Latest articles
Cycle and Carriage Motor Dealer Pte Ltd v Hong Leong Finance Ltd [2004] SGHC 274
A PARF certificate is a chattel capable of conversion, and the hire purchase company has an immediate right of possession to it upon the hirer's breach.
Nova Leisure Pte Ltd v Dynasty Theatre Nite-Club KTV and Lounge Pte Ltd [2004] SGHC 273
The court held that it does not have the power to authorise a liquidator to pay money out of a bank account unilaterally, and that the court may only authorise a liquidator to make payments into an account with a bank specified by the court.
Teo Teo Lee and Another v Top Chance Properties Pte Ltd [2004] SGHC 272
Case Details * Citation: [2004] SGHC 272 * Case Number: OS 1349/2004 * Decision Date: 22 December 2004 * Court: High Court of Singapore * Coram: Choo Han Teck J * Judgment Delivered By: Choo Han Teck
Public Prosecutor v Choa Joo Liang [2004] SGHC 271
The court found the accused guilty of trafficking in diamorphine and imposed the mandatory death sentence, noting that procedural irregularities regarding drug exhibits and photographic evidence did not affect the integrity of the case.
Re Horizon Knowledge Solutions Pte Ltd [2004] SGHC 270
The court refused to sanction a scheme of arrangement where related and unrelated creditors were not separately classed, and where there was a lack of transparency regarding material information such as the reverse take-over of the parent company.
Chin Swey Min a patient suing by his wife and next friend Lim Siew Lee v Nor Nizar Bin Mohamed [2004] SGHC 27
The court assessed damages for a plaintiff who suffered severe head injuries and mental impairment, determining the appropriate multipliers and multiplicands for loss of future earnings and pain and suffering.
Altvater Jakob Pte Ltd v Toh Eng Peng and Others [2004] SGHC 269
The High Court set aside a judgment against defendants for failing to comply with an unless order, ruling that the failure was due to an honest misinterpretation rather than contumacious conduct. The court held that striking out a defense is a disproportionate sanction for non-deliberate breaches.
Muhammad Shaun Eric Bin Abdullah alias De Silva Shaun Eric v Ng Ah Tee (Chua Seng Thye, Third Party) [2004] SGHC 268
The court held that the plaintiff failed to prove that his injuries (other than knee contusions) were caused by the accident, noting that the plaintiff's medical experts retracted their evidence upon learning of a subsequent fall.
Telestop Pte Ltd v Telecom Equipment Pte Ltd and Another Suit [2004] SGHC 267
In Telestop Pte Ltd v Telecom Equipment Pte Ltd [2004] SGHC 267, the High Court dismissed the plaintiffs' claims, ruling that implied terms regarding non-competition and mandatory promotional extensions could not be read into the franchise agreements, citing the business efficacy test.
Citibank NA v Lim Soo Peng and Another [2004] SGHC 266
The court held that the defendant failed to establish economic duress or undue influence to resist summary judgment, as the defendant had independent legal advice and failed to protest until sued.
By Products Traders Pte Ltd and Another v JAK Alhadad & Co Pte Ltd [2004] SGHC 265
A vendor who cannot fulfil contractual obligations to transfer property must refund deposits paid, especially where the vendor misrepresented the vendor's ability to convey title.
Nguyen Michael Anh v Serial System Ltd [2004] SGHC 264
The court held that the plaintiff did not have full title to the invention or patent application assigned to the defendant because the invention was developed or substantially developed during his prior employment with Omni, and thus belonged to Omni under his service agreement.
Ang Ming Chuang v Singapore Airlines Ltd (Civil Aeronautics Administration, Third Party) [2004] SGHC 263
The court stayed the Singapore action on the grounds of lis alibi pendens and forum non conveniens, as the defendant had commenced a wider action in Taiwan and Taiwan was the more appropriate forum.
Merchant Ventures Pte Ltd v Chin Bay Ching [2004] SGHC 262
The court granted a mandatory injunction to retract defamatory letters because the risk of injustice to the plaintiff in withholding the injunction outweighed the risk to the defendant in granting it, and the defendant lacked a legitimate interest to protect.
Tong Guan Food Products Pte Ltd and Others v Teo Cheow Ngoh and Another [2004] SGHC 261
The High Court dismissed tracing claims by TG Snack Food (M), ruling that inter-company fund transfers for property development constituted a debtor-creditor relationship rather than a trust. The court emphasized that commercial transactions do not automatically create fiduciary duties for tracing.
Lian Teck Construction Pte Ltd v Woh Hup (Pte) Ltd and Others [2004] SGHC 260
The court affirmed the order for pre-action discovery on the basis that the documents were to be used for court proceedings, avoiding the need to decide whether the court has jurisdiction to order pre-arbitration discovery.
Mitsui Engineering & Shipbuilding Co Ltd v Easton Graham Rush and Another [2004] SGHC 26
The High Court has no jurisdiction or power to grant an interlocutory injunction to restrain an arbitrator from continuing arbitral proceedings pending the determination of a challenge to the arbitrator or an application to set aside an interim award, as the UNCITRAL Model Law (a
Tan Chor Chuan and Others v Tan Yeow Hiang Kenneth and Others [2004] SGHC 259
The court held that a deposition on oath regarding discovery is conclusive unless there is clear and uncontested evidence of suppression, and that the court's inherent power to address pre-action destruction of evidence should be governed by general touchstones of 'need', 'justic
Ho Soo Fong and Another v Standard Chartered Bank and Other Applications [2004] SGHC 258
A bank's standard terms and conditions providing for a right to lodge a caveat upon an event of default do not, without more, create an immediate equitable charge or mortgage over a borrower's property, and thus do not constitute a caveatable interest.
Lim Kaling v Hangchi Valerie [2004] SGHC 257
An interim preservation order under O 29 r 2(1) of the Rules of Court applies only to physical items in specie, not choses in action. An order under O 29 r 2(3) requires the fund to be clearly identifiable and not intermingled.
Ong Zern Chern Philip v Wong Siang Meng [2004] SGHC 256
In Ong Zern Chern Philip v Wong Siang Meng [2004] SGHC 256, the High Court awarded damages for a motor vehicle accident, ruling that loss of earning capacity should be assessed 'in the round' rather than through strict mathematical formulas, totaling $8,352.40 in special damages plus general damages
Wishing Star Ltd v Jurong Town Corp (No 2) [2004] SGHC 255
In Wishing Star Ltd v Jurong Town Corp, the High Court dismissed the claim for rescission, ruling that the defendant was not induced by misrepresentation and had affirmed the contract through its conduct despite having full knowledge of the facts.
Bayerische Hypo- und Vereinsbank AG v C K Tang Ltd [2004] SGHC 254
The court held that the termination of the transaction by the defendant was not a breach of contract as the mandate letter allowed for termination at any stage subject to the payment of a break-up fee.
Oei Hong Leong v Ban Song Long David and Others [2004] SGHC 253
The court held that the defendants successfully established the defences of justification, fair comment, and qualified privilege in a defamation action concerning comments made about a minority shareholder's conduct.