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Singapore

Lum Chang Building Contractors Pte Ltd v Anderson Land Pte Ltd

An arbitral award rendered pursuant to a court-ordered reference under s 22 of the Arbitration Act (Cap 10, 1985 Rev Ed) does not require adoption by the court to be effective, and an appeal against such an award lies directly to the Court of Appeal.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Vincent Lee Chuan Leong [2000] SGHC 78

The court held that life imprisonment was the appropriate sentence for kidnapping for ransom where the victim was not physically harmed and the accused pleaded guilty and cooperated with the police.

Sushant Shukla· ·12 min read
Singapore

Mohamed Abdullah s/o Abdul Razak v Public Prosecutor [2000] SGHC 77

The case clarifies that 'common object' under s 141 of the Penal Code does not require a pre-arranged plan or common intention, and that an adverse presumption under s 116(g) of the Evidence Act can be drawn against the defence if they fail to call a material witness without reas

Sushant Shukla· ·13 min read
Singapore

Lau Lee Peng v Public Prosecutor

The defence of grave and sudden provocation requires both a subjective loss of self-control and an objective test of whether a reasonable man would have been so provoked. The appellant failed both tests.

Sushant Shukla· ·12 min read
Singapore

Ang Teng Siong v Lee Su Min [2000] SGHC 76

The court held that when purchase moneys for a matrimonial home are derived from the sale of a previous matrimonial home, the court should trace the source of funds for that previous home to determine the respective beneficial interests of the parties, rather than simply dividing

Sushant Shukla· ·15 min read
Singapore

Ching Mun Fong (executrix of the estate of Tan Geok Tee, deceased) v Liu Cho Chit and Another Appeal

The court held that the failure to join a party in earlier proceedings does not necessarily constitute an abuse of process under the doctrine of res judicata in the wider sense, unless there is an additional element of harassment or collateral attack.

Sushant Shukla· ·13 min read
Singapore

Er Joo Nguang and Another v Public Prosecutor [2000] SGHC 60

Abetment by conspiracy under s 107(b) of the Penal Code does not require the existence of a principal offender; two accessories can abet each other by conspiracy.

Sushant Shukla· ·13 min read
Singapore

United Eng Contractors Pte Ltd v L & M Concrete Specialists Pte Ltd [2000] SGHC 74

The court held that mutual debts can be set off against each other and that pleadings must contain material facts to disclose a cause of action.

Sushant Shukla· ·13 min read
Singapore

Jia Chen Construction Pte Ltd v Wei Sin Construction Pte Ltd [2000] SGHC 73

The court held that the Defendants wrongfully repudiated the subcontract by unilaterally omitting works and failing to make timely payments, and that the Plaintiffs were entitled to the value of work done, loss of profits, and the return of the retention sum.

Sushant Shukla· ·14 min read
Singapore

Fujitsu Microelectronics (Malaysia) Sdn Bhd and Others v Singapore Airlines Ltd and Others [2000] SGHC 72

The court held that the carrier and its agent were not entitled to limit their liability under the Warsaw Convention because the loss of the cargo resulted from a reckless practice of leaving mislocated cargo in the warehouse, which the agent continued with knowledge that damage

Sushant Shukla· ·13 min read
Singapore

Tan Hin Leong v Lee Teck Im [2000] SGHC 70

A deed granting a licence to occupy property for a nominal rent, with specific covenants and conditions, creates a contractual licence that is not revocable at the will of the licensor, but only in accordance with the terms of the deed.

Sushant Shukla· ·14 min read
Singapore

The Development Bank of Singapore Ltd v Heng Holdings SEA (Pte) Ltd and Others [2000] SGHC 7

The court held that an alleged oral agreement to forbear from calling upon banking facilities was a sham defence and, even if it existed, was not binding due to clauses in the facility agreements requiring amendments to be in writing.

Sushant Shukla· ·13 min read
Singapore

Management Corporation Strata Title Plan No 1938 v Goodview Properties Pte Ltd another [2000] SGHC 69

The management corporation cannot rely on s 116(1) of the Land Titles (Strata) Act to sue in contract on behalf of only some subsidiary proprietors who have direct agreements with the developer, unless those proprietors are specially affected by the defects in the common property

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Zhou Jian Guang and Another [2000] SGHC 68

The court held that in cases of kidnapping for ransom, parity of sentencing for accomplices is required unless there are material distinguishing features in their roles or personal circumstances.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Sim Teck Ho [2000] SGHC 66

Ignorance is not a defence to a charge of drug trafficking where the circumstances are highly suspicious and the accused had the opportunity to examine the contents of the package.

Sushant Shukla· ·14 min read
Singapore

Re IDEAGLOBAL.COM Ltd [2000] SGHC 65

Section 391 of the Companies Act (Cap 50) does not apply to criminal proceedings, and the court has no jurisdiction to grant relief from prosecution for an offence under the Act.

Sushant Shukla· ·14 min read
Singapore

Bank of China v Huang Ran-Chi alias Huang Ran-Chi Kibo [2000] SGHC 62

The court held that an appeal cannot be pursued by a person who is not a party to the proceedings and who is not an advocate and solicitor, and that a party cannot be joined to proceedings where the debt is admitted.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Syed Yasser Arafat bin Shaik Mohamed [2000] SGHC 61

The court held that the prosecution proved beyond a reasonable doubt that the accused was in possession of the drugs, and the accused failed to rebut the statutory presumptions by electing to remain silent.

Sushant Shukla· ·14 min read
Singapore

Tan Khye Hua v Hong Chor Luan [2000] SGHC 6

The judgment in Tan Khye Hua v Hong Chor Luan represents a significant application of the "just and equitable" principle under Section 112 of the Women's Charter (Cap 353) within the context of a long-term marriage spanning over two decades. The dispute arose following the dissol

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Sharom bin Ahmad and Another [2000] SGHC 59

The court held that the accused were guilty of trafficking diamorphine based on possession and evidence of sale, and imposed the mandatory death sentence.

Sushant Shukla· ·14 min read
Singapore

Noor Mohamed bin Mumtaz Shah v Apollo Enterprises Ltd (trading as Apollo Hotel Singapore) [2000] SGHC 58

The court held that in a redundancy situation, there is a presumption that a dismissal is on the ground of redundancy, and the onus shifts to the employer to rebut this presumption.

Sushant Shukla· ·12 min read
Singapore

P Shanmugam v Public Prosecutor [2000] SGHC 57

The court held that the totality principle does not preclude consecutive sentences for multiple offences under the Immigration Act, and that fines under s 57(1B) of the Immigration Act are to be imposed per individual offence rather than as a global punishment.

Sushant Shukla· ·12 min read
Singapore

Tang Dynasty City Pte Ltd v Tan Seng Heng [2000] SGHC 56

A conditional approval from a lessor can constitute a 'Necessary Approval' under a sale agreement if the consent itself is granted, even if conditions are attached to that consent.

Sushant Shukla· ·12 min read
Singapore

Personal Automation Mart Pte Ltd v Tan Swe Sang [2000] SGHC 55

A director is in breach of fiduciary duty if they set up a competing business to divert a maturing corporate opportunity for which the company was actively negotiating, even after resignation.

Sushant Shukla· ·12 min read