Latest articles
Full Fledge Holdings Ltd v Wisanggeni Lauw (No 2) [2004] SGHC 209
In Full Fledge Holdings Ltd v Wisanggeni Lauw (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Judgments and orders.
Chua Tian Bok Timothy v Public Prosecutor [2004] SGHC 208
The court held that a magistrate correctly exercised his discretion to withhold consent to the composition of a road rage offence under s 323 of the Penal Code, as the strong public interest in deterring road rage incidents overrides the victim's consent to compound.
Zubaida Binte Hussain and Others v Tan Sze Joo [2004] SGHC 207
The court held that the Plaintiff's depression was primarily caused by her mother's death rather than the accident, and thus disallowed claims for loss of earnings and future medical expenses.
Re CEP Instruments Pte Ltd (in liquidation) [2004] SGHC 206
The court held that a party seeking to set aside a default judgment obtained after failure to comply with an 'unless order' must show that the failure was not intentional or contumelious and that there was no prejudice to the other party.
Public Prosecutor v Tan Ping Koon and Another [2004] SGHC 205
The offence of kidnapping for ransom under s 3 of the Kidnapping Act is complete upon abduction with the intent to hold for ransom; an actual demand for ransom is not a necessary element of the offence.
Luzon Hydro Corp v Transfield Philippines Inc [2004] SGHC 204
The court held that there was no evidence that the expert assistant had overstepped his bounds or that the tribunal had abdicated its responsibility, and that the applicant's complaints were based on speculation rather than strong evidence of irregularity.
Chua Siew Lin v Public Prosecutor [2004] SGHC 203
The court held that purportedly light-hearted words can amount to a threat under s 503 of the Penal Code when used under intimidating circumstances, and that an appellate court will only depart from a trial judge's findings of fact if they are clearly erroneous.
Public Prosecutor v Zailani bin Ahmad [2004] SGHC 202
The court held that the accused failed to establish the defence of diminished responsibility on a balance of probabilities, as his actions during the commission of the offence demonstrated a high degree of control and composure, inconsistent with the claimed paradoxical stimulant
Ong Chin Keat Jeffrey v Public Prosecutor [2004] SGHC 201
The court held that the plain meaning of "trafficking" under the Misuse of Drugs Act applies to all offenders, including those involved in single transactions, and that entrapment is not a valid defence to a criminal charge in Singapore.
Law Society of Singapore v Junaini bin Manin [2004] SGHC 200
Where a solicitor has been convicted of a criminal offence involving fraud or dishonesty, the court has almost invariably chosen to strike a solicitor off the roll.
Scotts Investments (Singapore) Pte Ltd (in compulsory liquidation) v Jumabhoy Ameerali R and Others [2004] SGHC 20
A director is not entitled to remuneration for services rendered unless specifically approved by the board, and the term 'costs and expenses' in an indemnity resolution does not include such remuneration.
Arokiasamy Joseph Clement Louis v Singapore Airlines Ltd [2004] SGHC 2
Section 13(2) of the Employment Act is a deeming provision where continuous absence for more than two days without leave or reasonable excuse, or without informing the employer, constitutes a deemed repudiation of the contract of service, entitling the employer to terminate the c
Hong Leong Finance Ltd v Public Prosecutor [2004] SGHC 199
The court held that forfeiture of a vehicle used in a serious offence is justified even if the owner is an innocent party, and that delay in filing a petition for criminal revision can attenuate any claim of injustice.
The "Acrux" [2004] SGHC 198
The court held that a payment under protest does not end the in rem action, and the plaintiff is entitled to be secured for costs based on its reasonably arguable best case.
Wong Ser Wan v Ng Bok Eng Holdings Pte Ltd and Another (No 2) [2004] SGHC 197
An individual creditor is entitled to commence an action under s 73B of the Conveyancing and Law of Property Act to annul a fraudulent conveyance, even if the debtor has been adjudicated a bankrupt, provided the creditor does not seek to retain the recovered assets for themselves
Tan Eng Chye v The Director of Prisons (No 2) [2004] SGHC 196
The High Court dismissed the application for judicial review in Tan Eng Chye v The Director of Prisons, ruling that a medical officer's assessment for caning is not a reviewable 'decision-making' function, as the sentencing judge is statutorily bound regardless of the medical report.
Eastern Pretech Pte Ltd v Kin Lin Builders Pte Ltd [2004] SGHC 195
The court will not set aside a winding up order where the company is insolvent and there is no realistic prospect of a scheme of arrangement succeeding, especially when creditors do not support it.
Burby, Mark v Koo Khin Yong and Others [2004] SGHC 194
A document containing the clause 'subject to contract' will, prima facie, not constitute a binding obligation unless there are exceptional circumstances that show that the prima facie implication must be displaced.
Chia Ee Lin Evelyn v Teh Guek Ngor Engelin nee Tan and Others [2004] SGHC 193
The court held that the defendants failed to prove the existence of five alleged oral agreements that would have varied the written consultancy agreement, and that the termination of the plaintiff's consultancy was a repudiatory breach by the defendants.
Dayco Products Singapore Pte Ltd (in liquidation) v Ong Cheng Aik [2004] SGHC 192
A director, as a fiduciary, must make full disclosure of any personal interest in transactions with the company to the shareholders or an independent board to avoid liability for unauthorised profits.
DM Divers Technics Pte Ltd v Tee Chin Hock [2004] SGHC 191
Directors owe fiduciary duties to their companies, including the duty to act honestly and in good faith, and not to place themselves in a position of conflict. A director who misappropriates company funds is liable to compensate the company.
United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and Others [2004] SGHC 190
The time limit for filing a summary judgment application under O 14 r 14 of the Rules of Court is an absolute time bar that cannot be extended by the court or by consent of the parties, and amendments to pleadings do not postpone the deemed closure of pleadings.
Cheong Ghim Fah and Another v Murugian s/o Rangasamy [2004] SGHC 19
The court held that a motorist who runs down a pedestrian from the rear is liable for negligence unless they can prove they were keeping a proper lookout and were not speeding. The court also held that a breach of the Highway Code by a pedestrian does not automatically negate the
Gurnam Kaur d/o Sardara Singh v Harbhajan Singh s/o Jagraj Singh (alias Harbhajan Singh s/o Jogaraj Singh) [2004] SGHC 189
In Gurnam Kaur d/o Sardara Singh v Harbhajan Singh s/o Jagraj Singh (alias Harbhajan Singh s/o Jogaraj Singh), the High Court of the Republic of Singapore addressed issues of Land — Interest in land.