Latest articles
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2004] SGHC 142
Discovery of documents is governed by O 24 r 1(2) of the Rules of Court, where documents are discoverable if they could adversely affect or support a party's case, provided they are necessary for disposing fairly of the matter.
Full Fledge Holdings Ltd v Wisanggeni Lauw [2004] SGHC 141
In Full Fledge Holdings Ltd v Wisanggeni Lauw [2004] SGHC 141, the High Court ordered the defendant to transfer 10,625,000 shares, rejecting his 'ex gratia' defence as inconsistent with his prior conduct and correspondence with solicitors.
Australia and New Zealand Banking Group Ltd v Ding Pei Chai and Others [2004] SGHC 140
In Australia and New Zealand Banking Group Ltd v Ding Pei Chai [2004] SGHC 140, the court upheld an informal agreement regarding corporate control, exercising equitable jurisdiction to preserve disputed funds despite a lack of formal procedural compliance under the company's articles of association.
Tay Aik Long Andrew v Public Prosecutor [2004] SGHC 14
An appellate court will not interfere with a trial judge's findings of fact unless they are clearly against the weight of the evidence or the judge's assessment of credibility was plainly wrong.
Smart Modular Technologies Sdn Bhd and Another v Federal Express (Singapore) Pte Ltd [2004] SGHC 139
The Singapore High Court dismissed the claim against Federal Express (Singapore) Pte Ltd, ruling that no contractual or bailment relationship existed. The court held that the defendant was not the carrier and never held possession of the goods, as it acted solely as an agent for a foreign affiliate.
Chiam Toon Hong v Ong Soo Yong [2004] SGHC 138
A vendor cannot rely on Condition 5 of the Law Society of Singapore's Conditions of Sale 1999 to annul a contract if their refusal to comply with a purchaser's reasonable request (such as varying a court order affecting title) is unreasonable.
Public Prosecutor v Sinsar Trading Pte Ltd [2004] SGHC 137
The High Court has revisionary jurisdiction to set aside a conviction and sentence where there is serious injustice, such as when a district judge exceeds jurisdiction by accepting a plea of guilty by letter for an offence punishable by imprisonment exceeding three months.
Public Prosecutor v Boon Yu Kai John [2004] SGHC 136
An appellate court is competent to draw inferences from established facts where there is no issue of witness credibility. The respondent was acquitted by reason of unsoundness of mind, and the trial court must follow the mandatory procedure under s 315 of the Criminal Procedure C
Public Prosecutor v Shahary bin Sulaiman [2004] SGHC 135
The court found the accused guilty of drug trafficking based on his possession of the drugs and his own admissions, rejecting his defence that he was unaware of the contents of the Lafuma bag.
Stone Forest Consulting Pte Ltd v Wee Poh Holdings Ltd [2004] SGHC 134
A board resolution of a company acknowledging services rendered and undertaking to pay fees constitutes a clear admission of liability, precluding the company from raising unmeritorious defences in summary judgment proceedings.
Re Kotjo Johanes Budisutrisno, ex parte International Factors Leasing Pte Ltd [2004] SGHC 133
The court has the power to allow amendments to a bankruptcy petition at any time under s 13 of the Bankruptcy Act, and r 102(2) of the Bankruptcy Rules does not operate as a time bar for such amendments.
Murugasu, Euan v Singapore Airlines Ltd [2004] SGHC 132
The court upheld the assessment of damages for a surgeon who suffered permanent injuries, necessitating a career change. It ruled that the shift from surgery to administration was a direct result of the injury rather than a voluntary choice, justifying the award.
Ong Jane Rebecca v Lim Lie Hoa and Others (No 5) [2004] SGHC 131
The court held that in an inquiry into estate assets, the evidential burden of proof lies with the party asserting the existence of an asset, and the court will not draw adverse inferences without specific evidence.
Lion City Holdings Pte Ltd (in liquidation) v Jumabhoy Asad and Others [2004] SGHC 130
The court held that an amendment to a writ to add a new cause of action will not be allowed if it would defeat a limitation defence, unless the new cause of action arises out of the same or substantially the same facts as the existing claim.
Public Prosecutor v Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez [2004] SGHC 13
In Public Prosecutor v Abdul Aziz s/o Hameed Sultan @ Nur Mohammad Hafeez, the High Court of the Republic of Singapore addressed issues of Criminal Law — Offences, Criminal Procedure and Sentencing — Sentencing.
Eversendai Engineering Pte Ltd v Synergy Construction Pte Ltd (Ministry of Education, Third Party) [2004] SGHC 129
In Eversendai Engineering Pte Ltd v Synergy Construction Pte Ltd [2004] SGHC 129, the Court dismissed an attachment order, ruling it void under the Companies Act. The decision reinforces the pari passu principle, preventing individual creditors from gaining unfair preference over others during insol
Public Prosecutor v Akbar Late Md Hossain Howlader [2004] SGHC 128
The court held that the accused was guilty of rape based on the victim's credible testimony and DNA evidence, despite the accused's inconsistent statements and lies.
Ling Uk Choon and Another v Public Accountants Board [2004] SGHC 127
The High Court allowed the appeal in Ling Uk Choon v Public Accountants Board, ruling that improper conduct alone is insufficient for disciplinary sanctions. The Board must also prove the conduct brings the profession into disrepute, a distinct requirement that was not met in this case.
Zhang Yiguang (suing by the committee and estate of his person, Tong Wen Li) v Intergraph Systems South East Asia Pte Ltd [2004] SGHC 126
An employer who takes out insurance on the life and health of an employee holds the benefits of such policies as trustee for the employee, unless otherwise specified.
Cheong Ghim Fah and Another v Murugian s/o Rangasamy (No 2) [2004] SGHC 125
In Cheong Ghim Fah v Murugian s/o Rangasamy [2004] SGHC 125, the court affirmed the plaintiffs' right to initiate proceedings in the High Court, ruling they met the statutory criteria under the Subordinate Courts Act. Costs were awarded on the High Court scale, emphasizing proper forum selection.
Naidu Rajasimha and Another v Naidu Sathyamurthi Narsimhan and Others [2004] SGHC 124
A presumed resulting trust arises where property is bought by A in the name of B, but the presumption can be rebutted by evidence. The plaintiffs failed to prove the existence of an oral agreement or that the purchase money was provided by the estate of Lakshmi Naidu.
RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others [2004] SGHC 123
The court held that the claimant bank failed to establish that the metals in the warehouses were ascertained by appropriation to its contracts of purchase, and that the metals did not form part of an identified bulk under s 20A of the Sale of Goods Act.
Public Prosecutor v Cheong Hock Lai and Other Appeals [2004] SGHC 122
A custodial sentence is not mandatory for late trading offences under s 102(b) SIA where the offender traded on their own account and made full restitution, as fines can serve the purpose of deterrence.
Roslan Bin Abdul Rani v Public Prosecutor [2004] SGHC 121
An appellate court will not disturb a trial judge's findings of fact, particularly those based on witness credibility, unless the judge was plainly wrong.