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China Airlines Limited v Philips Hong Kong Limited [2002] SGHC 131
Under Article 22(2)(b) of the amended Warsaw Convention, the limit of liability for cargo loss is to be computed based on the total weight of the package as declared in the air waybill, regardless of whether it contains smaller sub-packages.
Soh Gim Chuan (private trustee of the estate of Goh Poh Choo in bankruptcy) v Koh Hai Keong and Another [2002] SGHC 130
The court held that solicitors holding client money in their client account are 'associates' of the client under s 101(5) of the Bankruptcy Act. However, the presumption of unfair preference under s 99(5) was rebutted as the legal fees were genuine and not excessive, and the paym
Ong Leong Chuan v Ong Heng Chuan and Others [2002] SGHC 126
The court held that a cheque payment that is dishonoured does not constitute valid payment under a compromise agreement, and that late cash payment does not satisfy the time requirements of the agreement.
Marina Tanker Sdn Bhd v Chan Fook Choon and Another [2002] SGHC 125
The court determined the quantum of damages for negligent engine repair, disallowing expenses not directly attributable to the negligence and approving repair costs supported by surveyor evidence.
Re Dayang Construction and Engineering Pte Ltd [2002] SGHC 123
A statutory demand under s 254(2)(a) of the Companies Act does not require a specific reference to the three-week period for payment, nor does it require a warning that failure to comply will lead to winding-up proceedings.
Lee Kuan Yew v Chee Soon Juan [2002] SGHC 122
The court dismissed the application, ruling that the parties were estopped from re-litigating the complexity of the case for Queen's Counsel admission. A previous final decision had already determined that the suits did not warrant such admission.
Loh Kok Siew v Public Prosecutor [2002] SGHC 121
The court will only grant a further postponement of the commencement of a sentence of imprisonment if the applicant can show dire and urgent circumstances, and the burden of proof lies on the applicant.
Koh Thian Huat v Public Prosecutor [2002] SGHC 120
The High Court's revisionary powers are not a substitute for an appeal and will only be exercised to prevent serious injustice or correct errors of law or procedure.
Tan Cheng Kwee v Public Prosecutor [2002] SGHC 118
Section 79(1) of the Road Traffic Act creates a strict liability offence regarding the driving of heavy motor vehicles exceeding four metres in height without a permit, as it pertains to public safety.
Tan Hock Chuan v Tan Tiong Hwa [2002] SGHC 117
The High Court's power of criminal revision under s 266 of the Criminal Procedure Code is restricted to criminal proceedings; applications for personal protection orders under the Women's Charter are civil in nature and thus not subject to criminal revision.
Keppel FELS Limited v International Coatings Pte Ltd (formerly known as Courtaulds Coatings Singapore Pte Ltd) and Another [2002] SGHC 115
The court held that the blistering of the paint was osmotic, caused by salt contamination on the steel surfaces prior to painting, and that the First Defendants breached their duty to provide proper technical advice and specifications for surface preparation.
PT Adaro Indonesia v Rabobank [2002] SGHC 114
An issuing bank cannot rely on discrepancies to refuse payment under a letter of credit if it is estopped by its own conduct, specifically where it has indicated it would refer discrepancies to the applicant for acceptance and the applicant has accepted them.
Lemon Grass Pte Ltd v Peranakan Place Complex Pte Ltd [2002] SGHC 113
The court held that the tenancy agreement did not grant the plaintiffs an unfettered right of access through adjoining premises, and the plaintiffs failed to prove the existence of an enforceable collateral contract or proprietary estoppel.
Wong Kwei Cheong v ABN-AMRO Bank NV [2002] SGHC 111
The court held that a statutory demand must be served in accordance with the prescribed manner under the Bankruptcy Rules, and failure to do so cannot be cured under s 158(1) of the Bankruptcy Act as a mere irregularity.
Tan Chin Seng and Others v Raffles Town Club Pte Ltd (No 2) [2002] SGHC 110
Discovery will not be ordered for documents that are not relevant to the pleaded issues or that are sought solely for cross-examination as to credit.
Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd (No 2) [2002] SGHC 109
A party is bound by its pleadings in a trial, and failure to plead a contractual provision precludes reliance on it. Furthermore, a commutation agreement is a separate agreement from a reinsurance contract and does not constitute a 'loss settlement' under a 'follow settlements' c
Han Min v First Commercial Bank and Others (First Commercial Bank, Third Party) [2002] SGHC 108
The court found that the plaintiff was misled by bank officers into signing memoranda of lien without understanding their nature, and thus declared the memoranda not binding.
Public Prosecutor v Wong Siu Fai [2002] SGHC 107
The court held that where two acts are closely related in time, motion, and space, they should be treated as a unitary offence for sentencing purposes.
CSR South East Asia Pte Ltd (formerly known as CSR Bradford Insulation (S) Pte Ltd) v Sunrise Insulation Pte Ltd [2002] SGHC 106
A default judgment entered for a sum that fails to account for a cheque received and retained by the creditor is irregular and must be set aside ex debito justitiae.
Central Bank of India v Hemant Govindprasad Bansal & Ors [2002] SGHC 102
A defendant who elects not to adduce evidence in their defence after a prima facie case has been established by the plaintiff will be liable if the evidence supports the essential limbs of the claim.
Barang Barang Pte Ltd v Boey Ng San and Others [2002] SGHC 101
An application under O 14 r 12 of the Rules of Court is only suitable if the question of construction can be achieved without a full trial and such a determination will fully determine the entire cause of the matter.
Koh Ewe Chee v Koh Hua Leong and Another [2002] SGHC 100
A 'liberty to apply' order is a judicial device intended to supplement main orders for form and convenience, not to vary or change their substance.
Syed Abdul Mutalip bin Syed Sidek and Another v Public Prosecutor
A retracted confession is admissible and sufficient for conviction if the court is satisfied it was made voluntarily and is true.
Clarke Beryl Claire (as personal representative of the estate of Eugene Francis Clarke) and Others v SilkAir (Singapore) Pte Ltd
The court held that the respondent carrier could limit its liability under the Warsaw Convention and the Warsaw (Hague) Convention because the appellants failed to prove that the crash was caused by the pilots' wilful misconduct or reckless acts with knowledge that damage would p