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UCO Bank v Golden View Maritime Pte Ltd [2003] SGHC 271
A Mareva injunction will not be granted where there is no objective evidence of a real risk of dissipation of assets, and the sale of a vessel by a one-ship company in the ordinary course of business does not constitute such evidence.
The "Dilmun Fulmar" [2003] SGHC 270
A settlement agreement discharges original claims unless it expressly provides for their revival upon breach. If the agreement is affirmed after a repudiatory breach, the original claim cannot be revived.
Tan Siew Eng @ Tan Siew Eng Irene (m.w.) v Ng Meng Hin [2003] SGHC 27
The court held that the wife had repudiated the Settlement Agreement, which the husband had accepted, and that the parties had not subsequently elected to proceed on the basis of the Settlement Agreement. However, the court exercised its discretion under s 112 of the Women's Char
Han Yung Ting v Public Prosecutor [2003] SGHC 268
The court held that previous inconsistent statements made to police are admissible as substantive evidence under s 147(3) of the Evidence Act, and that the trial judge was correct in preferring these statements over the witness's recanted testimony in court.
Karuppannrgounder Paramasivam t/a Sri Maharaja Industries v Kearns Pte Ltd [2003] SGHC 267
The court found that the alleged wash out contracts were not genuine transactions but were created for the plaintiff's own purposes, and therefore dismissed the plaintiff's claims.
Public Prosecutor v Lee Hong Hwee [2003] SGHC 266
The proviso in a motor insurance policy regarding 'permission to drive' refers to the driver's legal ability to drive, not the vehicle's licensing status.
Re G (guardianship of an infant) [2003] SGHC 265
Where parents have an acrimonious relationship, a joint custody order may be inappropriate, but it does not automatically follow that sole custody should be granted to one parent. If there is no immediate need to settle custody, the court may make no order as to custody, leaving
Tan Soo Giem v Yeo Ching Chua [2003] SGHC 264
A Subordinate Court has jurisdiction to extend the time to file for leave to appeal to itself under O 55D r 4(2) and r (3) of the Rules of Court.
LK Ang Construction Pte Ltd v Chubb Singapore Pte Ltd (judgment on costs) [2003] SGHC 263
An offer to settle does not automatically withdraw a previous offer unless expressly stated. The court must determine favourability of a judgment sum inclusive of costs against an offer inclusive of costs, which may require taxation.
Chua Chye Tiong v Public Prosecutor [2003] SGHC 261
A manager of a company can be held liable for strict liability offences under the Road Traffic Act and Motor Vehicles (Third-Party Risks and Compensation) Act if they have care and control of the vehicles and endorse a lax practice that leads to the commission of the offence.
Norsiah binte Samat v Neo Poh Guan and Another [2003] SGHC 260
The court held that the test for determining whether a reply to a requisition is satisfactory is an objective one, viewed from the perspective of a reasonably determined purchaser.
Cheung Kan Lam v Public Prosecutor [2003] SGHC 26
An appellate court will not overturn findings of fact unless they are against the weight of evidence, and a co-accused's confession can be relied upon for conviction without corroboration.
Lee Theng Yiow v Ismail bin Muhamad [2003] SGHC 259
The court assessed damages for the estate and dependants following a fatal accident, rejecting claims for loss of use of a car where insurance was received and adjusting dependency claims based on the deceased's likely return to work.
Re Yeh Ee Swan [2003] SGHC 257
An order appointing a Committee of the Person and Estate under the Mental Disorders and Treatment Act is generally worded and sufficient to authorise the Committee to manage and operate the subject's bank accounts without needing specific court orders for each transaction.
American Express Bank Ltd v Abdul Manaff bin Ahmad and Another and Other Appeals [2003] SGHC 256
Section 13(c) of the Supreme Court of Judicature Act (Cap 322) exempts the wages and salary of a judgment debtor from garnishment.
Excel Golf Pte Ltd v Allied Domecq Spirits & Wine (Singapore) Ltd [2003] SGHC 255
The court has no power in a breach of contract case to order a defendant to publish a public apology.
The Melati [2003] SGHC 254
The court held that the failure to serve a Statement of Claim on time and without leave is an irregularity under Order 2 r 1, which does not nullify the proceedings, and that the court has the power to extend time for service.
Velstra Pte Ltd (in liquidation) v Dexia Bank Belgium [2003] SGHC 253
The court has discretion to stay civil proceedings where there are concurrent criminal proceedings, but the burden is on the applicant to show a real danger of prejudice.
B Subramaniam a/l Banget Raman v Public Prosecutor [2003] SGHC 252
The definition of 'harbouring' under the Immigration Act includes the act of giving a ride or lift to an immigration checkpoint to an immigration offender, even if the assistance is subtle.
MCI Worldcom Asia Pte Ltd v Chembell Technology Sdn Bhd [2003] SGHC 251
The court held that the defence of illegality failed as the defendant did not prove that the services provided by the plaintiff were in contravention of Malaysian telecommunications law.
Pan-West (Pte) Ltd v Grand Bigwin Pte Ltd [2003] SGHC 250
The court held that the defendants' sale of golf clubs bearing the 'KATANA' mark infringed the plaintiffs' registered trade mark in Singapore, as the defendants lacked the plaintiffs' consent. The court also found the defendants liable for passing off.
Public Prosecutor v Teng Boon Leng [2003] SGHC 25
The court held that an inference must account for all known facts and be the only reasonable inference to be drawn to be valid in criminal proceedings.
Poh Sai v Public Prosecutor [2003] SGHC 249
The court held that the appellant's conduct was consistent with that of a shoplifter, despite the lack of concealment, given the evidence of her suspicious behaviour and the crowd conditions.
Public Prosecutor v Oh Hu Sung [2003] SGHC 248
A judge is generally functus officio after sentence is pronounced, and s 217(2) of the Criminal Procedure Code is an exception that must be strictly construed, requiring an obvious mistake or one admitted by all parties to be rectified before the court rises for the day.