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Latest articles

Singapore

Law Society of Singapore v Yap Shao Sin Philip [2004] SGHC 252

Where a solicitor has been convicted of a criminal offence involving fraud or dishonesty, the court will strike the solicitor off the roll, regardless of mitigating factors.

Sushant Shukla· ·13 min read
Singapore

Velstra Pte Ltd (in compulsory winding up) v Azero Investments SA [2004] SGHC 251

In Velstra Pte Ltd v Azero Investments SA [2004] SGHC 251, the High Court ruled in favor of the plaintiff, holding the defendant liable as a constructive trustee for US$250,346.98 after finding that a debt assignment was a pre-planned breach of the director's fiduciary duties.

Sushant Shukla· ·8 min read
Singapore

Law Society of Singapore v Caines Colin [2004] SGHC 250

Where a solicitor has been convicted of a criminal offence involving dishonesty, the court will almost invariably strike the solicitor off the roll to protect the public and preserve the good name of the profession.

Sushant Shukla· ·14 min read
Singapore

Korea Asset Management Corp v Daewoo Singapore Pte Ltd (in liquidation) [2004] SGHC 25

The court will grant leave for compulsory winding up where a company is already in voluntary liquidation if it is necessary to ensure an independent investigation into the company's affairs, particularly where the voluntary liquidators are perceived to lack independence or where

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Low Ah Soy [2004] SGHC 249

The court sentenced the accused to four years' imprisonment for culpable homicide not amounting to murder, taking into account the defence of diminished responsibility due to a moderate depressive episode.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Donohue Enilia [2004] SGHC 248

The High Court has the power under s 256(d) of the Criminal Procedure Code to hear an appeal against a trial judge's refusal to grant a compensation order and to vary or reverse such an order.

Sushant Shukla· ·13 min read
Singapore

Chan Chan Wah v Public Prosecutor [2004] SGHC 247

The court held that the district judge was correct in calling for the defence as the Prosecution had established a prima facie case, and that the findings of fact regarding the appellant's knowledge of the stolen nature of the goods were not clearly erroneous.

Sushant Shukla· ·15 min read
Singapore

Chew Gim Ser v Public Prosecutor [2004] SGHC 246

The court held that the appellant was concerned in the importation of uncustomed cigarettes and that the conditions for adducing fresh evidence on appeal were not met.

Sushant Shukla· ·13 min read
Singapore

Nylect Engineering Pte Ltd v BKB Engineering Constructions Pte Ltd and Another [2004] SGHC 245

The court determined the validity of variation claims and liquidated damages in a construction sub-contract dispute, finding that the plaintiff failed to justify its claims and was liable for delays.

Sushant Shukla· ·16 min read
Singapore

Public Prosecutor v Sundarti Supriyanto (No 2) [2004] SGHC 244

The court sentenced the accused to life imprisonment for culpable homicide not amounting to murder, noting that a ten-year sentence would be manifestly inadequate given the nature of the injuries and the attempt to mask the offence.

Sushant Shukla· ·11 min read
Singapore

Australian Timber Products Pte Ltd v Koh Brothers Building & Civil Engineering Contractor (Pte) Ltd [2004] SGHC 243

The High Court dismissed the defendant's application to set aside a default judgment, ruling that the defendant failed to show a defence on the merits. The court prioritized signed final accounts and surveyor certifications over the defendant's unsubstantiated claims of defective work.

Sushant Shukla· ·8 min read
Singapore

Tan Bee Bee v Lim Kim Chin [2004] SGHC 242

The court held that indirect financial contributions should be taken into account under s 112(2)(d) of the Women's Charter, and that where a wife has contributed more to the family welfare, she should be awarded a higher percentage of matrimonial assets.

Sushant Shukla· ·14 min read
Singapore

Chan Hong Seng Engineering and Construction Pte Ltd v Vatten International Pte Ltd (No 2) [2004] SGHC 241

The court clarified that Hyundai's certificates were not the sole evidence for assessing work done, and that a 10% under-valuation by Hyundai should be added to the certified amounts.

Sushant Shukla· ·12 min read
Singapore

Pacrim Investments Pte Ltd v Tan Mui Keow Claire and Another [2004] SGHC 240

A company secretary has no power to register share transfers without board authority, and a pledge of share certificates accompanied by a blank transfer constitutes an equitable mortgage, which may breach a moratorium on share transfers.

Sushant Shukla· ·13 min read
Singapore

Euan Murugasu v Singapore Airlines Ltd [2004] SGHC 24

The court assessed damages for personal injuries sustained by a surgeon, including pain and suffering, pre-trial loss of earnings, and future loss of earnings, based on medical evidence of cervical spine injury.

Sushant Shukla· ·13 min read
Singapore

Re Eder Henry Bernard QC [2004] SGHC 239

The court held that the mere fact that a statute is new or lacks local judicial interpretation does not automatically render a case sufficiently difficult or complex to warrant the ad hoc admission of a Queen's Counsel under s 21 of the Legal Profession Act.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v DU [2004] SGHC 238

In Public Prosecutor v DU [2004] SGHC 238, the High Court convicted the accused of sexual abuse and outraging modesty, sentencing him to six years' imprisonment and six strokes of the cane. The court rejected defense claims regarding statement admissibility, affirming the prosecution's case.

Sushant Shukla· ·7 min read
Singapore

Khng Thian Huat and Another v Riduan bin Yusof and Another [2004] SGHC 237

The court held that contractual clauses requiring the restoration of premises to their original condition at the commencement of a tenancy refer to the commencement of the current tenancy, not the original one. Furthermore, costs are discretionary and should be determined by the

Sushant Shukla· ·14 min read
Singapore

Herbst Ehud v Sampoerna Putera and Another [2004] SGHC 236

A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant discharges the burden of showing that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.

Sushant Shukla· ·12 min read
Singapore

Wong Ah Chen and Another v Wong Yack Yoon and Another [2004] SGHC 235

The Applicants, as owners of a one-half undivided share in the land, have an equal right to use the common property, including the vacant land, and this right is not limited to foot traffic.

Sushant Shukla· ·13 min read
Singapore

Econ Corp Ltd v So Say Cheong Pte Ltd [2004] SGHC 234

A party seeking to rely on an alleged oral agreement or collateral contract bears the burden of proof to establish that the parties intended to create a legally binding contract, and the court will objectively assess the evidence, including background circumstances and subsequent

Sushant Shukla· ·14 min read
Singapore

Md Anverdeen Basheer Ahmed and Others v Public Prosecutor [2004] SGHC 233

The court held that an appellate court will not disturb findings of fact unless they are plainly wrong or clearly reached against the weight of evidence, and that under s 149 of the Penal Code, it is sufficient to show that one or more members of an unlawful assembly was armed wi

Sushant Shukla· ·13 min read
Singapore

Trustee of the Estate of Ong Thiam Huat v Chan Hock Seng [2004] SGHC 232

A plaintiff in a negligence claim against a liquidator must prove that they suffered actual loss. Where the plaintiff's own evidence contradicts the existence of the debt allegedly lost, the claim fails.

Sushant Shukla· ·15 min read
Singapore

Stuttgart Auto Pte Ltd v Ng Shwu Yong [2004] SGHC 231

A contract for repair is not formed where the owner does not provide the required authorisation and the parties fail to agree on the terms of the repair.

Sushant Shukla· ·14 min read