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Public Prosecutor v Raffi Bin Jelan and Another [2004] SGHC 120
In Public Prosecutor v Raffi Bin Jelan [2004] SGHC 120, the court imposed 20 years of preventive detention and 21 strokes of caning on a habitual offender. The ruling clarifies that preventive detention does not preclude mandatory caning under the Penal Code, prioritizing public safety over proporti
Muhamad Ilyas Bin Mirza Abdul Hamid v Kwek Khim Hui [2004] SGHC 12
The court assessed damages for a plaintiff who suffered serious head injuries in a motorcycle accident, awarding a global sum for pain and suffering and loss of amenities to avoid overlap, and awarding damages for loss of scholarship and loss of earning capacity based on the plai
Sim Teck Meng David v Public Prosecutor [2004] SGHC 119
An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence, and the appellant must show that the trial judge's findings were plainly wrong.
Lu Yuan Sheng v Hitachi Credit Singapore Pte Ltd [2004] SGHC 118
Substituted service of a statutory demand must comply with the Practice Directions regarding attempts at personal service; failure to do so renders the service ineffective.
Salim Anthony v Sumitomo Corp Capital Asia Pte Ltd and Others and Another Application [2004] SGHC 117
A surety's rights of subrogation are postponed rather than waived by a clause in a guarantee that requires prior exhaustion of remedies against the principal debtor, and an assignment of debt that does not comply with contractual notice requirements is invalid.
Fire-Stop Marketing Services Pte Ltd v Mae Engineering Ltd [2004] SGHC 116
The court held that the term '5000m2' in the sub-contract was merely an estimate of the work to be done and not a fixed quantity for a lump sum, as the actual area was unknown at the time of the award. Payment should be based on the actual measured work done.
OCM Opportunities Fund II, LP and Others v Burhan Uray (alias Wong Ming Kiong) and Others [2004] SGHC 115
The court held that the tort of conspiracy to injure by unlawful means is actionable in Singapore, and that the unlawful means need not be actionable at the suit of the claimant.
Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado (No 2) [2004] SGHC 114
The court affirmed the district judge's division of matrimonial assets at 70% to the husband and 30% to the wife, noting the husband's greater contribution to asset acquisition and the wife's failure to provide consortium for a significant period.
Public Prosecutor v Lim Boon Seng [2004] SGHC 113
The court sentenced the accused to three years and six months imprisonment for culpable homicide not amounting to murder, considering the accused was not the aggressor and showed genuine remorse.
Wong Kia Meng (trading as Smart Tuition Centre) v Seet Siow Luan and Others [2004] SGHC 112
The court held that the plaintiff was merely a nominal owner of the business, holding it on trust for the first defendant, who was the true beneficial owner.
Chia Yang Pong v Singapore Medical Council [2004] SGHC 111
The Disciplinary Committee of the Singapore Medical Council has no power to impose a fine exceeding $10,000 in total for all charges, as the fine is intended to be an intermediate penalty.
Chong Ken Ban (alias Chong Johnson) and Another v Management Corporation Strata Title Plan No 1395 [2004] SGHC 110
The Strata Titles Board has concurrent jurisdiction with the High Court to hear applications for the enforcement of by-laws under the Land Titles (Strata) Act.
Ong Ah Tiong v Public Prosecutor [2004] SGHC 11
The court held that sentencing for trade mark infringement should be determined by the number of infringing articles involved rather than a fixed jail term per charge, and that deterrent sentences are warranted for large-scale distribution of counterfeit goods in Singapore.
Sabah Shipyard (Pakistan) Ltd v Government of the Islamic Republic of Pakistan [2004] SGHC 109
The court held that a dispute over the costs of an arbitration, where the underlying dispute was settled or withdrawn, is a dispute 'arising in connection with' the underlying contract and thus falls within the scope of the arbitration clause.
Liquidator of W&P Piling Pte Ltd v Chew Yin What and Others [2004] SGHC 108
In Liquidator of W&P Piling Pte Ltd v Chew Yin What and Others, the High Court of the Republic of Singapore addressed issues of Insolvency Law — Winding up.
Jia Min Building Construction Pte Ltd v Ann Lee Pte Ltd [2004] SGHC 107
In Jia Min Building Construction Pte Ltd v Ann Lee Pte Ltd [2004] SGHC 107, the High Court reconciled sub-contract payments and counterclaims, ultimately entering judgment for the defendant for $4,362.34. Due to partial success by both parties, the court made no order as to legal costs.
Re Jeyaretnam Joshua Benjamin, ex parte Indra Krishnan (No 2) [2004] SGHC 106
The court held that a bankruptcy order should not be discharged where the administration of the bankrupt's assets is incomplete and the bankrupt has failed to cooperate with the Official Assignee.
Afro-Asia Shipping Co (Pte) Ltd v Da Zhong Investment Pte Ltd and Others (No 2) [2004] SGHC 105
The court held that a defendant who elects not to call evidence is not liable for the plaintiff's costs of preparing for cross-examination, as such preparation is a basic part of trial preparation. However, a defendant may be liable for hearing fees thrown away if they fail to no
Ho Kian Cheong v Ho Kian Guan and Others [2004] SGHC 104
The court held that the doctrine of functus officio did not apply to an interlocutory application where no substantive order had been made, and that res judicata estoppel does not apply to the dismissal of an interlocutory application.
Re Will and Codicil of Tan Tye, deceased (No 2) [2004] SGHC 103
The term "male issue" in a will refers to male descendants in the exclusively male line, and the phrase "not including adopted male" excludes all adopted males and their descendants.
Sumio Sakata and Others v Fuminori Paul Naruse and Others [2004] SGHC 102
The court held that orders for security for costs should not be disturbed on appeal unless in exceptional circumstances, and that a change of solicitors by a defendant does not automatically justify an increase in the total security for costs ordered.
Lim Kok Koon v Tan Cheng Yew and Another [2004] SGHC 101
A law firm is not vicariously liable for a partner's acts as an express trustee, as acting as an express trustee is not part of the ordinary business of a solicitor.
Rajendran a/l Palany v Drill-Quip Asia Pacific Pte Ltd [2004] SGHC 100
The court held that an award for future medication was warranted for backache, but upheld the assistant registrar's decision to deny damages for loss of future earnings due to the appellant's malingering.
Public Prosecutor v AA [2004] SGHC 10
In Public Prosecutor v AA, the High Court of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Sentencing.