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Malcomson Nicholas Hugh Bertram and Another v Naresh Kumar Mehta [2001] SGHC 308

The court recognised the tort of intentional harassment in Singapore, allowing for injunctive relief against persistent conduct that causes emotional distress, even in the absence of physical injury.

Sushant Shukla· ·14 min read
Singapore

Abani Trading Pte Ltd v PT Delta Karina Mandiri and Another [2001] SGHC 307

The court held that Poh Fang induced Delta's breach of the charterparty and converted Abani's goods, and ordered damages to be assessed by the Registrar.

Sushant Shukla· ·13 min read
Singapore

Oversea-Chinese Banking Corp Ltd v Chng Sock Lee and Another [2001] SGHC 306

The court held that the defendants failed to prove undue influence by the father and that the plaintiffs had no constructive notice of any such influence. Furthermore, the plaintiffs were not under a duty to disclose the progress payments as they were unaware of them.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Aw Kim Lye [2001] SGHC 305

The accused was convicted of drug trafficking under the Misuse of Drugs Act after being found in possession of diamorphine and failing to rebut the prosecution's evidence.

Sushant Shukla· ·12 min read
Singapore

Ong Tean Hoe v Hong Kong Industrial Company Private Limited [2001] SGHC 303

When an appeal court reviews the quantification of damages by a lower court, it should not disturb the award unless the lower court failed to exercise its discretion properly or applied incorrect principles, and the difference between the award and what the appeal judge considers

Sushant Shukla· ·11 min read
Singapore

Vasuhi d/o Ramasamypillai v Tan Tock Seng Hospital Pte Ltd [2001] SGHC 30

A doctor is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical opinion, provided that the opinion has a logical basis.

Sushant Shukla· ·13 min read
Singapore

Loh Kim Lan and Another v Public Prosecutor [2001] SGHC 3

The definition of 'employ' under the Immigration Act is wide enough to cover informal or freelance arrangements, and the presumption of knowledge under s 57(8) shifts the burden to the occupier to prove they did not know the worker was an immigration offender.

Sushant Shukla· ·12 min read
Singapore

Re Will of Samuel Emily, deceased [2001] SGHC 299

The court applied a benignant construction to charitable bequests in a will drafted in a casual fashion, allowing extrinsic evidence to identify the intended beneficiaries.

Sushant Shukla· ·12 min read
Singapore

Lum Kai Keng v Quek Peng Chai and Others [2001] SGHC 298

An application under O 14 r 12 for determination of a preliminary point of law is inappropriate where there are material disputes of fact that require a full trial.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rajagopalan Tamilarasan and Another [2001] SGHC 296

The court held that ignorance of the contents of a package is not a defence if there is reason for suspicion and an opportunity for examination. The court also affirmed that conspiracy can be proven by the coordinated actions of the parties.

Sushant Shukla· ·13 min read
Singapore

Tong Keng Meng v Inno-Pacific Holdings Ltd and Another [2001] SGHC 294

A proxy holder who votes contrary to the instructions of the member on a two-way proxy form casts a spoilt vote, but the proxy holder is not compellable to vote in accordance with the instructions.

Sushant Shukla· ·14 min read
Singapore

Hendrawan Setiadi v OCBC Securities Private Limited and Others [2001] SGHC 293

A party who withdraws from a trial and has their claim dismissed is precluded by res judicata from re-litigating the same claim in subsequent proceedings.

Sushant Shukla· ·13 min read
Singapore

Lee Huay Kok v Attorney General [2001] SGHC 291

The court held that the power to grant leave under s 154(6) of the Companies Act is confined to cases where a disqualification order has been made under s 154(2), and does not extend to automatic disqualifications under s 154(1).

Sushant Shukla· ·13 min read
Singapore

Hendrawan Setiadi v OCBC Securities Pte Ltd and Others [2001] SGHC 290

An order striking out a claim in an earlier action, where the plaintiff voluntarily abandoned the claim after an adjournment was refused, precludes the plaintiff from commencing a fresh action on the same matter under the doctrine of res judicata and issue estoppel.

Sushant Shukla· ·13 min read
Singapore

Teo Lay Swee and Others v Teo Siew Eng and Others [2001] SGHC 29

The court will not interfere with management decisions of a company unless they have no commercial basis and/or unfairly prejudice minority shareholders.

Sushant Shukla· ·14 min read
Singapore

Ganda Lumban Gaol v Mindo Lumban Gaol and Another [2001] SGHC 288

The judgment in Ganda Lumban Gaol v Mindo Lumban Gaol and Another [2001] SGHC 288 represents a significant judicial examination of the intersection between bank mandates, the doctrine of survivorship, and the equitable presumption of resulting trusts in the context of cross-borde

Sushant Shukla· ·13 min read
Singapore

Zheng Song Bo v Tien Chee Tee and Others [2001] SGHC 287

A trustee is not entitled to purchase trust property from himself, and any such sale may be set aside by a beneficiary regardless of the fairness of the transaction.

Sushant Shukla· ·14 min read
Singapore

L & M Concrete Specialists Pte Ltd v United Eng Contractors Pte Ltd [2001] SGHC 285

The court refused to vacate trial dates pending an appeal on a security for costs order, noting that the litigation process would be unsatisfactory if all interlocutory applications required the attention of the highest court before proceeding.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Kwok Teng Soon [2001] SGHC 283

Life imprisonment is justified for culpable homicide not amounting to murder where the offence is grave, the offender is of unstable character likely to re-offend, and the consequences are specially injurious.

Sushant Shukla· ·16 min read
Singapore

Datuk Hamzah Bin Mohd Noor v Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj [2001] SGHC 282

The court held that Malaysia was the most appropriate forum for the dispute, as both parties were Malaysian residents and the underlying transaction had the closest connection to Malaysia.

Sushant Shukla· ·14 min read
Singapore

The Personal Representatives of the Estate of Tan Cheong Leong (Malaysian Inquiry Committee No 3672139) (Deceased) v Lim Chun Chuan alias Lim Choon Hua (The Executrix of the Estate of Tan Kim Hai alias Chan Chi Hai) (Deceased) and Others [2001] SGHC 278

The court refused an application to amend a statement of claim on the day of trial because it would necessitate vacating the trial date, causing significant cost and inconvenience, and the proposed amendments were not supported by the existing evidence.

Sushant Shukla· ·12 min read
Singapore

Foo Tee Sey v Loy Hui Eng [2001] SGHC 276

The court held that the separation of bank accounts by spouses does not alter the nature of income as matrimonial assets, and that agreements regarding the division of assets are only relevant under s 112 of the Women's Charter if made in contemplation of divorce.

Sushant Shukla· ·13 min read
Singapore

Rajasekaran s/o Armuthelingam v Public Prosecutor [2001] SGHC 275

The appellate court will not overturn a trial judge's findings of fact, especially those based on witness credibility and demeanour, unless they are plainly wrong or against the weight of evidence.

Sushant Shukla· ·12 min read
Singapore

Sri Jaya (Sdn) Bhd v RHB Bank Bhd [2001] SGHC 273

Pre-judgment interest in a consent judgment is simple interest unless otherwise specified. Post-judgment interest is calculated on the composite sum of principal and pre-judgment interest.

Sushant Shukla· ·14 min read