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Singapore

AFS Freight Management (2000) Pty Ltd v Freight Links Express Pte Ltd [2001] SGHC 272

The court held that the defendant breached its contractual obligations by detaining the plaintiff's cargo without justification and rejected the defendant's counterclaim for debts owed by a predecessor company, finding no evidence of an agreement by the plaintiff to assume those

Sushant Shukla· ·13 min read
Singapore

Hui Cheng Wan Agnes v Nippon SP Tech (S) Pte Ltd [2001] SGHC 271

An employer is entitled to terminate an employment contract in accordance with its terms, specifically by providing notice or payment in lieu of notice, even without cause.

Sushant Shukla· ·14 min read
Singapore

SMIT Land & Marine Engineering (Far East) Pte Ltd v Nacap Drilling Sdn Bhd [2001] SGHC 268

The court found that the proposal of 3 November 1999 was not accepted by the defendants, and therefore the Smit UK Standard Conditions (which included a UK jurisdiction clause) did not apply.

Sushant Shukla· ·14 min read
Singapore

Goh Chin Soon v Overseas-Chinese Banking Corporation Ltd [2001] SGHC 265

The court held that the statutory demand was validly issued as there was no underlying security to disclose at the time of issuance, and the plaintiff's cross-claims were not bona fide.

Sushant Shukla· ·13 min read
Singapore

Re Goh Chin Soon [2001] SGHC 264

The court has discretion under s 65(4) of the Bankruptcy Act to make a bankruptcy order if the debtor's challenge to the judgment debt or statutory demand is not bona fide or is doomed to fail.

Sushant Shukla· ·14 min read
Singapore

PT Garuda Indonesia v Birgen Air [2001] SGHC 262

The court held that the place of arbitration remained Jakarta despite the hearing being held in Singapore, and that there was material non-disclosure in the ex parte application for leave to serve out of jurisdiction.

Sushant Shukla· ·12 min read
Singapore

Re Neel's Electronic Pte Ltd [2001] SGHC 261

The court grants leave to apply for certiorari where there is an arguable case that a registrar acted outside their powers by granting an extension of time after the statutory period had expired.

Sushant Shukla· ·14 min read
Singapore

Lim Poh Tee v Public Prosecutor [2001] SGHC 26

The court held that a deterrent sentence is required for police officers convicted of corruption, and that the length of the sentence must be determined by the culpability of the offender and the circumstances of the case, rather than being strictly bound by previous sentencing t

Sushant Shukla· ·12 min read
Singapore

The "Ching Ho" And Another [2001] SGHC 259

The court held that a mistake by a plaintiff's agent in interpreting a letter of undertaking does not constitute 'good reason' to extend the validity of a writ when the plaintiff had reasonable opportunities to serve the writ during its validity.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Dolah bin Omar [2001] SGHC 258

The court held that where an accused is convicted of culpable homicide not amounting to murder due to diminished responsibility, life imprisonment may be an appropriate sentence if the accused requires long-term psychiatric treatment and poses a danger to himself and others, even

Sushant Shukla· ·12 min read
Singapore

Soh Lip Hwa v Public Prosecutor [2001] SGHC 252

The case confirms the benchmark sentence for employing illegal immigrants is one year's imprisonment for cases convicted after trial, and reiterates the threefold test for adducing additional evidence on appeal.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Seah Kok Meng [2001] SGHC 25

The court held that the accused was guilty of murder under s 300(c) of the Penal Code, as the defence of grave and sudden provocation was rejected and the accused had the requisite intention to cause bodily injury sufficient in the ordinary course of nature to cause death.

Sushant Shukla· ·14 min read
Singapore

Concordia Agritrading Pte Ltd v Cornelder Hoogewerff (Singapore) Pte Ltd [2001] SGHC 248

A contractual time-bar clause requiring claims to be made within 12 months does not necessarily require the legal action to be instituted within that same period, especially if the clause is ambiguous.

Sushant Shukla· ·14 min read
Singapore

Global Energy (Asia) Pte Ltd v McGraw-Hill Companies Inc Trading as Platt's [2001] SGHC 247

A defendant in a libel action is not entitled to a 'fishing expedition' through the discovery process to substantiate a plea of justification.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yeo Kang Oh [2001] SGHC 246

The accused was convicted of drug trafficking under the Misuse of Drugs Act after the court rejected his defence that the drugs were for shared consumption and found his admissions in voluntary statements to be reliable.

Sushant Shukla· ·12 min read
Singapore

Tay Kim Kuan v Public Prosecutor [2001] SGHC 241

The court held that English sentencing authorities are not binding in Singapore due to differences in social and moral considerations and statutory maximum penalties, and that consent is not a mitigating factor for offences under s 140(1)(i) of the Women's Charter.

Sushant Shukla· ·14 min read
Singapore

The Law Society of Singapore v Arjan Chotrani Bisham [2001] SGHC 24

A solicitor who fails to deliver documents to a client or their new solicitors, despite repeated requests and agreements to do so, is guilty of misconduct unbefitting an advocate and solicitor.

Sushant Shukla· ·13 min read
Singapore

Transfield Shipping Inc Panama v Sino-Add (Singapore) Pte Ltd [2001] SGHC 239

A mareva injunction may be granted where there is a real risk of dissipation of assets, and a clause in a charter-party referring to 'arbitration' in the context of 'General Average' does not necessarily constitute a general agreement to arbitrate all disputes.

Sushant Shukla· ·12 min read
Singapore

Moey Keng Kong v Public Prosecutor [2001] SGHC 236

Forfeiture under s 123(2) of the Customs Act is mandatory once it is proved that an offence has been committed and the goods were used in the commission of the offence, regardless of whether the goods were for personal consumption.

Sushant Shukla· ·13 min read
Singapore

Hou Ai Hui v Public Prosecutor [2001] SGHC 238

The case affirms the conviction for abetting the fabrication of false evidence under s 193 read with s 109 of the Penal Code, establishing that the appellant's instigation of a private investigator to include false surveillance dates in a report for divorce proceedings constitute

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Mohd Sharif bin Ibrahim [2001] SGHC 237

The court held that the accused had knowledge of the heroin in the briefcase based on the circumstances of the case, and thus failed to rebut the presumption of possession.

Sushant Shukla· ·12 min read
Singapore

Lim Teck Leng Roland v Public Prosecutor [2001] SGHC 234

The High Court, when acting in an appellate capacity, is functus officio once a judgment has been pronounced and signed, and cannot alter or review its own judgment unless there is a specific statutory provision allowing it.

Sushant Shukla· ·11 min read
Singapore

Lim Teck Leng Roland v Public Prosecutor [2001] SGHC 235

The High Court, as an appellate court, has the power to review its own previous order if the order is not a judgment as provided for in s 217 of the Criminal Procedure Code.

Sushant Shukla· ·13 min read
Singapore

Joshua Benjamin Jeyaretnam v Lee Kuan Yew [2001] SGHC 233

An action will not be struck out for want of prosecution for inordinate and inexcusable delay if the limitation period has not expired, unless there is intentional and contumelious conduct or an abuse of process.

Sushant Shukla· ·14 min read