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Public Prosecutor v Pick Hoo Kee [2001] SGHC 175
The court emphasizes that severe punishment is required for those who take advantage of vulnerable and defenceless victims, particularly in cases of rape by a family member.
Re Nirmal Singh s/o Fauja Singh [2001] SGHC 173
The court held that a significantly longer period than five years must elapse after a striking-off order before an application for reinstatement can be entertained, and that the applicant's conduct did not warrant restoration.
Thomson Plaza Pte Ltd v The Liquidators of Yaohan Department Store Pte Ltd
A judge has inherent jurisdiction to recall a decision and hear further arguments until the order is perfected. Once a court agrees to hear further arguments, the original decision is suspended, and time to appeal only begins to run from the date the judge affirms the original de
Thomson Plaza (Pte) Ltd v Liquidators of Yaohan Department Store Singapore Pte Ltd (in liquidation) [2001] SGHC 172
The court held that the phrase 'subject to contract' in a letter of offer creates a condition precedent, meaning no binding contract exists until a formal lease is executed. Consequently, the applicant's claim for damages for breach of contract was dismissed.
Samwoh Asphalt Premix Pte Ltd v Sum Cheong Piling Pte Ltd and Another [2001] SGHC 170
A demand guarantee is an independent payment undertaking that must be honoured upon presentation of a demand, and the court should be slow to interfere with this contractual arrangement.
Goh Chin Soon v Oversea-Chinese Banking Corporation Limited [2001] SGHC 17
A statutory demand will not be set aside under rule 98(2)(a) of the Bankruptcy Rules based on a counterclaim or set-off that is not genuine or does not exceed the debt owed.
Golden Village Multiplex Pte Ltd v Marina Centre Holdings Pte Ltd [2001] SGHC 169
An agreement for a lease that is void at law for failure to comply with statutory formalities (such as being by deed or in approved form) may still operate as an equitable lease under the doctrine of Walsh v Lonsdale, provided it is specifically enforceable.
Gunapathy Muniandy v James Khoo and Others [2001] SGHC 165
The judgment in Gunapathy Muniandy v James Khoo and Others [2001] SGHC 165 represents one of the most exhaustive examinations of medical negligence and the application of the Bolam test in Singapore’s legal history. Spanning nearly 300 pages, the decision by G P Selvam J addresse
Saeng-Un Udom v Public Prosecutor
A court should not reject unopposed expert evidence that is based on sound grounds and supported by basic facts in favour of its own inferences.
Krishna's India Pte Ltd v Abdulmozhi d/o Krishnan and Another [2001] SGHC 159
A director breaches fiduciary duties by arranging the sale of company properties to her husband at an undervalued price without acting in the company's best interest. A third party who knowingly participates in such a breach is liable as a constructive trustee.
Tay Chin Wah v Public Prosecutor
The statutory presumption in s 4(2) of the Arms Offences Act is not rebutted by a bare denial of intention to cause physical injury, especially when the evidence shows the accused fired multiple shots in the direction of the victims.
Krishna's India Pte Ltd v Arulmozhi D/O Krishnan and Another [2001] SGHC 157
A director who arranges for the sale of company property to her husband at an undervalue, while failing to properly market the property or obtain independent valuations, breaches her fiduciary duties. A third party who knowingly participates in such a breach is liable as a constr
PT GE Astra Finance v The Owners of the Ship or Vessel "Pioneer Glory" [2001] SGHC 156
The court affirmed that damages for wrongful detention of goods should aim at restitutio in integrum, compensating the claimant for losses that are reasonably foreseeable, including interest on loans necessitated by the detention.
The 'Bonito' v The 'Ah Lam II' and Another
An 'unless order' does not automatically apply to subsequent extensions of time unless explicitly stated, and courts should avoid depriving litigants of a trial on the merits due to procedural defaults that cause no uncompensable prejudice.
Silvalingam Sinnasamy v Public Prosecutor [2001] SGHC 154
A previous conviction under the former s 68(1) of the Road Traffic Act (Cap 92, 1970 Ed) counts as a first conviction for the purpose of determining whether a subsequent conviction under s 67(1) of the Road Traffic Act (Cap 276, 1997 Ed) is a second or subsequent conviction for s
The "Bonito"
An 'unless order' does not automatically carry over to subsequent orders extending time unless expressly stated, and the court should not deny an extension of time for procedural default if the other party suffers no uncompensable prejudice.
Public Prosecutor v Chew Suang Heng [2001] SGHC 15
Corruption offences involving law enforcement officers generally attract custodial sentences as a deterrent, and a plea of guilt may carry little weight if the evidence is overwhelming.
Tan Kok Lam (next friend to Teng Eng) v Hong Choon Peng
A person who is rendered permanently unconscious due to another's negligence is entitled to claim substantial damages for loss of amenities, as this is an objective loss of capacity to enjoy life, distinct from pain and suffering.
Wong Kok Keong alias Wong Kock Khiang v CBN Holdings Pte Ltd and Others [2001] SGHC 149
The court held that the plaintiff failed to prove his claim to 95% of the shares in the company, as he had failed to perform his obligations under the joint venture agreement and had fabricated evidence to support his claims.
Asia-Pacific Ventures II Ltd and Others v PT Intimutiara Gasindo and Others [2001] SGHC 144
A stay of proceedings on the ground of forum non conveniens will be refused where the defendant fails to show that a foreign forum is clearly more appropriate, especially when the parties have contractually chosen Singapore law and submitted to the non-exclusive jurisdiction of S
Ng Kok Cheng v Chua Say Tiong [2001] SGHC 143
The court held that the patent was valid and infringed, applying a purposive construction to the claims and finding that the defendant's product contained all essential integers of the patent.
Momentum Creations Pte Ltd v Tan Eng Koon trading as De Angeli [2001] SGHC 142
The court held that the defendant was liable for passing off by copying the plaintiffs' furniture designs and using the plaintiffs' marketing materials (leaflets) to misrepresent that the defendant's products were of the same quality or from the same source as the plaintiffs'.
Yap Chwee Khim v American Home Assurance Co and Others
A trial judge has wide powers under s 167 of the Evidence Act to question witnesses, but this power must be exercised with caution and detachment, without usurping the role of counsel or descending into the arena.
Marinteknik Shipbuilders (S) Pte Ltd v SNC Passion [2001] SGHC 141
The court discharged an injunction restraining a call on an on-demand performance bond because there was no evidence of fraud or unconscionability, and the Plaintiffs had failed to make full and frank disclosure in their ex parte application.