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Loh Luan Choo Betsy (alias Loh Baby) (administratrix of the estate of Lim Him Long) and Others v Foo Wah Jek [2004] SGHC 230
In Loh Luan Choo Betsy v Foo Wah Jek [2004] SGHC 230, the High Court dismissed the negligence claim, ruling that a driver reacting to a sudden tyre burst is not held to a standard of perfection. The court found the defendant's actions were a reasonable response to an emergency.
Velstra Pte Ltd (in liquidation) v Dexia Bank NV (formerly known as Artesia Banking Corp NV) [2004] SGHC 23
A simple payment without more can be a 'transaction' under s 98 of the Bankruptcy Act, but it requires an element of intention on the part of the parties to transact with each other.
Ang Kuang Hoe v Chia Chor Yew [2004] SGHC 229
In Ang Kuang Hoe v Chia Chor Yew [2004] SGHC 229, the court awarded damages for personal injury with 50% liability apportionment. Key rulings addressed the subrogation of medical expenses via the Public Trustee and established strict evidentiary requirements for special damages and loss of earning c
Mohamed Ismail bin Ibrahim and Another v Mohammad Taha bin Ibrahim (No 2) [2004] SGHC 228
An executor who is also an interested party in litigation concerning the estate may be denied indemnity for costs from the estate if the court finds the conduct of the litigation was not honestly brought forward or was for personal benefit.
Public Prosecutor v Chew Seow Leng [2004] SGHC 227
The court held that the presumption of trafficking under s 17(c) of the Misuse of Drugs Act was not rebutted, and that the mandatory death penalty for drug trafficking does not violate the constitutional right to equal protection.
Bakery Mart Pte Ltd v Ng Wei Teck Michael and Others [2004] SGHC 226
The court will not set aside a consent judgment except on grounds of fraud or where there has been a slip in drawing up the order or an error in expressing the manifest intention of the court.
Jeyasegaram David (alias David Gerald Jeyasegaram) v Ban Song Long David [2004] SGHC 225
In Jeyasegaram David v Ban Song Long David [2004] SGHC 225, the High Court dismissed the plaintiff's defamation claim, ruling that inferential evidence of ill will is insufficient to overcome the defences of qualified privilege and fair comment without concrete proof of express malice.
Public Prosecutor v Purwanti Parji [2004] SGHC 224
In Public Prosecutor v Purwanti Parji [2004] SGHC 224, the court sentenced a domestic worker to life imprisonment for a premeditated killing, ruling that retaliatory violence against employers is not justified and prioritizing deterrence over the offender's youth.
Sintal Enterprise Pte Ltd v Multiplex Constructions Pty Ltd [2004] SGHC 223
A claim that is indisputable cannot form the subject of a 'dispute' within the meaning of an arbitration clause, and thus cannot be referred to arbitration.
Banque Cantonale Vaudoise v RBG Resources plc and Another [2004] SGHC 222
A discovery application made after summary judgment has been granted is premature and should not be made to an assistant registrar if its purpose is to set aside the summary judgment; such an application should be made as a preliminary step in the appeal against summary judgment.
Empire International Holdings Ltd v Mok Kwong Yue and Another [2004] SGHC 221
A continuing guarantee covering past and future facilities is supported by valid consideration, and a guarantor's right to set-off can be validly excluded by the terms of the guarantee.
Lee Tat Development Pte Ltd v Management Corporation of Grange Heights Strata Title No 301 (No 2) [2004] SGHC 220
The court held that the plaintiff was estopped by issue estoppel from raising the issue of whether the right of way extended to the amalgamated lot 687, as this issue had been decided in previous litigation.
Lo Lee Len v Grand Interior Renovation Works Pte Ltd and Others [2004] SGHC 22
Gratuitous collateral benefits (such as insurance payments or taxi allowances) that are not insurance payments do not necessarily offend the rule against double recovery if the plaintiff is under a legal obligation to account for them to the third party.
Mizuho Corporate Bank Limited v Woori Bank [2004] SGHC 219
The court held that the '51 days clause' in the letters of credit was not a condition precedent to the issuing bank's obligation to pay, but rather a moratorium on negotiation. Breach of this clause did not entitle the issuing bank to refuse payment, but could potentially give ri
Ho Yiu v Lim Peng Seng [2004] SGHC 218
The court varied the assessment of damages for loss of earnings and future medical expenses, adjusting the multiplier for future earnings to 15 years and re-evaluating the multiplicands based on the plaintiff's specific role and economic conditions.
Chong Hon Kuan Ivan v Levy Maurice and Others (No 2) [2004] SGHC 217
A director is not liable in tort for inducing a breach of contract by their company if they act bona fide and within the scope of their authority.
CZ v DA and Another [2004] SGHC 216
The court dismissed a grandmother's application for access to her grandchild, ruling that grandparents do not have an inherent right to such orders. Access is only granted in very special circumstances, emphasizing the priority of parental rights in child custody matters.
Tang Yoke Kheng (trading as Niklex Supply Co) v Lek Benedict and Others (No 2) [2004] SGHC 215
The court held that the mere preference of one creditor over another does not constitute fraudulent trading under s 340(1) of the Companies Act, as it requires actual dishonesty and moral blame.
Eu Yee Kai Alexander Junior (alias Eu Sandy) v Hanson Ingrid Christina [2004] SGHC 214
In Eu Yee Kai Alexander Junior v Hanson Ingrid Christina [2004] SGHC 214, the court dismissed the plaintiff's application to remove a caveat on a matrimonial home, ruling that the defendant's interest was valid and protected despite the existence of other interim court orders.
Lie Hendri Rusli v Wong Tan and Molly Lim (a firm) [2004] SGHC 213
A solicitor is not required to investigate a client's commercial wisdom or financial position unless specifically instructed, and the absence of contemporaneous attendance notes does not automatically render a solicitor's testimony unreliable if the court finds the solicitor cred
Public Prosecutor v Sundarti Supriyanto [2004] SGHC 212
The court held that the accused was guilty of culpable homicide not amounting to murder under s 304(a) of the Penal Code, as the defence of grave and sudden provocation was made out.
Lee Kwan Kok and Another v Wong Chan Tong [2004] SGHC 211
The court assessed damages for a fatal accident claim, determining the appropriate multiplier and multiplicand for dependency and rejecting claims for special damages that were not proven.
Mohamed Ismail bin Ibrahim and Another v Mohammad Taha bin Ibrahim [2004] SGHC 210
In Mohamed Ismail bin Ibrahim v Mohammad Taha bin Ibrahim [2004] SGHC 210, the court invalidated a nuzriah gift provision for violating Islamic inheritance laws. The estate was ordered to be distributed to mosques and legal heirs according to the Syariah Court inheritance certificate.
Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another [2004] SGHC 21
The court assessed damages for loss of dependency by calculating the deceased's average monthly earnings from two jobs, applying a 25% deduction for personal expenses, and apportioning the remaining income between the widow and four children.