Latest articles
Chai Choon Yong v Central Provident Fund Board and Others [2004] SGHC 65
A CPF nomination is a unilateral instrument that takes effect upon the member's death, and CPF moneys are separate from the member's estate and cannot be disposed of by will.
Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat [2004] SGHC 64
A foreign judgment obtained by a casino for a genuine loan made to a patron for gambling is enforceable in Singapore, as it does not violate public policy.
Mohamed Bassatne and Others v Rifaat El Gohary and Others [2004] SGHC 63
The court held that the MOU was a binding contract despite being labelled a memorandum of understanding, as the parties' intention was clear and they had acted upon it.
Chan Hong Seng Engineering and Construction Pte Ltd v Vatten International Pte Ltd [2004] SGHC 62
The assessment of damages for breach of a construction subcontract requires reliance on interim progress certificates to determine the value of work done and the cost of completion by a third party.
Newtech Engineering Construction Pte Ltd v BKB Engineering Construction Pte Ltd and Others [2004] SGHC 61
In Newtech Engineering v BKB Engineering [2004] SGHC 61, the High Court ruled in favor of the plaintiff for $55,037.18, dismissing the defendant's counterclaim for liquidated damages due to a lack of substantiated evidence regarding delay calculations and project documentation.
Kaki Bukit Industrial Park Pte Ltd v Ng Man Heng and Others [2004] SGHC 60
A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant proves that there is another available forum that is clearly more appropriate for the trial of the action.
Engelin Teh Practice LLC v Wee Soon Kim Anthony [2004] SGHC 6
A law corporation cannot enforce a costs agreement entered into by a predecessor partnership where the law corporation was not a party to the agreement and there was no valid assignment or novation.
China Construction (South Pacific) Development Co Pte Ltd v Shao Hai [2004] SGHC 59
The Court of Appeal overturned a negligence finding against China Construction (South Pacific) Development Co, ruling that employers are not liable for injuries resulting from an employee's spontaneous, unforeseeable misconduct. The judgment clarifies the limits of an employer's duty of care.
Kwok Wai Leng v Chan Sooi Hong [2004] SGHC 58
The court affirmed the district judge's decision on maintenance and division of matrimonial assets, noting that the court should adopt a broad-brush approach to determine a just and equitable division.
Public Prosecutor v Mohd Raffiq Bin Mohd Aslam [2004] SGHC 57
A retracted confession can be relied upon to convict an accused if the court is satisfied that the confession is true, without the need for corroborative evidence.
Thia Tong Mui Phyllis v Yam Chor Hua [2004] SGHC 56
An award for loss of earning capacity is made when there is a risk that the plaintiff may lose their employment and be at a disadvantage in the open market. The court found no such risk in this case.
Ang Leng Hock v Leo Ee Ah [2004] SGHC 55
The principles in Ladd v Marshall apply to Registrar's Appeals in the High Court, meaning fresh evidence is not automatically admissible.
Public Prosecutor v Nguyen Tuong Van [2004] SGHC 54
The court held that the mandatory death penalty under the Misuse of Drugs Act is constitutional and does not violate the equal protection clause under Article 12 of the Constitution.
Polar Arts of Asia Pte Ltd v Hotline KTV Karaoke Lounge Pte Ltd and Another [2004] SGHC 53
In assessing damages for damaged goods, the court should award the sum that puts the plaintiff in the position they would have been in had the tort not been committed, based on the reduction in market value.
Annis bin Abdullah v Public Prosecutor [2004] SGHC 52
The High Court has revisionary powers to amend both the charge and the statement of facts in criminal proceedings, provided that such amendments do not cause prejudice to the accused. The age of the victim is a critical factor in sentencing for offences under s 377 of the Penal C
Law Society of Singapore v Sarjit Singh s/o Mehar Singh [2004] SGHC 51
An advocate and solicitor convicted of criminal breach of trust in their professional capacity will be struck off the roll as a matter of course, with mitigating factors carrying negligible weight.
Wang Wang Pawnshop Pte Ltd and Others v K J Tiffany and Others [2004] SGHC 50
A judge in a disposal inquiry is not limited to restoring items to the last person in lawful possession but is duty-bound to examine the issue of ownership under the relevant statutes.
Creative Technology Ltd v Cosmos Trade-Nology Pte Ltd and Another [2004] SGHC 5
In Creative Technology Ltd v Cosmos Trade-Nology, the Singapore High Court held the defendants liable for trademark infringement and passing off. The court rejected mechanical profit calculations, awarding USD 150,000 in total damages based on a fair assessment of lost profits and reputational harm.
Re Econ Corp Ltd (in provisional liquidation) (No 2) [2004] SGHC 49
Insolvency practitioners must justify their remuneration by providing detailed, contemporaneous records of work done, and the court will assess this based on fairness, reasonableness, and value contributed, rather than mere time-costing.
Kuan Cheng Poh v Public Prosecutor [2004] SGHC 48
An appellate court will be slow to disturb a lower court's findings of fact unless they are plainly wrong or against the weight of the evidence.
Wee Poh Hueh Florence v Performance Motors Ltd [2004] SGHC 47
The date for assessment of damages for breach of warranty of quality in a sale of goods contract is prima facie the date of delivery, though this may be displaced if the defect is latent and discovered later.
Public Prosecutor v Katun Bee Bte S Ibrahim [2004] SGHC 46
The court convicted the accused of culpable homicide not amounting to murder under s 304(b) of the Penal Code, rejecting the defence of self-defence.
The "Hyundai Fortune" [2004] SGHC 45
The court refused to stay proceedings in favour of a foreign jurisdiction clause because the claimant demonstrated strong cause, including the lack of an arguable defence by the defendants and the strong connection of the dispute to Singapore.
Yeo Kwan Wee Kenneth v Public Prosecutor [2004] SGHC 44
The appellate court will defer to the trial judge's findings of fact unless they are plainly wrong or against the weight of the evidence, and the rule in Browne v Dunn is a matter of procedural fairness that does not shift the burden of proof.