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Eltraco International Pte Ltd v Sennet Electrical Engineering Pte Ltd and Others [2003] SGHC 40
A court-sanctioned scheme of arrangement under s 210 of the Companies Act is binding on all creditors and cannot be circumvented by creditors seeking direct payments from third parties if such payments would undermine the scheme's distribution mechanism.
Reemtsma Cigarettenfabriken GmbH v Hugo Boss AG [2003] SGHC 4
The court held that a certificate of service issued by judicial authorities is prima facie evidence of the facts stated therein, and the burden of proof lies on the party challenging service to prove non-service on a balance of probabilities.
Lwee Kwi Ling Mary v Public Prosecutor [2003] SGHC 39
The court does not have the power to suspend the execution of a sentence once the offender has commenced serving it, as the power to suspend execution is exclusively vested in the President under s 8(1) of the Republic of Singapore Independence Act.
Lwee Kwi Ling Mary v Quek Chin Huat [2003] SGHC 38
A death threat made with a weapon should never be taken lightly and should normally attract a prison term of at least six months, though mitigating factors such as acting in private defence may warrant a lower sentence.
Public Prosecutor v Jin Yugang [2003] SGHC 37
The court convicted Jin Yugang of murder, finding he possessed the necessary intent. His claims of intoxication and grave and sudden provocation were rejected based on the evidence of his actions. This case clarifies the high threshold for these specific legal defences.
Tan Yeow Khoon and Another v Tan Yeow Tat and Others [2003] SGHC 36
The court held that the plaintiffs were estopped from re-litigating the issue of the valuation of the property as the matter was res judicata, having been the subject of previous litigation and a consent order.
Velstra Pte Ltd v Mercator & Noordstar NV [2003] SGHC 35
A payment made by an insolvent company to a third party without consideration or for significantly less value constitutes a transaction at an undervalue under the Bankruptcy Act, and the court has no discretion to deny the liquidator's application for recovery once the statutory
Wee Soon Kim Anthony v The Law Society of Singapore (Davinder Singh and another, proposed interveners, Third Party) (No 5) [2003] SGHC 32
A party claiming costs must justify the claim with adequate information and documentary evidence; a party should not claim a high figure in the hope of being allowed a percentage of it.
Macquarie Corporate Telecommunications Pte Ltd v Phoenix Communications Pte Ltd and Another [2003] SGHC 314
The court held that the second defendant's statements were defamatory and that the defences of justification, fair comment, and qualified privilege failed due to malice.
Rosaline Singh v Jayabalan Samidurai (alias Jerome Jayabalan) [2003] SGHC 313
The court affirmed the District Judge's division of matrimonial assets and decision on maintenance, noting that the division of matrimonial assets is not an exact science and requires a broad-brush approach.
Tang Kay Heng Alan v Purwadi [2003] SGHC 312
The court dismissed the plaintiff's claim for commission because the plaintiff failed to prove a binding contract, failed to call corroborating evidence, and provided evidence that was fundamentally flawed and contradictory.
Ng Ah Lek v The Personal Representatives of Low Keng Suang @ Low Tai Kheng, deceased [2003] SGHC 310
The court assessed damages for a plaintiff who suffered severe injuries in a motorcycle accident, including paralysis and fractures, and determined compensation for pain and suffering, future medical expenses, loss of earning capacity, and maid expenses.
Pirelli General PLC and Others v PSA Corp Ltd and Another [2003] SGHC 31
The weight limitation under Article IV Rule 5(a) of the Hague-Visby Rules is calculated based on the actual weight of the goods lost or damaged, rather than the total weight of the entire article or consignment.
Chai Yong Construction Co Pte Ltd v Chan Hock Seng [2003] SGHC 309
The decision in [2003] SGHC 309 represents a significant procedural and substantive exploration of the principles governing the assessment of damages in construction disputes within the Singapore jurisdiction. Following a liability phase where the plaintiff, Chai Yong Constructio
Kwok Seng Fatt Jeremy v Choy Chee Hau [2003] SGHC 308
The court assessed damages for a plaintiff who suffered paralysis and other injuries in a road accident, determining appropriate multipliers and addressing claims for future medical, nursing, and transport expenses.
Chip Thye Enterprises Pte Ltd (in liquidation) v Phay Gi Mo and Others [2003] SGHC 307
Directors owe fiduciary duties to the company, and when a company is insolvent, these duties extend to the interests of the creditors. Directors who misapply company funds or declare dividends while the company is insolvent are in breach of these duties.
Public Prosecutor v Teo Yeow Chuah [2003] SGHC 306
The court held that the accused failed to rebut the presumption of possession under s 18(1)(b) of the Misuse of Drugs Act, and the presumption of trafficking under s 17(c) applied.
Wee Soon Kim Anthony v UBS AG [2003] SGHC 305
The court held that the plaintiff failed to prove that the defendant's officers made misrepresentations that caused him loss, and that the plaintiff had been adequately advised on the risks of the DFF Strategy.
Public Prosecutor v Poh Kim Video Pte Ltd [2003] SGHC 304
The court held that for sentencing purposes under s 136(2) of the Copyright Act, a box set of a drama series can be considered a single 'article' rather than each individual VCD within the set, and that raising a failed defence is not an aggravating factor.
Lim Eng Guan Derek v Public Prosecutor [2003] SGHC 303
An appellate court will be slow to interfere with a trial judge's finding of fact based on witness credibility. A bare assertion of 'trying one's best' is insufficient to establish a 'reasonable excuse' for failing to provide a breath specimen under s 70 of the Road Traffic Act.
Chong Hon Kuan Ivan and Another v Levy Maurice and Others [2003] SGHC 302
A director who is not a shareholder may be joined as a party in an oppression action under s 216 of the Companies Act if they are alleged to be responsible for the oppressive conduct, even if no specific relief is sought against them.
Nop Wen Xuan Cultural Artifacts Pte Ltd v Leong Hwa Chan Si Temple and Another [2003] SGHC 300
The court held that there was no privity of contract between the plaintiffs and the defendants as the plaintiffs failed to prove notice of the assignment of the partnership's business to the incorporated entity, and that the firm (the partnership) was in breach of the agreement.
Tan Seow Cheng v Oversea-Chinese Banking Corp Ltd [2003] SGHC 30
The court held that a plaintiff must provide material particulars, such as the identity of the person who made the alleged remarks, in the Statement of Claim to enable the defendant to prepare for trial, and cannot rely on 'best of knowledge' as a substitute for such particulars.
Vadivel Ramesh and Another v Aegis Equipment Pte Ltd and Another [2003] SGHC 3
A workman who has filed a claim for compensation under the Workmen's Compensation Act cannot maintain a common law action for damages against his employer unless the compensation claim is first withdrawn.