LITT
Try LITT free
Koh Kim Eng v Lim Geok Yian [2001] SGHC 230
A constructive trust arises where it would be unconscionable for the legal owner of property to assert their own beneficial interest and deny the beneficial interest of another, particularly where the parties had a clear understanding that the legal owner would relinquish their i
The Law Society of Singapore v Lee Cheong Hoh [2001] SGHC 23
A solicitor who pays a commission or gratification to an employee for procuring legal business contravenes s 83(2)(d) and (e) of the Legal Profession Act, regardless of whether the recipient is an employee.
Johannes Budisutrisno Kotjo v Ng Wei Teck Michael and Others [2001] SGHC 227
The court held that an employee is not entitled to compensation for unconsumed annual leave unless the employment contract expressly provides for it, and that judicial managers are not personally liable for liabilities incurred before their appointment.
Ponggol Marina Pte Ltd v Central Provident Fund Board (Public Prosecutor) [2001] SGHC 225
The High Court held that ex gratia meal allowances are 'wages' under the CPF Act if they are not genuine expense reimbursements. Since these payments augment an employee's income, employers must make mandatory CPF contributions on them.
The "Neptra Premier" [2001] SGHC 223
The court held that the plaintiffs were not carrying on a money lending business within the contemplation of the Money Lenders Ordinance, and even if they were, it would be inequitable to deny them recovery.
Re Beaufort Sentosa Development Pte Ltd [2001] SGHC 220
A company may reduce its share capital by cancelling and repaying preference shares even if it lacks sufficient profits to redeem them under s 70 of the Companies Act, provided the reduction is sanctioned by the court under s 73.
Re Windsor Holdings Pte Ltd [2001] SGHC 22
A winding-up order is appropriate where a company is unable to pay its debts and fails to provide substantive proof of fresh financing, even if the company claims to have assets that could potentially cover the debt.
Re Howe Martin Russell Thomas QC [2001] SGHC 219
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, and the local Bar possessed sufficient expertise.
Public Prosecutor v Yap Ah Chuan [2001] SGHC 217
The accused failed to rebut the presumption of trafficking under s 17(c) of the Misuse of Drugs Act, as his evidence regarding the purpose of possession was inconsistent and lacked credibility.
Leong Mei Chuan v Chan Teck Hock David
The court held that a less stringent approach should be adopted in considering an application for leave to amend a notice of appeal, and that such an application should be granted unless it causes prejudice to the opposing party that cannot be compensated by costs.
Leefon Corporation (Pte) Ltd v Stone Tec Material Supplies Pte Ltd [2001] SGHC 216
A contract cannot be varied by conduct where an existing contract already governs the relationship and the conduct is consistent with that contract.
Zulfikar bin Mustaffah v Public Prosecutor
The court held that the appellant's story was unconvincing and that he was a knowing courier for the drugs, thus failing to rebut the presumption of possession for trafficking.
Shanjan Chandra Mandal v Worldwide Resources Trading & Building Services Pte Ltd [2001] SGHC 213
The Commissioner for Labour has the power under s 25 of the Workmen's Compensation Act to conduct a hearing and determine the issue of liability even after a notice of assessment has been issued.
Banque Nationale De Paris v Tan Nancy and Another
The court held that costs should not follow the event where the successful party unnecessarily protracted proceedings by raising meritless claims.
Public Prosecutor v Tubbs Julia Elizabeth [2001] SGHC 212
The appellate court will not disturb the findings of fact of a lower court unless they are clearly reached against the weight of evidence, and the doctrine of res ipsa loquitur has no application in criminal cases.
Tan Boon Hai (on behalf of himself and all other unsuccessful candidates in the Singapore Hainan Hwee Kuan 1999/2000 Management Committee Elections) v Lee Ah Fong and Others
A judge hearing an application for review of taxation of costs under O 59 r 36 of the Rules of Court hears the matter de novo and is not fettered by the registrar's discretion.
HSBC Bank USA (formerly known as Republic National Bank of New York) v Francisco Lee Wong and Another [2001] SGHC 210
The court held that the plaintiffs were entitled to close out the defendants' positions without a margin call under the contract, and that the defendants were responsible for the liquidation of their positions due to their own actions.
Hui Cheng Wan Agnes v Nippon SP Tech (S) Pte Ltd [2001] SGHC 208
The court held that the Defendants were entitled to terminate the Plaintiff's employment by giving one month's salary in lieu of notice under the employment contract, and that the Defendants had not established misconduct justifying dismissal for cause.
Andre Ravindran S Arul v Tunku Ibrahim Ismail bin Sultan Iskandar Al-Haj [2001] SGHC 209
The court held that the defendant failed to establish that Malaysia was a more appropriate forum for the trial, and that the Singapore court should not lightly surrender its jurisdiction.
Yeo Kang Oh v Public Prosecutor
An appellate court will generally be reluctant to overturn the trial judge's findings of fact, especially where they turn on the trial judge's assessment of the credibility and veracity of witnesses.
Management Corporation Strata Title No 473 v De Beers Jewellery Pte Ltd [2001] SGHC 207
The court held that payments made under a mistake of law are recoverable under the principle of unjust enrichment, and that a management corporation cannot impose financial conditions for approval of subdivision plans that are not authorised by the Land Titles (Strata) Act.
Yap Ah Chuan v Public Prosecutor
An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence.
Sitra Wood Products Pte Ltd v Royal and Sun Alliance Insurance (S) Pte Ltd [2001] SGHC 204
An insurance contract is a contract of indemnity, and the insured cannot recover more than the actual loss suffered. Payments received by the insured from a third party (the buyer) in satisfaction of contractual obligations must be taken into account in diminishing the loss.
Wang Cong Qin Bobby v Ong Heng Huat [2001] SGHC 203
A private agreement between shareholders of a company is enforceable even if the company is not a party, provided the agreement is not illegal per se.