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Singapore

Sulochana d/o Tambiah Dirumala Sakkrawarthi v Rajalakshmi Ramoo [2003] SGHC 299

An appellate court will be slow to overturn a trial judge's findings of fact where they hinge on the assessment of witness credibility, unless the decision is manifestly wrong or against the weight of evidence.

Sushant Shukla· ·12 min read
Singapore

ECRC Land Pte Ltd v Ho Wing On Christopher and Others [2003] SGHC 298

The court held that directors' commercial decisions should not be interfered with if made in the honest and reasonable belief that they were for the best interests of the company, and that the plaintiff failed to prove unfair preference or other claims.

Sushant Shukla· ·13 min read
Singapore

G v R (No 2) [2003] SGHC 297

The court affirmed the district judge's division of matrimonial assets and maintenance award, noting that the division was equitable and that the petitioner failed to show the judge was plainly wrong.

Sushant Shukla· ·14 min read
Singapore

Tan Sue-Ann Melissa (m.w.) v Lim Siang Bok Dennis [2003] SGHC 295

A change in material circumstances within the meaning of section 118 of the Women's Charter can be established when the earning capacity assumptions made by a party at the time of a consent order prove to be unattainable despite reasonable exertions.

Sushant Shukla· ·13 min read
Singapore

V Retnasooria v Public Prosecutor [2003] SGHC 294

A conviction based on circumstantial evidence is valid where the evidence leads the judge inevitably and inexorably to one conclusion only.

Sushant Shukla· ·12 min read
Singapore

Lim Guan Cheng v JSD Construction Pte Ltd and Another [2003] SGHC 293

The court held that quotations from contractors obtained by an expert witness for the purpose of estimating rectification costs are not hearsay evidence when admitted to show the reasonableness of the expert's opinion.

Sushant Shukla· ·12 min read
Singapore

Jurong Engineering Ltd v Black & Veatch Singapore Pte Ltd [2003] SGHC 292

Where parties agree to adopt the rules of an arbitral institution without specifying a particular set of rules, the applicable rules are those current at the time of submission to arbitration.

Sushant Shukla· ·13 min read
Singapore

Grossner Jens v Raffles Holdings Ltd [2003] SGHC 290

A brokerage contract is not concluded if material terms such as the scope of services and remuneration are not agreed upon. Furthermore, a broker is not entitled to commission if they did not succeed in effecting the sale.

Sushant Shukla· ·12 min read
Singapore

Asia Hotel Investments Ltd v Starwood Asia Pacific Managment Pte Ltd and Another [2003] SGHC 289

A plaintiff claiming damages for loss of a chance must establish that they had a real and measurable chance, not merely a speculative one, and that the loss was caused by the defendant's breach.

Sushant Shukla· ·12 min read
Singapore

Re Lasry Lex QC [2003] SGHC 287

An application for ad hoc admission of a foreign counsel is res judicata if the grounds for the application could and should have been raised in a previous application for the same purpose.

Sushant Shukla· ·13 min read
Singapore

Afro-Asia Shipping Company (Pte) Ltd v Da Zhong Investment Pte Ltd and Others [2003] SGHC 286

The judgment in Afro-Asia Shipping Company (Pte) Ltd v Da Zhong Investment Pte Ltd and Others [2003] SGHC 286 represents a seminal exploration of the non-delegable duty of support owed by landowners to their neighbours within the context of Singapore’s dense urban environment. Th

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Ismail Bin Abdul Rahman [2003] SGHC 285

The court held that the accused's claim of accidental shooting was incredible given his experience as a marksman and the evidence of his calculated actions to remove incriminating evidence.

Sushant Shukla· ·14 min read
Singapore

Lim Kah Ho Maurice v Beenleigh Construction And Project Management Pte Ltd [2003] SGHC 283

The High Court has no jurisdiction to hear an application for a stay of proceedings under section 6(1) of the Arbitration Act where the proceedings were instituted in a Subordinate Court; the application must be made to the court where the proceedings were instituted.

Sushant Shukla· ·12 min read
Singapore

Mohammed Aziz Bin Ibrahim and Another v Pertubohan Kebangsaan Melayu Singapura [2003] SGHC 282

The court held that the rules of natural justice were breached in the expulsion of the plaintiffs from the defendant organisation, and that the plaintiffs were not contractually bound to exhaust internal remedies before seeking judicial relief.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v ABC [2003] SGHC 281

The court held that repeat offenders who commit violent crimes while in positions of trust, such as security guards, warrant deterrent sentences, and consecutive sentences are required under s 18 of the Criminal Procedure Code for multiple distinct offences.

Sushant Shukla· ·12 min read
Singapore

Ho Yean Theng Jill v Public Prosecutor [2003] SGHC 280

The court held that public interest in protecting foreign domestic maids warrants a departure from the general principle of leaning in favour of compounding offences, even where the perpetrator is a de facto rather than de jure employer.

Sushant Shukla· ·13 min read
Singapore

Hua Sheng Tao v Welltech Construction Pte Ltd and Another and Another Application [2003] SGHC 28

The 'amount in dispute' for the purpose of s 21(1) of the Supreme Court of Judicature Act refers to the amount claimed by the plaintiff at first instance, not the judgment sum awarded by the trial judge.

Sushant Shukla· ·12 min read
Singapore

Ong Bin Wah v Quek Teng Pong and Another [2003] SGHC 279

The court assessed damages for personal injuries sustained in a motor vehicle accident, including general damages for pain and suffering, pre-trial loss of earnings, and loss of earning capacity.

Sushant Shukla· ·12 min read
Singapore

Tan Yong Heng Jeffrey v Tay Kiah Por [2003] SGHC 278

The decision in Tan Yong Heng Jeffrey v Tay Kiah Por [2003] SGHC 278 provides a rigorous examination of the principles governing the assessment of damages in personal injury litigation, specifically within the context of specialized vocational roles. The dispute arose from a moto

Sushant Shukla· ·13 min read
Singapore

Mah Chee Kok v Cheng Chee Kim [2003] SGHC 277

The court held that a multiplier-multiplicand approach is not appropriate for calculating loss of earning capacity when there is insufficient evidence of the plaintiff's future earnings.

Sushant Shukla· ·13 min read
Singapore

Wishing Star Ltd v Jurong Town Corp [2003] SGHC 276

A company's residency for the purpose of security for costs is determined by the 'central management and control' test, and the mere presence of a registered branch in the jurisdiction is insufficient to establish residency.

Sushant Shukla· ·12 min read
Singapore

Shan Kai Weng v Public Prosecutor [2003] SGHC 274

Ignorance or mistake as to the qualities of a drug is not a defence to a charge of possession under the Misuse of Drugs Act, but may be a mitigating factor.

Sushant Shukla· ·13 min read
Singapore

Saravanan s/o Ganesan v Public Prosecutor [2003] SGHC 273

An appellate court will not disturb a trial judge's findings of fact unless they are plainly wrong or against the weight of evidence, especially where credibility is involved.

Sushant Shukla· ·11 min read
Singapore

Supermix Concrete Pte Ltd v Econ Corp Ltd (Public Utilities Board, garnishees) [2003] SGHC 272

The court held that a garnishee order absolute should be set aside where there was material non-disclosure of the judgment debtor's insolvency and pending scheme of arrangement application. Attachment of a debt is only complete upon receipt of the funds.

Sushant Shukla· ·14 min read