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Latest articles

Singapore

Lee Kuan Yew v Chee Soon Juan [2003] SGHC 78

A threat to enforce one's legal rights by instituting civil proceedings cannot amount to duress, provided the threat is made bona fide.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v C [2003] SGHC 77

The court sentenced the accused to 30 years imprisonment and 23 strokes of the cane for multiple counts of unnatural offences and outrage of modesty against his step-daughter, noting the gravity of the offences and the breach of trust.

Sushant Shukla· ·14 min read
Singapore

Teng Cheng Sin v Law Fay Yuen (m.w.) [2003] SGHC 76

A personal protection order is justified where there is a likelihood of recurring family violence, even if some evidence of specific incidents is disputed.

Sushant Shukla· ·13 min read
Singapore

Vellasamy Lakshimi v Muthusamy Suppiah David [2003] SGHC 75

The plaintiff failed to prove allegations of fraud and deceit in the transfer of property and withdrawal of funds, as the burden of proof lies on the party alleging fraud.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yeow Beng Chye [2003] SGHC 74

The court held that systematic and extensive inconsistencies in a key witness's testimony can destroy the credibility of their entire evidence, justifying an acquittal.

Sushant Shukla· ·12 min read
Singapore

T J Systems (S) Pte Ltd and Others v Ngow Kheong Shen [2003] SGHC 73

The court held that the defendant's e-mail was defamatory of the plaintiffs and that the defences of fair comment and qualified privilege were not made out.

Sushant Shukla· ·15 min read
Singapore

Daewoo Singapore Pte Ltd v CEL Tractors Pte Ltd [2003] SGHC 72

The court found that there was no binding and enforceable agreement between the parties to pay default interest on overdue invoices, as the alleged terms were not incorporated into the transactions.

Sushant Shukla· ·14 min read
Singapore

IBM Singapore Pte Ltd v UNIG Pte Ltd [2003] SGHC 71

The court held that the signed agreements, which contained 'entire agreement' clauses, superseded all prior communications, including the RFP and Response to RFP. The court found no breach of contract by IBM and dismissed UNIG's counterclaim.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v S [2003] SGHC 70

The court held that a juvenile offender who commits serious sexual offences against siblings while in a position of trust should be sentenced to imprisonment rather than sent to a home.

Sushant Shukla· ·13 min read
Singapore

Wu Si Yuan v Public Prosecutor [2003] SGHC 7

Probation is not granted as of right to young offenders; the court must consider all circumstances, including the likelihood of success of the rehabilitation, and if the circumstances do not afford a realistic opportunity for rehabilitation, a prison sentence is appropriate.

Sushant Shukla· ·13 min read
Singapore

Samwoh Resources Pte Ltd v Lee Ah Poh [2003] SGHC 69

A person is liable in the tort of deceit if they knowingly or recklessly make a false statement to another with the intent that it be acted upon, and the other party acts upon it and suffers damage.

Sushant Shukla· ·13 min read
Singapore

Sim Yak Song and Others v Lim Chang and Another [2003] SGHC 68

A retiring partner has no right to control or interfere with specific partnership assets, as they are merely an unsecured creditor entitled to the value of their share.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Nasser Bin Salleh [2003] SGHC 66

The court held that in sentencing for an offence under s 304(a) of the Penal Code, the court must find a range within the limits prescribed under that section, and the fact that the case might have been charged under s 304(b) is irrelevant.

Sushant Shukla· ·12 min read
Singapore

Anwar Siraj and Another v Ting Kang Chung and Another [2003] SGHC 64

The court held that an arbitrator should only be removed for misconduct if there is an objective real likelihood of bias or incompetence amounting to a substantial miscarriage of justice, and that a subjective lack of confidence by a party is insufficient.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v G [2003] SGHC 63

In Public Prosecutor v G, the High Court of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Sentencing.

Sushant Shukla· ·4 min read
Singapore

Ng Heng Liat and Others v Kiyue Co Ltd and Another [2003] SGHC 62

The rule in Foss v Harbottle applies to counterclaims with equal force as it does to claims, meaning a shareholder cannot bring a derivative counterclaim without obtaining leave of court under s 216A of the Companies Act.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yeo Gek Hong [2003] SGHC 61

The court held that the prosecution failed to prove the charge beyond reasonable doubt due to material inconsistencies in the complainant's evidence and the inconclusive nature of the medical evidence.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yen May Woen [2003] SGHC 60

The court held that the prosecution is not required to call every witness who handled an exhibit unless a reasonable doubt as to the identity of the exhibit has arisen.

Sushant Shukla· ·12 min read
Singapore

Digital Dispatch (ITL) Pte Ltd v Citycab Pte Ltd [2003] SGHC 6

Leave to appeal against an arbitrator's decision on a 'one-off' contract clause should only be granted if the construction is obviously wrong.

Sushant Shukla· ·13 min read
Singapore

Ng Sing King and Others v PSA International Pte Ltd and Others [2003] SGHC 59

The court held that it is an abuse of process to join a non-member or non-shareholder in a section 216 Companies Act action where no remedy is sought against them.

Sushant Shukla· ·13 min read
Singapore

Lim Ek Kian v Public Prosecutor [2003] SGHC 58

An appellate court should be slow to disturb a trial judge’s finding of fact on the credibility of a witness, especially when based on demeanour. Forgery for the purpose of cheating is a serious offence, and a 12-month imprisonment sentence is an appropriate benchmark.

Sushant Shukla· ·13 min read
Singapore

Re G (custody of an infant) [2003] SGHC 57

The court's paramount consideration in custody and access disputes is the welfare of the infant, and the court may vary previous orders if it is in the child's best interests.

Sushant Shukla· ·12 min read
Singapore

Trans-World (Aluminium) Ltd v Cornelder China (Singapore) [2003] SGHC 56

The court held that the plaintiffs failed to prove fraudulent or negligent misrepresentation by the defendants, as the defendants did not make the alleged representations and there was no reliance by the plaintiffs on any such representations in entering the contract.

Sushant Shukla· ·13 min read
Singapore

Re De Lacy Richard QC [2003] SGHC 55

The court held that the first-stage test for the admission of a Queen's Counsel (whether the case is of sufficient difficulty and complexity) cannot be re-argued in a subsequent application without a material change in the facts.

Sushant Shukla· ·13 min read