LITT
Try LITT free
Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others (Adventure Training Systems Pty Ltd, Third Party) [2003] SGHC 134
The court held that the suppliers of adventure training equipment were liable for negligence due to inadequate training and failure to ensure the equipment was fit for purpose, specifically regarding the compatibility of the stop descender with the rope used.
Kwa Ban Cheong v Kuah Boon Sek and Others [2003] SGHC 132
The court held that the present action was an abuse of process as it was a collateral attack on a previous final decision involving the same subject matter, and that the previous decision operated in rem.
Re Ishak Bin Ismail (Ex Parte United Overseas Bank Limited) [2003] SGHC 131
A creditor must ensure that substituted service of a statutory demand is effective in bringing the demand to the debtor's notice, and the court will not order such service if it is aware that the debtor no longer resides at the premises.
Tang Chiew Ping v Abdul Rashid Bin Razali [2003] SGHC 129
Loss of earning capacity is generally used when a plaintiff is able to continue in employment without loss of emoluments but would be handicapped if seeking alternative employment, whereas loss of future earnings is for real assessable loss proved by evidence.
Zhao Feng Guo v Tan Hong Soon trading as Sole Proprietor in the name and style of Intense Engineering Construction [2003] SGHC 128
The court assessed damages for a personal injury claim, determining pre-trial and future loss of earnings based on the plaintiff's earning capacity in China following his repatriation, and applying a multiplier of nine for future loss of earnings.
Silver Steam Air-Conditional Restaurant (In Receivership) v Ong Kay Eng (Ng Chiow Tiong, Third Party) [2003] SGHC 127
The managing partner of a partnership has a duty to keep proper accounts and bears the burden of establishing any claimed losses.
Wee Soon Kim Anthony v UBS AG (No 2) [2003] SGHC 125
The court refused an application to amend the statement of claim in the course of trial, emphasizing that in the interest of efficient case management, late amendments that introduce new facts and issues will not be allowed simply because the other party can be compensated by cos
Myanma Yaung Chi Oo Co. Ltd v Win Win Nu and Another [2003] SGHC 124
The court held that there is an implied duty of confidentiality in arbitration proceedings, but that disclosure is permissible if it is reasonably necessary to protect a party's legal rights against a third party, and such disclosure does not require prior leave of court.
Public Prosecutor v R Sekhar s/o R G Van [2003] SGHC 123
The burden of proof lies on an undischarged bankrupt to show that he had disclosed his bankruptcy status to the lender before obtaining credit of $500 or more.
Chee Soon Juan v Public Prosecutor [2003] SGHC 122
The court held that the Public Entertainments and Meetings Act (PEMA) is constitutional and that the appellant's actions constituted an attempt to provide public entertainment without a licence.
Tokuhon (Private) Limited v Seow Kang Hong and Others [2003] SGHC 121
The court held that a stay of execution pending appeal should be granted only if the defendant can show that without a stay, they would be ruined and that the appeal has some prospect of success, while balancing the prejudice to the successful party.
Sunlink Engineering Pte Ltd v Koru Bena Sdn Bhd [2003] SGHC 120
The High Court has an unfettered discretion to transfer proceedings to the Subordinate Courts, and will exercise this discretion to prevent the misallocation of High Court resources for claims involving relatively small sums.
Rafiq Jumabhoy v Scotts Investments (Singapore) Pte Ltd (in compulsory liquidation) [2003] SGHC 119
The court has jurisdiction to grant leave retrospectively under s 262(3) of the Companies Act for a party to commence or continue an action against a company in compulsory liquidation.
Walsh Terence William v Peregrine Systems Pte Ltd [2003] SGHC 117
The court held that the words 'expected to be for a period of two (2) years' in the letter of offer were inconsistent with a fixed-term employment contract, and that the plaintiff failed to prove a common mistake for rectification.
Shapy Khan s/o Sher Khan v Public Prosecutor [2003] SGHC 116
The case establishes that 'benefit' is not a necessary ingredient for deception under s 102(b) of the Securities Industry Act, and that unauthorised trading by a dealer constitutes deception regardless of whether the dealer gained a benefit.
The Seaway; Shell Eastern Petroleum (Pte) Ltd v The Owners of the Ship or Vessel "Seaway" [2003] SGHC 115
The court held that the defendants were entitled to limit their liability under s 136 of the Merchant Shipping Act for damage caused to the plaintiffs' wharf, as the wharf fell within the meaning of 'property' under s 136(d).
Koh Soon Pheng v Tan Kah Eng [2003] SGHC 112
The global sum approach to assessing damages is outdated; each head of pecuniary loss must be considered separately on its own merits.
Ng Ngah Len @ Datin Sandra Kuah v Kuah Tian Nam @ Dato Peter Kuah [2003] SGHC 109
The court held that the multiplier for lump sum maintenance should be guided by the circumstances of the case, rather than a strict rule, and that financial contributions by a wife, even if modest, deserve recognition in the division of matrimonial assets.
Public Prosecutor v Chia Moh Heng [2003] SGHC 108
Where an accused is convicted of culpable homicide not amounting to murder but does not meet the stringent requirements of s 84 of the Penal Code for insanity, the court must impose a sentence of imprisonment, and in the absence of other statutory provisions, life imprisonment ma
ABC Co v XYZ Co Ltd [2003] SGHC 107
The court held that an application to amend an originating motion to set aside an arbitral award after the expiry of the three-month limitation period under Article 34(3) of the Model Law is governed by O 20 r 5(2) and r 5(5) of the Rules of Court, and such amendments are only pe
Zhao Feng Guo v Tan Hong Soon t/a Intense Engineering Construction [2003] SGHC 106
The court held that an interlocutory judgment in default of appearance will not be set aside on the basis of alleged misrepresentation of qualifications by the plaintiff, as such misrepresentation is too remote from the causation of the tortious act.
Chua Chuan Heng Allan v Public Prosecutor [2003] SGHC 105
The court's power to backdate a custodial sentence is discretionary and not an entitlement. Only time spent in remand is relevant for backdating, and the onus is on the offender to bring such facts to the court's attention.
Chua Siew Moi v Oh Thai Nan [2003] SGHC 104
A loan simpliciter is repayable from the date it was made, and a court should not give judgment on the basis of a case or defence that has not been pleaded.
Toh Lam Seng v Public Prosecutor [2003] SGHC 102
A plea of guilt is not qualified by statements in mitigation unless they contradict material admissions of fact or indicate the lack of an essential ingredient of the offence. The court must investigate if the accused intends to plead guilty unreservedly.