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Singapore

Wang CongQin Bobby v Ong Heng Huat and another action [2001] SGHC 202

The court held that a private agreement between shareholders/directors regarding the use of company property as collateral for a personal loan is enforceable as a contract between the parties, provided it does not involve the company as a party and is not illegal per se.

Sushant Shukla· ·15 min read
Singapore

Tan Hin Leong v Lee Teck Im

A contractual licence to occupy property is not revocable at will if the terms of the contract define the duration and circumstances for termination.

Sushant Shukla· ·12 min read
Singapore

Cheng William v Loo Ngee Long Edmund [2001] SGHC 201

The Public Prosecutor has the power to intervene in and discontinue private prosecutions, including those on appeal, to prevent the abuse of state machinery by private individuals.

Sushant Shukla· ·12 min read
Singapore

Tan Hun Hoe v Harte Denis Mathew

The decision in Tan Hun Hoe v Harte Denis Mathew represents a seminal authority in Singapore’s medical negligence jurisprudence, particularly concerning the standard of post-operative care and the complex interplay between causation and the "loss of chance" doctrine in personal i

Sushant Shukla· ·12 min read
Singapore

Malayan Banking Bhd v Measurex Engineering Pte Ltd and Another [2001] SGHC 200

Summary judgment should not be granted for a sum that is seriously disputed, but where only a component of the claim is disputed, unconditional leave to defend should only be granted in respect of that disputed component.

Sushant Shukla· ·13 min read
Singapore

Re Fineplas Holdings Pte Ltd (fka Tasinder Pte Ltd) [2001] SGHC 20

The burden of proof is on the plaintiff to show that the defendant is unable to pay damages if the plaintiff seeks to maintain an interlocutory injunction on the basis that damages would not be an adequate remedy.

Sushant Shukla· ·13 min read
Singapore

Em Services Private Limited v Triple Five Transportation & Engineering Construction Pte Ltd [2001] SGHC 2

A contractor is entitled to the stipulated price for substantial performance of a contract, subject to a cross-claim for omissions or defects.

Sushant Shukla· ·12 min read
Singapore

Arubugam Suppiah v Curt Evert Borgensten [2001] SGHC 199

The court held that there was solid evidence of a real risk of dissipation of assets by the defendant, justifying the continuation of a Mareva injunction, based on the defendant's lack of probity, repeated failure to comply with court orders, and questionable financial transactio

Sushant Shukla· ·16 min read
Singapore

The "Antares V" [2001] SGHC 198

The court held that the renewal of an admiralty writ may be granted where there is a good reason, and that ongoing negotiations between parties can constitute such a reason, with the overriding consideration being the balance of justice between the parties.

Sushant Shukla· ·15 min read
Singapore

Quah Su-Ling v Inno-Pacific Holdings Ltd [2001] SGHC 197

The court held that a requirement as to the time for the doing of an act, unless it is a substantive time-bar provision, is a procedural requirement which the court has the power to abridge or extend.

Sushant Shukla· ·14 min read
Singapore

Yuninshing v Edward Mondong [2001] SGHC 196

The court affirmed that the Spiliada test for forum non conveniens requires determining the most appropriate forum in the interests of all parties and the ends of justice, noting that the defendant's fugitive status and the advanced stage of proceedings in Singapore weighed again

Sushant Shukla· ·14 min read
Singapore

DT v Public Prosecutor [2001] SGHC 193

The court held that s 122(2) of the Criminal Procedure Code does not grant an automatic right to refer to a witness's police statement; the applicant must show justifiable grounds for believing that material contradictions exist between the witness's testimony and the statement.

Sushant Shukla· ·13 min read
Singapore

Mowvalappil Ussainer s/o K Alikunhi v Public Prosecutor [2001] SGHC 191

An appellate court will be slow to overturn pure findings of fact by a trial judge, especially when an assessment of the credibility and veracity of the witnesses has been made.

Sushant Shukla· ·12 min read
Singapore

Wu Fu Ping and Another v Ong Beng Seng and Others

The court held that the term 'including' in an indemnity clause is not exhaustive and that the indemnity obligation in the consent order was intended to cover rental deposits as liabilities.

Sushant Shukla· ·12 min read
Singapore

Guo Xinhua v Lee Chin Ngee and Another [2001] SGHC 190

The court assessed damages for dependants following a fatal road accident, determining the multiplicand based on CPF contributions and non-CPFable income, and setting multipliers for the widow and children.

Sushant Shukla· ·14 min read
Singapore

Loo Weng Fatt v Public Prosecutor [2001] SGHC 188

Section 34 of the Penal Code requires participation in the criminal act, but physical presence is not strictly required if the act consists of a series of subsidiary acts performed by different accomplices.

Sushant Shukla· ·13 min read
Singapore

Singapore Telecommunications Limited v The Official Assignee [2001] SGHC 186

The court held that it is not the function of the court to render opinions on whether a proposed action is lawful or correct when enforcement proceedings are already available to a party.

Sushant Shukla· ·13 min read
Singapore

Les Placements Germain Gauthier Inc v Hong Pian Tee [2001] SGHC 185

A foreign judgment creates a new and independent obligation distinct from that of the underlying or original cause of action, and is conclusive between parties as to any issue upon which it adjudicates.

Sushant Shukla· ·14 min read
Singapore

Singapore Telecommunications Ltd v Official Assignee [2001] SGHC 184

The Official Assignee, when acting as a litigant in an action at law, is liable for costs in the same manner as any other litigant.

Sushant Shukla· ·13 min read
Singapore

Chua Tiong Tiong v Public Prosecutor [2001] SGHC 182

In corruption cases, the giver of gratification bears equal culpability to the receiver, and may deserve more punishment if the intent is to pervert the course of justice.

Sushant Shukla· ·13 min read
Singapore

Jeyaretnam Joshua Benjamin v Indra Krishnan

A consent order for payment by instalments in a bankruptcy context is a valid court order, and a debtor's prior consent to a bankruptcy order in the event of default does not oust the court's jurisdiction to determine the debtor's actual inability to pay.

Sushant Shukla· ·15 min read
Singapore

Panatron Pte Ltd and Another v Lee Cheow Lee and Another

A plaintiff in an action for deceit need not show that the fraudulent misrepresentation was the sole cause of his action; it is sufficient if the misrepresentation played a real and substantial part in inducing the plaintiff to act. Furthermore, it is no defence to a claim for fr

Sushant Shukla· ·12 min read
Singapore

SH Sameyeh Pte Ltd v Hassan's Carpets Pte Ltd [2001] SGHC 179

The corporate veil will only be lifted if the company was used as a means of committing a fraud, and the 'single economic unit' argument is generally only relevant for statutory or document interpretation, not for pursuing shareholders for a company's commercial debt.

Sushant Shukla· ·13 min read
Singapore

Cosmos Shipping Co Ltd v Manson Shipping (Singapore) Pte Ltd [2001] SGHC 176

A party is not liable on a contract simply because they are part of a group of companies or because they share communication facilities with the contracting party.

Sushant Shukla· ·13 min read