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Public Prosecutor v Arun Prakash Vaithilingam [2002] SGHC 295
The court held that the accused was guilty of murder as he had intended to use the knife to attack the victim, and the defence of sudden fight under Exception 4 to s 300 of the Penal Code was not available as the accused had taken an unfair advantage by arming himself beforehand.
Niranjan Dolly K v Toh Laye Lan [2002] SGHC 294
This case established that absolute privilege extends to a solicitor's correspondence aimed at protecting a client's interests during litigation. The court held that warnings against witness tampering are protected to ensure the integrity of judicial proceedings.
Econ Corporation International Limited v Ballast-Nedam International BV [2002] SGHC 293
The court held that leave to serve out of jurisdiction should be granted where the plaintiff establishes a good arguable case and the governing law of the instruments in dispute is Singapore law, making Singapore the appropriate forum.
Fong Yoke San & Another v Chan Lee Pa [2002] SGHC 292
An option to purchase property signed by only one of several joint tenants is not necessarily incomplete or unperfected; it may be a binding contract on the signatory, who is then obliged to procure the other joint tenants to complete the sale.
Roberto Building Material Pte Ltd & Others v Oversea-Chinese Banking Corporation Limited & Another [2002] SGHC 291
A mortgagee or security holder owes a duty of good faith to the mortgagor when exercising powers under the security, but is entitled to protect its own interests even if disadvantageous to the borrower. The appointment of a receiver by a mortgagee is a decision that can generally
Public Prosecutor v Henry John William and another appeal [2002] SGHC 29
The High Court has the power to amend defective charges in the exercise of its revisionary jurisdiction, provided that such amendment does not cause injustice or prejudice to the accused.
Colombo Dockyard Limited v Athula Anthony Jayasinghe trading as Metro Maritime Services [2002] SGHC 289
A party to an illegal contract may recover money paid under it if the illegal purpose has not been carried out and the party repudiates the contract voluntarily and in time.
Public Prosecutor v Ram Ghanshamdas Mahtani & Another [2002] SGHC 288
The court held that bailors have an onerous duty to exercise due diligence to ensure an accused attends court, and mere faith in the accused or the filing of a police report is insufficient to avoid forfeiture of bail.
Ong Heng Chuan & Another v Ong Boon Chuan & Another [2002] SGHC 285
The court found that the Plaintiffs failed to prove the existence of a common understanding or arrangement that would give rise to a constructive trust under the 'Pallant v Morgan equity' doctrine.
Chuan & Company Pte Ltd v Ong Soon Huat (Ong Thiam Huat and Others, Third Parties) [2002] SGHC 284
An acknowledgement of a debt under s 26 of the Limitation Act must be an unequivocal admission of a subsisting debt at the time of the acknowledgement.
Philip Motha Consultancy Pte Ltd v Jones Lang Lasalle Property Consultants Pte Ltd (formerly known as JLW Property Consultants Pte Ltd) [2002] SGHC 283
The court held that there was no oral co-broking agreement in 1995, and even if there were, it was superseded by the written agreement of 23 April 1996. Furthermore, the court found that the plaintiff's claim for a share of the commission was not supported by the evidence.
HH Media-Tech Pte Ltd v Kim Yong Hyun [2002] SGHC 282
The court held that the defendant breached an implied term of the agreement not to solicit the plaintiffs' customers and was liable to account for profits made from such solicitation.
Mah Wand Hew v Ong Yew Huat & Another [2002] SGHC 281
The court held that the plaintiff was an employee of the defendant company, not the Guangzhou Hotel Equatorial, and thus entitled to claim outstanding salary and retrenchment benefits from the defendant company in liquidation.
Surge Electrical Engineering Pte Ltd v Powertec Engineers Pte Ltd [2002] SGHC 280
The court held that particulars will be ordered to clarify the case to be met at trial, but not to obtain evidence of how the opponent intends to prove their case.
Sivakumar s/o Rajoo v Public Prosecutor [2002] SGHC 28
A 'special reason' for drink driving must be directly connected to the commission of the offence and not merely to the offender's personal circumstances. The court's discretion to avoid mandatory disqualification is limited and should only be exercised in exceptional circumstance
Nicholas Kenneth v Public Prosecutor [2002] SGHC 279
The court held that s 234(1) of the Criminal Procedure Code, which allows for consecutive sentences of imprisonment, should be interpreted purposively to also apply to sentences of preventive detention, enabling the court to order consecutive terms of preventive detention where n
Korea Jonmyong Trading Co v Sea-shore Transportation Pte Ltd & Another [2002] SGHC 276
The court held that consequential losses from sub-contracts are too remote if the special circumstances were not communicated to the defendant at the time of contracting. Additionally, the court refused to allow a set-off for 'apology money' paid to a foreign government, citing t
Public Prosecutor v C [2002] SGHC 275
The court acquitted the accused of rape and outrage of modesty charges because the prosecution failed to prove the case beyond reasonable doubt, noting inconsistencies in the complainant's evidence and the lack of independent corroboration.
Zhang Wan Bo v Poh Kay Leong and Another [2002] SGHC 274
The court found the defendant solely liable for negligence after he reversed his car without checking the rear, and rejected the defendant's argument that the plaintiff was contributorily negligent.
Chaly Chee Kheong Mah, Po'ad bin Shaik Abu Bakar Mattar & 34 others practising in the name and style of Deloitte & Touche v The Liquidators of Baring Futures (Singapore) Pte Ltd [2002] SGHC 273
The Articles of Association of a company do not constitute a contract between the company and its auditors unless expressly incorporated into the engagement terms. Furthermore, general indemnity clauses in articles do not cover costs incurred in defending legal proceedings unless
Cheng Poh Building Construction Pte Ltd v First City Builders Pte Ltd [2002] SGHC 272
The court has discretion under Order 14 Rule 3(2) of the Rules of Court to stay execution of a summary judgment where the defendant has raised a plausible counterclaim that could extinguish or exceed the judgment sum.
Sim Lee Keng Cindy v Paul Bayliss Brown (Vythilingam s/o Packirisamy and Another, Third Parties) [2002] SGHC 271
The court held that both the defendant and the first Third Party were equally liable for the collision due to their respective failures to maintain a proper lookout and to exercise due care.
International Factors Leasing Pte Ltd v The Personal Representative of Tan Hock Kee & Others [2002] SGHC 270
The court held that a stay of execution should rarely be granted in cases involving bank guarantees, which are equivalent to letters of credit, even if a counterclaim exists, unless there is cogent evidence that the bank would be unable to meet a judgment on the counterclaim.
Public Prosecutor v John William Henry [2002] SGHC 27
The High Court clarified its power to amend defective charges during criminal revision. It held that such amendments are permissible if they do not cause injustice or prejudice the accused, ensuring the proceedings below would have remained unchanged.