73

In Public Prosecutor v Yeow Ban Soon [2004] SGHC 73, the High Court acquitted the accused of rape charges, citing unreliable complainant testimony and inconsistent evidence. The court convicted the accused only of voluntarily causing hurt under section 323 of the Penal Code.

Sushant Shukla· ·9 min read
Singapore

Lim Teck Chye v Public Prosecutor [2004] SGHC 72

The court affirmed that abetment by conspiracy requires proof of a common design and an act in pursuance of that conspiracy, and that custodial sentences are appropriate for corruption in a commercial context where the public interest is adversely affected.

Sushant Shukla· ·13 min read
Singapore

Chwee Kin Keong and Others v Digilandmall.com Pte Ltd [2004] SGHC 71

In Chwee Kin Keong v Digilandmall.com, the High Court dismissed claims for breach of contract, ruling that agreements were void ab initio because the plaintiffs knowingly exploited the defendant's pricing error. The case establishes that the objective theory of contract does not protect opportunisti

Sushant Shukla· ·8 min read
Singapore

Subramaniam s/o Gurusamy and Others v Sagadevan s/o Gurusamy and Others [2004] SGHC 70

The court varied an assistant registrar's order regarding an accounting dispute between siblings, clarifying the liability of the first defendant and providing consequential orders for the sale of a property.

Sushant Shukla· ·13 min read
Singapore

Sutanto Henny v Suriani Tani also known as Li Yu and Another [2004] SGHC 7

A claim should not be struck out under O 18 r 19 of the Rules of Court if it discloses some cause of action or raises a question fit to be decided at trial, even if the case is weak.

Sushant Shukla· ·14 min read
Singapore

Sun Fook Kong Construction Ltd (formerly known as Sung Foo Kee, Ltd) v Housing and Development Board [2004] SGHC 69

A party who has novated its contract to a third party and is no longer a party to the contract or the associated security bond has no locus standi to challenge a call on the bond.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Chia Teck Leng [2004] SGHC 68

In Public Prosecutor v Chia Teck Leng [2004] SGHC 68, the High Court sentenced a former finance manager to 42 years' imprisonment for massive fraud. The case highlights that abusing a position of trust is a major aggravating factor, prioritizing the integrity of commerce over mitigating circumstance

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Mohd Arsad Bin Hassan [2004] SGHC 67

The court held that the accused was guilty of trafficking in diamorphine exceeding 15g, thereby mandating the death penalty.

Sushant Shukla· ·12 min read