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Public Prosecutor v Chaw Aiang Wah [2004] SGHC 164
Deterrent sentences are necessary for violent crimes arising from 'face rage' incidents in public places.
Johnson Pacific Pte Ltd v Hogberg Fred Rickard Robin William and Others [2004] SGHC 163
The court held that particulars of pleading should be provided to inform the other side of the case they have to meet, but requests for particulars that are excessive, harassing, or oppressive will be disallowed.
Excel Golf Pte Ltd v Allied Domecq Spirits and Wine (Singapore) Ltd (No 2) [2004] SGHC 162
A breach of a condition in an oral agreement entitles the innocent party to terminate the contract if the breach is so serious that it deprives the innocent party of substantially the whole benefit of the contract.
Toh Kim Chan v Toh Kim Tian and Others [2004] SGHC 161
The court held that in a small family-run business, documentation and accounting practices may not meet rigorous standards, and the burden of proof on the managing partner must be examined in light of the informal nature of the partnership.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd (No 2) [2004] SGHC 160
Section 116(1) of the Land Titles (Strata) Act does not create a cause of action; it merely empowers the management corporation to sue on behalf of subsidiary proprietors where a cause of action already exists.
Govindaraj Perumalsamy and Others v Public Prosecutor and Other Appeals [2004] SGHC 16
The court held that identification evidence of poor quality requires supporting evidence to be safe for conviction, and that a rejected alibi does not automatically provide such support.
Mizuho Corporate Bank Ltd v Cho Hung Bank [2004] SGHC 159
The court will refuse a stay of proceedings if the defendant fails to establish that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.
Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng [2004] SGHC 158
The decision in Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng [2004] SGHC 158 represents a seminal exploration of the boundaries between commercial judgment and the breach of fiduciary duties within the context of a family-founded business transitioning into a publ
Prosperland Pte Ltd v Civic Construction Pte Ltd and Others [2004] SGHC 157
The court held that the developer could sue for breach of contract despite having divested its interest in the property, applying the principle in The Albazero and St Martins Property Corporation Ltd v Sir Robert McAlpine Ltd. It also held that separate defects in a building can
Ong Ting Ting v Public Prosecutor [2004] SGHC 156
An appellate court will be slow to overturn a trial judge's findings of fact, especially where the decision rests on the credibility of witnesses observed by the trial judge.
Bayerische Hypo- und Vereinsbank AG v Asia Pacific Breweries (Singapore) Pte Ltd and Other Applications [2004] SGHC 155
The High Court allowed APBS's appeal, setting aside pre-action discovery orders. The court ruled that mere relevance is insufficient; applicants must demonstrate that disclosure is 'necessary' for fair disposal or cost-saving, rejecting the banks' attempt at broad, speculative discovery.
Public Prosecutor v Selvaraju s/o Satippan [2004] SGHC 154
A demand for money believed to be owed to the kidnapper by the victim or their family constitutes a 'ransom' demand under the Kidnapping Act.
United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and Others [2004] SGHC 153
The High Court does not have the power to extend time for the filing of an O 14 application outside the period of limitation prescribed by O 14 r 14, as O 14 r 14 is a written law relating to limitation.
The "MMM Diana" ex "Able Director" [2004] SGHC 152
A registrar has jurisdiction to hear an application for an extension of time to comply with an 'unless order' and to set aside a default judgment obtained pursuant to such an order.
Lee Kiang Leng Stanley v Lee Han Chew (trading as Joe Li Electrical Supplies) [2004] SGHC 151
The court held that s 64(1) of the Bankruptcy Act is not limited to instances of defaults by a petitioner and allows the court to order security for part or all of a debt.
John While Springs (S) Pte Ltd and Another v Goh Sai Chuah Justin and Others [2004] SGHC 150
A fiduciary in breach is liable to make restitution to restore the wronged person to the position they would have been in had no breach occurred, and the burden of proof lies with the plaintiff to prove loss, after which it shifts to the defendant to show the loss would have occu
SIS Technologies Pte Ltd v Chan Beng Wai (Tan Kuan Yew and Others, Third Parties) [2004] SGHC 15
The court held that the indemnity document was merely a draft that was not intended to be legally binding, as it was never delivered to the plaintiffs and contained handwritten amendments.
The Bank of East Asia Ltd v Mody Sonal M and Others [2004] SGHC 149
A mortgagee is not a trustee of the power of sale and is entitled to exercise it for its own purposes, provided it acts in good faith and takes reasonable care to obtain the true market value at the time of sale.
Chia Sok Kheng Kathleen v The Management Corporation Strata Title Plan No 669 [2004] SGHC 148
The court held that a management corporation is not liable for withholding consent for renovations or changes of use if it acts honestly and responsibly, and that claims for breach of contract under the Land Titles (Strata) Act are subject to the Limitation Act.
Ang Siam Hua v Teo Cheng Hoe [2004] SGHC 147
In Ang Siam Hua v Teo Cheng Hoe [2004] SGHC 147, the High Court awarded $344,632.73 in damages for a motor vehicle accident. The court carefully assessed special damages and loss of earning capacity, rejecting speculative medical costs and addressing the impact of tax under-declaration on claims.
Stratech Systems Ltd v Guthrie Engineering (S) Pte Ltd [2004] SGHC 146
The court held that the plaintiff was entitled to claim for variation works and maintenance services on a quantum meruit basis, as the defendant failed to prove its set-off claims for liquidated damages and other deductions.
Keimfarben GmbH and Co KG v Soo Nam Yuen [2004] SGHC 145
Hearsay evidence is inadmissible unless it falls within an exception under the Evidence Act, and the burden of proving loss in an assessment of damages lies entirely with the plaintiff, who must provide expert evidence where necessary.
XACCT Technologies Ltd v Orient Telecommunication Networks Pte Ltd formerly known as Orient Telecommunication Networks (Singapore) Pte Ltd and formerly known as XA Alliance Pte Ltd [2004] SGHC 144
In XACCT Technologies Ltd v Orient Telecommunication Networks Pte Ltd formerly known as Orient Telecommunication Networks (Singapore) Pte Ltd and formerly known as XA Alliance Pte Ltd, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Discovery of documents.
Diva XL Pte Ltd v Goenka Mahesh Kumar [2004] SGHC 143
In Diva XL Pte Ltd v Goenka Mahesh Kumar [2004] SGHC 143, the High Court held a director personally liable for inducing a breach of contract. The court rejected the defendant's good faith defense, ruling that he acted as the company's alter ego for personal gain, ordering judgment for the plaintiff.