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Singapore

Choo Guay Tin v Lee Mong Seng [2001] SGHC 65

The court held that a family business should be treated as a quasi-partnership, and that valuation should be based on the date of notional termination of the partnership to prevent asset-stripping.

Sushant Shukla· ·10 min read
Singapore

Chen Qingrui suing by her father and next friend Tan Kok Kiong v Phua Geok Leng [2001] SGHC 64

A driver is liable for negligence when driving too close to a kerb at excessive speed, but a pedestrian is contributorily negligent for failing to use a nearby pedestrian crossing.

Sushant Shukla· ·12 min read
Singapore

Tan Boon Hai v Singapore Hainan Hwee Kuan [2001] SGHC 63

A judge reviewing a taxing officer's decision on costs has the power to hear the matter de novo and exercise their own discretion, rather than being fettered by the taxing officer's decision.

Sushant Shukla· ·12 min read
Singapore

Re Specialty Laboratories Asia Pte Ltd (fka Specialty Labratories Asia (Singapore) Pte Ltd [2001] SGHC 62

A registered office is not effectively changed until the statutory notice to the registrar has been given, and a company cannot rely on a presumption of regularity where the irregularity was caused by its own controlling mind.

Sushant Shukla· ·14 min read
Singapore

Lum Kai Heng v Quek Peng Chai and Others [2001] SGHC 61

General allegations of fraud, malice, and conspiracy in pleadings are insufficient without specific particulars, and amendments to pleadings should only be allowed if they are material to the real question in controversy.

Sushant Shukla· ·12 min read
Singapore

Eng Poh Su (now known as Eddy Eng Poh Su) v Yap Ah Ho (now known as Yap Yujing Josephine) [2001] SGHC 60

Leave of court is not required under s 21 of the Supreme Court of Judicature Act to appeal from a decision of the subordinate courts in respect of matrimonial matters under Pt X of the Women's Charter, as s 137 of the Women's Charter confers an unrestricted right of appeal.

Sushant Shukla· ·15 min read
Singapore

Toh Khim Eak v United Overseas Bank Limited and Another [2001] SGHC 6

A joint letter issued by two or more creditors to demand different debts owed to each of them is not a valid statutory demand under s 62 of the Bankruptcy Act.

Sushant Shukla· ·14 min read
Singapore

Tan Bock Huat v Public Prosecutor [2001] SGHC 59

The court held that the appellant was a co-offeror of a bribe to a third party to assume criminal liability for the appellant's illegal employment of foreign workers, and that the sentence of ten months imprisonment was not manifestly excessive.

Sushant Shukla· ·13 min read
Singapore

China Women Industry Development Corporation v Singapower Development Pte Ltd [2001] SGHC 57

A consultant is not entitled to commission where the contract is result-oriented and the consultant fails to achieve the specified results (resolving investment problems and securing guaranteed returns).

Sushant Shukla· ·12 min read
Singapore

Chaytor v Zaleha bte A Rahman [2001] SGHC 56

The civil courts should respect the jurisdiction of the Syariah Court in determining the validity of a Muslim divorce; thus, a Muslim wife against whom a talak has been pronounced is still treated as a married woman for the purposes of s 69(1) of the Women's Charter until the Sya

Sushant Shukla· ·14 min read
Singapore

Chua Lam alias Chua Loo v Peh Kwee Tee [2001] SGHC 55

The court held that a consent order should be interpreted according to its plain meaning without extrinsic evidence if unambiguous, and that the court should not rewrite the terms of the agreement.

Sushant Shukla· ·13 min read
Singapore

The Performing Right Society Ltd and Another v United Artists Singapore Theatres Pte Ltd [2001] SGHC 54

The screening of a cinematograph film that incorporates a sound recording of a musical work constitutes a performance of that musical work, and the owner of the performing rights in the musical work may enforce those rights against the exhibitor of the film.

Sushant Shukla· ·12 min read
Singapore

Re John While Springs (S) Pte Ltd [2001] SGHC 53

The court held that a minority shareholder's inability to work with the majority shareholder is insufficient to wind up a company on the just and equitable ground, especially where the petitioner has committed breaches of fiduciary duty.

Sushant Shukla· ·12 min read
Singapore

Lee Kuan Yew v Joshua Benjamin Jeyaretnam [2001] SGHC 52

An action for want of prosecution will not be dismissed unless the court is satisfied that the default was intentional and contumelious, or that there was inordinate and inexcusable delay causing serious prejudice to the defendant.

Sushant Shukla· ·15 min read
Singapore

Tan Shwu Leng v Singapore Airlines Limited and Another [2001] SGHC 51

Expenses incurred in earning income may be deducted from damages to be awarded to avoid over-compensating a plaintiff.

Sushant Shukla· ·13 min read
Singapore

Malayan Banking Berhad v Measurex Engineering Pte Ltd and Another [2001] SGHC 5

A jurisdiction clause that does not explicitly state it is 'exclusive' must be construed based on its own terms and context; the presence of a clause requiring the appointment of an agent for service of process in the forum (Singapore) supports the conclusion that the parties con

Sushant Shukla· ·12 min read
Singapore

Teo Keng Chuan v Public Prosecutor [2001] SGHC 49

The court affirmed the conviction of a public servant for corruption under s 6(a) of the Prevention of Corruption Act, holding that the presumption under s 8 of the Act was not rebutted.

Sushant Shukla· ·12 min read
Singapore

Re Flint Charles John Raffles QC [2001] SGHC 47

The court dismissed an application for ad hoc admission of a Queen's Counsel because the case did not meet the threshold of sufficient difficulty and complexity that local counsel could not adequately handle.

Sushant Shukla· ·13 min read
Singapore

Re Jeyaretnam Joshua Benjamin [2001] SGHC 46

A consent order is binding until it is set aside, and the court will only intervene in bankruptcy proceedings if the order is used as an engine of oppression against a debtor who is not unable to pay his debts.

Sushant Shukla· ·14 min read
Singapore

Wee Soon Kim Anthony v The Law Society of Singapore [2001] SGHC 44

The court has inherent jurisdiction to allow a party to intervene in proceedings if the justice of the case requires, even if not strictly within the rules of court, particularly where the party has a significant interest in the outcome.

Sushant Shukla· ·14 min read
Singapore

Ng Kim Han and Others v Public Prosecutor [2001] SGHC 42

The court held that criminal revision is appropriate where a person has been convicted despite the obvious absence of an essential constituent of the offence, even if the accused pleaded guilty.

Sushant Shukla· ·14 min read
Singapore

Chew Pin Pin v AGF Insurance (Singapore) Pte Ltd [2001] SGHC 40

A bondsman has no recourse to the underlying contract between the employer and the contractor when the contractor is not a party to the suit, and must pay on demand if the conditions of the performance bond are met.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Lim Yee Kai [2001] SGHC 4

Where a solicitor has acted dishonestly, the court will order that he be struck off the roll.

Sushant Shukla· ·12 min read
Singapore

Nyo Nyo Min v Aung Khin and Another [2001] SGHC 39

The plaintiff failed to discharge the burden of proof to establish a resulting trust over the matrimonial property and bank accounts.

Sushant Shukla· ·13 min read