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Credit Agricole Indosuez v Banque Nationale de Paris
A successful appellant is entitled to restitution of money paid under a reversed judgment, including interest, to prevent unjust enrichment of the respondent.
Tay Kah Tiang v Public Prosecutor
The court held that the appellant had physical possession of the drugs and failed to rebut the presumption of trafficking under s 17 of the Misuse of Drugs Act. The court also affirmed that additional evidence will only be admitted on appeal in extraordinary circumstances where t
Shoba D/O Gunasekaran v A Rajandran and Another [2001] SGHC 138
The paramount consideration in a custody order is the welfare of the child, and the court must assess which parent is better able to provide the proper environment for the child's upbringing.
Pandiyan Thanaraju Rogers v Public Prosecutor [2001] SGHC 136
The court held that the receipt of a loan by a police officer from a person suspected of illegal moneylending, in exchange for promises of assistance in a police case, constitutes corrupt acceptance of gratification under s 6(a) of the Prevention of Corruption Act.
KCC (Singapore) Pte Ltd v Anti Corrosion Pte Ltd [2001] SGHC 133
The Plaintiffs breached a fundamental term of the agreement by failing to supply paint certified to the SS 345 standard as agreed, and the paint supplied was not fit for external use.
Re PCChip Computer Manufacturer (S) Pte Ltd (in compulsory liquidation) [2001] SGHC 131
The court, in the exercise of its equitable jurisdiction over its officers (liquidators), may compel them to return money paid under a mistake of fact to prevent an unconscionable enrichment of the insolvent estate, even if the liquidators were not personally involved in the mist
Thiruselvam s/o Nagaratnam v Public Prosecutor
The Court of Appeal dismissed the appeal, affirming that the prosecution holds the discretion to charge abettors with either capital or non-capital offences. This exercise of power does not violate the constitutional right to equality before the law.
Eldon v Public Prosecutor [2001] SGHC 13
An appellate court will be slow to overturn a trial judge's findings of fact unless they are shown to be plainly wrong. A fight is defined as a bilateral transaction in which blows are exchanged.
Tan Yeow Khoon and Another v The Law Society of Singapore [2001] SGHC 129
The court held that it has no jurisdiction to inquire into a complaint against an advocate and solicitor that has not been first inquired into by an Inquiry Committee and determined by the Council of the Law Society.
Public Prosecutor v Mohamad Noor bin Abdullah [2001] SGHC 127
The court held that the accused failed to rebut the prosecution's case for drug trafficking, as the presence of trafficking accessories and the lack of a credible consumption defence indicated trafficking activity.
Newspeed International Limited v Citus Trading Pte Ltd [2001] SGHC 126
A party cannot challenge an arbitration award in the enforcing court on grounds that were already raised and rejected by the courts of the seat of arbitration.
The "Arktis Fighter" [2001] SGHC 124
The court held that security for an arrested vessel should cover the plaintiff's reasonably best arguable case, including interest and costs, but should not exceed the value of the vessel, and that ex parte applications for inspection should be made only in exceptional circumstan
Tan Ngin Hai v Public Prosecutor [2001] SGHC 122
Preventive detention is appropriate for a recalcitrant offender who has proven by his history of criminal behaviour to be a menace to society, regardless of whether the specific offence involved violence or dishonesty.
Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd [2001] SGHC 121
The court granted relief against forfeiture of shares where the forfeiture provision was essentially a penalty to secure payment, and the notice of forfeiture was technically invalid.
Industrial & Commercial Bank Ltd v Banco Ambrosiano Veneto S.P.A. [2001] SGHC 120
Authenticated SWIFT messages have the legal effect of binding the sender bank according to their contents, as the system is designed to avoid arguments regarding authority.
Chiu Teng Construction Co Pte Ltd v The Hartford Insurance Company (Singapore) Ltd (formerly known as The People's Insurance Co Ltd) [2001] SGHC 119
An insurer is entitled to raise policy defences against a third party who has stepped into the shoes of the insured under the Third Parties (Rights Against Insurers) Act, and a final judgment against the insured is conclusive evidence of liability and quantum against the insurer.
Kay Swee Tuan v Chia Shih Ching James [2001] SGHC 117
The High Court dismissed an appeal against the division of matrimonial assets, upholding the district judge's evaluation of the evidence. The court found no merit in the appellant's claims regarding mortgage liabilities and alleged asset losses.
Thenmoli d/o Periasamy v Liew Yee Cheong [2001] SGHC 116
The court held that pre-trial periods must be deducted from post-trial multipliers in dependency claims, and that damages for children should be based on the deceased's contribution rather than the full cost of upkeep.
Public Prosecutor v Chang Ying Leong [2001] SGHC 110
The court held that the accused committed rape as the complainant did not consent to sexual intercourse, and the accused's defence of consent was rejected based on his own admissions and the complainant's condition.
Public Prosecutor v Sim Kwong Choon [2001] SGHC 11
The court held that possession of more than 2g of diamorphine triggers the presumption of trafficking under s 17(c) of the Misuse of Drugs Act, and that transporting drugs for another constitutes 'trafficking' under s 2.
Fraser and Neave Limited and Others v Aberdeen Asset Management Asia Limited and Another [2001] SGHC 109
The court determined the natural and ordinary meaning of allegedly defamatory words in a letter under O 14 r 12(1) of the Rules of Court, finding that the letter insinuated improper conduct by the plaintiffs.
Fraser & Neave Ltd and Others v Aberdeen Asset Management Asia Ltd and Another [2001] SGHC 106
The court determined the natural and ordinary meaning of allegedly defamatory words in a letter under O 14 r 12(1) of the Rules of Court, finding that the words insinuated improper conduct by the plaintiffs in a takeover.
Teo Song Kwang Richard v Seng Hup Electric Co (S) Pte Ltd [2001] SGHC 105
The court held that O 3 r 2(5) of the Rules of Court applies to the four-day grace period in the settlement agreement, meaning weekends are excluded from the calculation of the grace period.
Re Lim Wee Beng Eddie [2001] SGHC 103
The court will not extend an interim order under the Bankruptcy Act if the proposed voluntary arrangement is not serious and viable, and if the applicant fails to procure a qualified and willing nominee.