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Singapore

Tan Chiang Brother's Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd [2001] SGHC 386

The dispute in [2001] SGHC 386 represents a significant examination of the distinction between nominated and domestic subcontracts within the Singapore construction industry, particularly regarding the allocation of risk for variation works and defective workmanship. The litigati

Sushant Shukla· ·14 min read
Singapore

Praptono Honggopati Tjitrohupojo and Others v His Royal Highness Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj [2001] SGHC 380

A stay of proceedings on the ground of forum non conveniens is granted where the court is satisfied that another forum is clearly more appropriate for the trial of the action, considering factors such as the location of witnesses, the governing law of the transaction, and the res

Sushant Shukla· ·13 min read
Singapore

Teo Lai Huat v Ong Teow Chuie and Another [2001] SGHC 38

The court held that the defendant company was bound by the agreement made by its de facto controller to pay a success fee to the plaintiff for his services in facilitating a settlement.

Sushant Shukla· ·13 min read
Singapore

The "Feng Hang and Others" [2001] SGHC 378

A claimant must prove that the defendant's breach of contract or tort was the effective or dominant cause of the loss, applying a common sense approach to causation.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Amran bin Eusuff and Another [2001] SGHC 376

The court held that the accused persons were guilty of drug trafficking based on the evidence, including their own statements and the circumstances of the transaction.

Sushant Shukla· ·12 min read
Singapore

Mcdonald's Rest Restaurants Pte Ltd v Wisma Development Pte Ltd [2001] SGHC 375

Contractual terms regarding valuation are binding and final if clear, and the court will not substitute its own opinion for that of the agreed experts.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Thamayanthi [2001] SGHC 374

The court held that the accused did not have the requisite intention for murder under s 300(c) of the Penal Code as the injury caused was not likely to cause death in the ordinary course of nature.

Sushant Shukla· ·13 min read
Singapore

Re Tararone Investments Pte Ltd [2001] SGHC 37

A charge securing an overdraft facility does not extend to debts incurred after the termination of that facility unless explicitly stated.

Sushant Shukla· ·13 min read
Singapore

National Skin Centre (Singapore) Pte Ltd v Eutech Cybernetics Pte Ltd [2001] SGHC 369

A party who has waived the original time for performance in a contract where time is of the essence may make time of the essence again by giving reasonable notice to the other party.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Lim Choo Song [2001] SGHC 366

The court found the accused guilty of importing diamorphine based on evidence and his own statements.

Sushant Shukla· ·15 min read
Singapore

Philips Hong Kong Limited v China Airlines Limited [2001] SGHC 363

The number of packages stated in an air waybill is prima facie evidence of the number of packages for the purpose of the Warsaw Convention, and the carrier is bound by this description unless it is incorrect.

Sushant Shukla· ·14 min read
Singapore

Philips Hong Kong Ltd v China Airlines Ltd [2001] SGHC 362

The number of packages stated in an air waybill is prima facie evidence of the number of packages for the purpose of the Warsaw Convention, and this number is not automatically rebutted by evidence of the internal packaging of the goods.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Anthony Ler Wee Teang and Another [2001] SGHC 361

The court held that Anthony Ler was guilty of abetting the murder of his wife by instigating Z, and that Z was guilty of murder, rejecting the defence of duress for murder.

Sushant Shukla· ·13 min read
Singapore

Chai Yong Construction Co Pte Ltd v Chan Hock Seng and Another [2001] SGHC 360

The court held that the defendants were liable for the contract sum as the plaintiffs had proven their claim and the defendants' counterclaim for defects was largely unsubstantiated or caused by the defendants' own conduct.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Ramis A/L Muniandy [2001] SGHC 36

The court found the accused guilty of drug trafficking based on the evidence that the cannabis was found in his possession on his motorcycle, rejecting his defence that someone else had planted it.

Sushant Shukla· ·12 min read
Singapore

PT Permona v Shanghai Tobacco Group and Another [2001] SGHC 359

The court held that the applicant was not a bona fide proprietor of the trade mark as it had attempted to copy and misappropriate the opponents' mark.

Sushant Shukla· ·13 min read
Singapore

Ong & Co Pte Ltd v Lai Siew Ping Vivien [2001] SGHC 358

A dealer in a stockbroking firm is bound by an indemnity clause in their employment contract to indemnify the firm for losses arising from their own clients' trading activities, provided the clause is clear and unambiguous.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Wan Kamil bin Md Shafian and Others [2001] SGHC 357

The court held that for s 34 of the Penal Code to apply, it is sufficient to prove that there was a common intention between all persons who committed the criminal act and that the act constituting the offence was done in furtherance of that common intention.

Sushant Shukla· ·13 min read
Singapore

Ng Poh Guan v Chan Ai Leng and Others [2001] SGHC 354

The court held that the plaintiff was in breach of contract for carrying out unauthorised renovation works on the premises, which entitled the defendants to rescind the agreement and claim damages.

Sushant Shukla· ·12 min read
Singapore

Sia Leng Yuen v HKR Properties Limited [2001] SGHC 352

The term 'security' in rules 94(5) and 98(2) of the Bankruptcy Rules refers only to security on the property of the debtor.

Sushant Shukla· ·12 min read
Singapore

Gerhard Hendrik Gispen & ors v Ling Lee Soon Alex & anor [2001] SGHC 350

The court affirmed the Salomon principle of separate legal personality, holding that the corporate veil should not be lifted in the absence of fraud, sham, or impropriety, even if the company is a shelf company used to limit liability.

Sushant Shukla· ·15 min read
Singapore

Yugiantoro v Budiono Widodo [2001] SGHC 349

A defendant seeking a stay of proceedings on the ground of forum non conveniens bears the burden of establishing that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.

Sushant Shukla· ·14 min read
Singapore

Heng Chyu Kee v Far East Square Pte Ltd [2001] SGHC 348

A writ of distress issued by the court is not illegal, and no cause of action for damages for wrongful distress arises from it. Remedies for irregularities in the execution of such a writ lie in other causes of action such as negligence.

Sushant Shukla· ·12 min read
Singapore

TS Video and Laser Pte Ltd v Lim Chee Yong and another appeal [2001] SGHC 341

The court affirmed that there is an initial presumption in favour of a discharge not amounting to an acquittal under s 184 of the Criminal Procedure Code, and that a trial judge has unfettered discretion to direct otherwise based on the merits and public interest.

Sushant Shukla· ·15 min read