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Kang Ngah Wei v Commander of Traffic Police [2002] SGHC 4

Leave to apply for certiorari will only be granted if there is an arguable case that the decision-maker acted unreasonably or in breach of natural justice. The court will not interfere with a decision unless it is so outrageous in its defiance of logic that no reasonable authorit

Sushant Shukla· ·14 min read
Singapore

Ng Chu Chong trading as Grand Am Fashion Enterprise v Ng Swee Choon and Others [2002] SGHC 39

The case establishes that a trademark registered in the joint names of partners is partnership property, and upon dissolution of the partnership, the rights to the trademark are subject to the agreement between the partners regarding the transfer of partnership assets.

Sushant Shukla· ·13 min read
Singapore

Star City Pty Limited (formerly known as Sydney Harbour Casino Pty Limited) v Tan Hong Woon [2002] SGHC 36

Section 5(2) of the Civil Law Act is a procedural provision that renders actions to recover money won upon a wager unenforceable in Singapore, regardless of where the wager was concluded.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Thongthot Yordsa-Art and Another [2002] SGHC 34

The court held that members of an unlawful assembly are liable for murder under s 149 of the Penal Code if they knew that death was a likely consequence of the common object of causing grievous hurt.

Sushant Shukla· ·14 min read
Singapore

Lee Keng Hiong trading as William Trade & Tran-Services v Ramlan bin Haron [2002] SGHC 33

The court held that the foreman (Putiyan) was an employee of the respondent (WTTS) and that the respondent was liable for the workman's compensation claim under the Workmen's Compensation Act.

Sushant Shukla· ·13 min read
Singapore

Rahenah bte L Mande v Baxter Healthcare Pte Ltd and Another [2002] SGHC 320

Section 33(2)(a) of the Workmen's Compensation Act prohibits a workman from maintaining a common law action for damages against an employer while an application for compensation under the Act is pending before the Commissioner for Labour.

Sushant Shukla· ·13 min read
Singapore

Universal Express LLC v Jupiter Air Ltd and Another [2002] SGHC 32

The decision in Universal Express LLC v Jupiter Air Ltd and Another [2002] SGHC 32 stands as a significant authority on the endurance of commercial agreements and the high evidentiary threshold required to prove the abandonment of a contract by conduct. The dispute centered on a

Sushant Shukla· ·12 min read
Singapore

Aglow Alicom Pte Ltd v Neewscomm Marketing Pte Ltd & Others [2002] SGHC 312

The court determined damages for breach of non-solicitation and breach of confidence based on a formula accounting for customer attrition, usage, and profit margins.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rusli bin Sembayang [2002] SGHC 311

A confession retracted by an accused may be sufficient for conviction if the court is satisfied of its truth, and the accused's possession of drugs for trafficking can be established through evidence of packing, weighing, and sales records.

Sushant Shukla· ·12 min read
Singapore

Mathi Alegen s/o Gothendaraman v The Tamils Representative Council Singapore and Others [2002] SGHC 310

The court's role in reviewing the decisions of clubs and societies is supervisory, focusing on whether natural justice was observed and if the decision was reached honestly, rather than reviewing the merits of the decision itself.

Sushant Shukla· ·13 min read
Singapore

Supuletchimi d/o Rajoogopal v Tay Boon Keng and Others [2002] SGHC 31

A doctor is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical opinion, provided that such opinion has a logical basis.

Sushant Shukla· ·13 min read
Singapore

Kang Hock Seng Paul v Lee Teck Nam [2002] SGHC 308

The court held that a driver who loses control of their vehicle due to an emergency (avoiding a pedestrian) is not negligent, and that the presence of a tow-truck with flashing lights provides sufficient warning to other road users.

Sushant Shukla· ·14 min read
Singapore

Amir Hamzah Bin Berang Kuty v Public Prosecutor [2002] SGHC 307

The court held that for a charge of abetment by conspiracy under s 107(b) of the Penal Code, it is not necessary for the accused to be the mastermind of the conspiracy.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Hendricks Glen Conleth [2002] SGHC 306

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

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Ang Johnny [2002] SGHC 305

The court found the accused guilty of aggravated rape and wrongful restraint with intent to outrage modesty, rejecting his defence that the sexual intercourse was consensual and occurred on a different occasion.

Sushant Shukla· ·13 min read
Singapore

Bakery Mart Pte Ltd v Avante Investment Pte Ltd and Another [2002] SGHC 304

The court granted an interim injunction to maintain the status quo regarding the composition of the Board of Directors of Culina Pte Ltd pending the trial of the dispute over the existence of a shareholders' agreement.

Sushant Shukla· ·16 min read
Singapore

Soeparto Nilam v Sit Ley Timber (Pte) Ltd [2002] SGHC 302

The court held that an originating summons for the removal of a caveat should be heard together with a related substantive suit where the issues are intricately co-related and the balance of convenience favours maintaining the status quo.

Sushant Shukla· ·11 min read
Singapore

Ow Yew Beng v Public Prosecutor [2002] SGHC 301

The test for 'reason to believe' under s 411 of the Penal Code is objective, conducted from the vantage point of someone with the appellant's knowledge and experience.

Sushant Shukla· ·14 min read
Singapore

Chye Lian Huat Sawmill Co v Hean Nerng Industrial Pte Ltd [2002] SGHC 300

The court held that the Licensing Agreement was not unenforceable on grounds of public policy as JTC had not exercised its rights of forfeiture and had allowed time for the parties to unscramble. The court also held that the plaintiffs were not in repudiation of the agreement as

Sushant Shukla· ·14 min read
Singapore

Bok Chee Seng Construction Pte Ltd v Development Bank of Singapore Ltd [2002] SGHC 30

A bank cannot rely on a conclusive evidence clause or the indoor management rule to justify acting on an invalid mandate if those defences were not pleaded in the defence.

Sushant Shukla· ·14 min read
Singapore

Rehana Perveen v Public Prosecutor [2002] SGHC 3

The court acquitted the appellant because it was impossible or highly unlikely that she could have inflicted the injury in the manner described by the prosecution witnesses, and their evidence was found to be unreliable and inconsistent.

Sushant Shukla· ·12 min read
Singapore

Kwee Seng Chio Peter v Biogenics Sdn Bhd [2002] SGHC 298

A nominee director is bound by the knowledge of the person for whom he acts if he acts without discretion or volition.

Sushant Shukla· ·13 min read
Singapore

Wah Yuen Electrical Engineering Pte Ltd v Singapore Cables Manufacturers Pte Ltd [2002] SGHC 297

The court will not approve a scheme of arrangement under s 210 of the Companies Act where the company fails to provide sufficient transparency and disclosure regarding the debts of related parties, especially when such debts are necessary to meet the statutory majority requiremen

Sushant Shukla· ·12 min read
Singapore

Wan Kim Hock v Public Prosecutor [2002] SGHC 296

An appellate court will generally defer to the trial judge's findings of fact unless they are shown to be plainly wrong or against the weight of the evidence. Sentencing is a matter of law involving manifold factors, and past cases serve only as guidelines.

Sushant Shukla· ·14 min read