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Singapore

Lim Sin Han Andy v Public Prosecutor [2000] SGHC 54

The court held that national service is vital to the security of Singapore and requires servicemen to subordinate personal interests to the State, justifying a custodial sentence for absence without leave.

Sushant Shukla· ·11 min read
Singapore

Institut Pasteur and Another v Genelabs Diagnostics Pte Ltd and Another [2000] SGHC 53

The court held that the Plaintiffs' patent for HIV-2 was valid and infringed by the Defendants, rejecting arguments of lack of novelty and inventive step, and finding that the Defendants' diagnostic kits infringed the patent claims.

Sushant Shukla· ·14 min read
Singapore

Capital Realty Pte Ltd v Chip Thye Enterprises (Pte) Ltd [2000] SGHC 52

The court held that the plaintiff failed to prove on a balance of probabilities that the defendant was the borrower of the loans, as the audit confirmation letter was rebutted by evidence suggesting the loans were made to Articon or Lee Chin Kian.

Sushant Shukla· ·12 min read
Singapore

The "Teng He" [2000] SGHC 51

The court held that the defendants were 60% to blame for the collision due to negligent navigation in restricted visibility and failure to heed warnings.

Sushant Shukla· ·11 min read
Singapore

Architects Group Associates Pte Ltd v Grandlink Group Pte Ltd [2000] SGHC 49

The court held that the plaintiffs failed to prove the alleged 3% fee agreement and that the parties had subsequently varied the agreement to a lump sum fee of $600,000. The plaintiffs were awarded fees based on quantum meruit as assessed by the court's expert.

Sushant Shukla· ·14 min read
Singapore

Abex Centre Pte Ltd v Public Prosecutor [2000] SGHC 48

The court has wide discretion to order costs in criminal proceedings where the defence has been conducted 'extravagantly and unnecessarily'.

Sushant Shukla· ·13 min read
Singapore

New Civilbuild Pte Ltd v Guobena Sendirian Berhad and Another [2000] SGHC 47

The court clarifies the application of O 59 r 19 of the Rules of Court 1997 regarding the award of costs for multiple counsel, emphasizing that such awards are exceptional and require complexity in facts or law.

Sushant Shukla· ·12 min read
Singapore

Bayerische Landesbank Girozentrale v Sng Chee Hua [2000] SGHC 46

The court held that the bank's evidence in support of its summary judgment application was sufficient and that the defendant failed to establish illegality under the Banking Act or the Exchange Control Act of Malaysia.

Sushant Shukla· ·14 min read
Singapore

Nam Kee Asphalt Pte Ltd v Chew Eu Hock Construction Co Pte Ltd [2000] SGHC 45

The court held that 'Estimated Quantity' in a supply contract does not constitute a minimum quantity obligation, and that an exclusivity clause cannot be implied into a contract where it is not necessary for business efficacy.

Sushant Shukla· ·14 min read
Singapore

Djuric and Others v Toshali Marketing Pte Ltd [2000] SGHC 44

An appeal against an order for security for costs is not automatically stayed by the order itself, and the appellate court has the inherent jurisdiction to regulate its own procedure regarding the hearing of such an appeal.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Christopher S/O M P Nathan [2000] SGHC 43

The court held that the Complainant's testimony was credible despite her borderline intelligence, and that the Accused's defence of consent was unbelievable and contradicted by his failure to raise it in his earlier statements.

Sushant Shukla· ·12 min read
Singapore

Mak Seng Fook v Lin Kao Chi and Another [2000] SGHC 42

The court upheld the summary judgment granted to the plaintiff for monies owed under an oral agreement, rejecting the defendants' contention that the first defendant acted only as an agent for a third party.

Sushant Shukla· ·12 min read
Singapore

Public Prosector v Chan Choon Wai [2000] SGHC 41

The court held that the defence of provocation was not available as the accused over-reacted to mild provocation and failed to display the self-control expected of an ordinary person.

Sushant Shukla· ·12 min read
Singapore

Tan Kong Kar and Another v Bonsel Development Pte Ltd [2000] SGHC 40

Clause 10 of the option agreement imposed an absolute obligation on the defendants to remove the caveat, and failure to do so constituted a breach of contract.

Sushant Shukla· ·13 min read
Singapore

Ng Ai Tiong v Public Prosecutor [2000] SGHC 39

A criminal motion under s 60 of the Supreme Court of Judicature Act must clearly articulate the specific order sought and satisfy the statutory requirements of public interest and legal necessity; it cannot be used as a 'backdoor appeal'.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Loganatha Venkatesan and Others [2000] SGHC 38

The court held that the three accused were guilty of murder based on common intention to kill the victim.

Sushant Shukla· ·12 min read
Singapore

Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd [2000] SGHC 36

The court has a wide discretion to extend time for service of a notice of appeal under O 3 r 4 of the Rules of Court, and a solicitor's mistake is a factor that may be taken into account in exercising this discretion.

Sushant Shukla· ·13 min read
Singapore

Arul Chandran v William J. Gartshore and Others [2000] SGHC 34

General damages for mental distress and loss of reputation are not recoverable for breach of contract, except in exceptional circumstances.

Sushant Shukla· ·13 min read
Singapore

Re Winpac Paper Products Pte Ltd [2000] SGHC 33

The court will not substitute its opinion for that of the management on business decisions honestly arrived at, and will deny an application for leave to bring a derivative action if the intended action is frivolous, vexatious, or bound to be unsuccessful.

Sushant Shukla· ·14 min read
Singapore

Chau Kwok Fun Kevin and Another v Etons Management Consultants Pte Ltd formerly known as Eng Kheng Management Consultants Pte Ltd and Others [2000] SGHC 32

The court rectified a settlement agreement to correct a mistake in the definition of 'our clients' which had inadvertently imposed payment obligations on parties not intended to be liable.

Sushant Shukla· ·14 min read
Singapore

New Civilbuild Pte Ltd v Guobena Sdn Bhd and Another [2000] SGHC 30

The court held that a delay certificate is a condition precedent to a claim for liquidated damages under the SIA form of sub-contract, and that interlocutory orders do not give rise to issue estoppel.

Sushant Shukla· ·13 min read
Singapore

Cathay Theatres Pte Ltd v LKM Investment Holdings Pte Ltd [2000] SGHC 3

The court held that special circumstances justifying a stay of execution pending appeal are not limited to cases where the judgment creditor might be unable to return the money; difficulties in enforcing specific performance against an impecunious purchaser and the risk of render

Sushant Shukla· ·13 min read
Singapore

Keppel Tatlee Bank Ltd v Teck Koon Investment Pte Ltd and Others [2000] SGHC 29

A registered legal mortgagee has priority over any equitable interest of purchasers who failed to obtain the mortgagee's consent for the sale, and the purchasers were denied equitable relief due to unclean hands.

Sushant Shukla· ·12 min read
Singapore

Poly Resources Pte Ltd v Brani Readymixed Pte Ltd [2000] SGHC 289

The court held that there was no implied term requiring the buyer to place orders each month, as the contract was for a fixed quantity of granite aggregate to be supplied over a set period.

Sushant Shukla· ·13 min read