LITT
Try LITT free
Ng Hock Guan v Attorney-General [2003] SGHC 284
A disciplinary decision is irrational and subject to judicial review if it is based on a prejudicial, unsubstantiated notion that witnesses (such as police colleagues) are inherently inclined to perjure themselves to cover up for their colleagues.
Lim Kaling v Hangchi Valerie [2003] SGHC 99
A spouse's potential claim for division of matrimonial assets under s 112 of the Women's Charter does not constitute a caveatable interest in land under the Land Titles Act until an actual order for division is made.
Standard Chartered Bank v Uniden Systems (S) Pte Ltd and Others [2003] SGHC 98
A wife who reposes trust and confidence in her husband regarding financial affairs may establish a presumption of undue influence (Class 2B), but the bank is not fixed with notice if there is nothing unusual in the relationship to warrant further investigation.
Nirumalan V Kanapathi Pillay v Teo Eng Chuan [2003] SGHC 96
The court held that pre-trial interest on damages is discretionary and may be diminished if the plaintiff is slow to prosecute the case, as the defendant has not kept the plaintiff out of his money.
Mahdi Bin Ibrahim Bamadhaj v Public Prosecutor [2003] SGHC 95
Exclusive possession of the premises where drugs are found is not a prerequisite for proving physical control of the drugs; physical control is a question of fact.
Peh Soh Kiat (mw) v Teo Wee Eng [2003] SGHC 94
An application for an increase in child maintenance is dismissed where the applicant fails to demonstrate a genuine need for the increase and the respondent is financially stretched.
A Kanesananthan v Singapore Ceylon Tamils' Association [2003] SGHC 93
The court held that an amended Constitution of an association, once approved by the Registrar of Societies, has legal force until ruled otherwise, and that internal errors in the drafting process must be resolved by the members in a General Meeting.
Re Bentimi Pte Ltd; In the Matter of Part X of the Companies Act, Chapter 50 (1994 Revised Edition) v In the Matter of Bentimi Pte Ltd [2003] SGHC 92
A winding-up petition based on a disputed debt where the debt is challenged on substantial grounds, such as forgery, should not be decided on the strength of a single document but should be resolved in a writ action.
Sinogreat International Trading Ltd v Hin Leong Trading (Pte) Ltd [2003] SGHC 91
The plaintiffs' claims for breach of contract were dismissed because the effective cause of the cargo's confiscation was the plaintiffs' own instruction to mis-describe the cargo in shipping documents, which led to a breach of PRC customs regulations.
Goh Yong Hng v Cheong Yen Teng (Zheng Yanping) (m.w.) and Another [2003] SGHC 89
A co-respondent in divorce proceedings is prima facie liable for costs of private investigation if their adultery necessitated the investigation, but the quantum of such costs must be reasonable and apportioned based on the co-respondent's responsibility.
Public Prosecutor v Tan Loon Lui [2003] SGHC 87
The court held that the respondent successfully rebutted the statutory presumption of drug consumption under s 22 of the Misuse of Drugs Act by providing credible evidence that his drink was spiked by a third party.
Nganthavee Teriya alias Gan Hui Poo v Ang Yee Lim Lawrence and Others (Lim Eng Hock Peter and Another, Third Parties) [2003] SGHC 86
A tortfeasor cannot claim contribution from a co-tortfeasor under s 11 of the Civil Law Act if doing so would allow the tortfeasor to retain part of the benefits derived from their own wrongful conduct.
Sincere Watch Limited v Bakery Mart Pte Ltd (Ng Yew Hong, Third Party) [2003] SGHC 85
A loan repayable on demand is liable to be garnished without the need for a prior demand by the judgment debtor on the garnishee.
Span Pacific Corporation v ASP Crew Management Ltd and Others [2003] SGHC 84
A plaintiff resident abroad is not automatically required to provide security for costs; the court considers the likelihood of success and the conduct of the parties.
Ever Lucky Shipping Co Ltd v Sunlight Mercantile Pte Ltd and Another [2003] SGHC 80
A shipowner is entitled to general average contribution from deck cargo interests if the contract of carriage effectively excludes liability for unseaworthiness, even if the vessel was unseaworthy at the commencement of the voyage.
Re Tiong Polestar Engineering (formerly known as Polestar Engineering (S) Pte Ltd [2003] SGHC 8
This case clarifies that creditors cannot retain garnishee order benefits if payment occurs after winding up begins. It also establishes that payments to associate companies within two years of a petition are considered unfair preferences.
Lee Kuan Yew v Chee Soon Juan [2003] SGHC 78
A threat to enforce one's legal rights by instituting civil proceedings cannot amount to duress, provided the threat is made bona fide.
Public Prosecutor v C [2003] SGHC 77
The court sentenced the accused to 30 years imprisonment and 23 strokes of the cane for multiple counts of unnatural offences and outrage of modesty against his step-daughter, noting the gravity of the offences and the breach of trust.
Teng Cheng Sin v Law Fay Yuen (m.w.) [2003] SGHC 76
A personal protection order is justified where there is a likelihood of recurring family violence, even if some evidence of specific incidents is disputed.
Vellasamy Lakshimi v Muthusamy Suppiah David [2003] SGHC 75
The plaintiff failed to prove allegations of fraud and deceit in the transfer of property and withdrawal of funds, as the burden of proof lies on the party alleging fraud.
Public Prosecutor v Yeow Beng Chye [2003] SGHC 74
The court held that systematic and extensive inconsistencies in a key witness's testimony can destroy the credibility of their entire evidence, justifying an acquittal.
T J Systems (S) Pte Ltd and Others v Ngow Kheong Shen [2003] SGHC 73
The court held that the defendant's e-mail was defamatory of the plaintiffs and that the defences of fair comment and qualified privilege were not made out.
Daewoo Singapore Pte Ltd v CEL Tractors Pte Ltd [2003] SGHC 72
The court found that there was no binding and enforceable agreement between the parties to pay default interest on overdue invoices, as the alleged terms were not incorporated into the transactions.
IBM Singapore Pte Ltd v UNIG Pte Ltd [2003] SGHC 71
The court held that the signed agreements, which contained 'entire agreement' clauses, superseded all prior communications, including the RFP and Response to RFP. The court found no breach of contract by IBM and dismissed UNIG's counterclaim.