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Group Exklusiv Pte Ltd v Diethelm Singapore Pte Ltd [2003] SGHC 247
A purchaser is entitled to rescind a contract for the sale of land subject to planning approval if the relevant authority has provided a clear and conclusive rejection of the application, and the purchaser has taken all reasonable steps to obtain such approval.
United Overseas Bank Limited v Victor F A Fernandez [2003] SGHC 246
The court held that s 65(3) of the Bankruptcy Act refers to contingent liabilities, not contingent assets, and that a debtor cannot rebut the presumption of inability to pay debts under s 62 of the Act by mere assertions of future assets.
Sum Lye Heng (also known as Lim Jessie) v Management Corporation Strata Title Plan No 2285 and Others [2003] SGHC 245
The High Court has inherent jurisdiction to grant a permanent stay of criminal proceedings (including private summonses) if they are an abuse of process, such as when they are initiated for an improper collateral purpose or lack any proper foundation.
Pacific Rim Palm Oil Ltd v PT Asiatic Persada and Others [2003] SGHC 243
A Quistclose trust arises when money is advanced for a specific purpose that fails, and the lender retains an equitable interest in the funds.
Tech Pacific (S) Pte Ltd v Pritam Kaur d/o Joginder Singh formerly trading as Eshar Security Services and Another [2003] SGHC 242
A landlord is not liable for theft of a tenant's goods in the absence of an express contractual term, and a security guard's failure to prevent theft is not a culpable omission unless there is proof of a specific negligent act.
Oakwell Engineering Ltd v Energy Power Systems Ltd [2003] SGHC 241
Where a party is under an express obligation to pay money on a certain event, they cannot by their own act prevent the occurrence of that event to avoid the obligation.
Ang Leng Hock v Leo Ee An [2003] SGHC 240
The court assessed damages for a plaintiff involved in a road traffic accident, determining pre-trial loss of earnings based on under-declared income and awarding general damages for pain and suffering based on medical evidence.
Koh Ewe Chee v Koh Hua Leong and Another [2003] SGHC 24
In the absence of an express agreement, the presumption of equality among partners under section 24 of the Partnership Act applies.
Computer Interface Singapore Ltd v Compaq Computer Asia Pte Ltd [2003] SGHC 239
The court held that a binding contract existed between the parties based on the Letter of Award and the subsequent conduct of the parties, despite the phrase 'subject to final terms and conditions being agreed'.
Khua Kian Keong and Another v Public Prosecutor [2003] SGHC 238
An appellate court may interfere with a trial judge's findings of fact if the inferences drawn are not supported by the primary facts on the record, especially when the trial judge's assessment is based on inferences rather than witness demeanour.
Public Prosecutor v Hardave Singh s/o Gurcharan Singh [2003] SGHC 237
The High Court exercised its revisionary jurisdiction to set aside a conviction and sentence resulting from an incorrect charge. Finding a failure of justice, the court amended the charge and imposed a fresh sentence to rectify the error.
Chow Hoo Siong v Lee Dawn Audrey [2003] SGHC 235
Gifts or inheritances acquired before marriage are only matrimonial assets if substantially improved during the marriage by the other party or both parties.
Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd [2003] SGHC 234
The defendant's act of serving a 48-hour notice on the plaintiff in respect of its Counterclaim constituted a step in the proceedings, thereby nullifying its right to apply for a stay under s 6(1) of the Arbitration Act.
Beng Tiong Trading, Import and Export (1988) Pte Ltd v Maria Janda Achmad Bin Abdullah Wachdin Basharahil alias Maria and Others [2003] SGHC 232
The court has an unfettered discretionary power to set aside a default judgment, balancing the strength of the putative defence against the excusability of the defendant's conduct.
Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd [2003] SGHC 231
The court held that reinstatement of an action under O 21 r 2(8) of the Rules of Court should be the exception rather than the rule, and that the plaintiff must show that they are innocent of significant failure to conduct the case with expedition, that the failure is excusable,
Public Prosecutor v Yong Siew Khian [2003] SGHC 230
The appellate court will not interfere with a magistrate's findings of fact if the magistrate's choice between conflicting versions of events is plausible and cannot be shown to be wrong.
Encyclocom Education Pty Ltd v Horizoneducom Pte Ltd [2003] SGHC 23
The court held that the plaintiff failed to establish that the defendant was in material breach of the distribution agreement, and that the plaintiff's purported termination of the agreement was invalid.
De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others [2003] SGHC 229
A director can be personally liable for a tort committed by the company if they directed or procured the commission of the tort, and the importer/distributor of a product owes a duty of care to consumers to ensure product safety.
Public Prosecutor v Tan Chee Wee [2003] SGHC 227
The court found the accused guilty of murder under s 300(a) and (c) of the Penal Code, rejecting his claims of self-defence and sudden fight.
Goh Han Heng v Public Prosecutor [2003] SGHC 226
An appellate court will generally defer to the trial judge's findings of fact unless convinced that the decision is plainly wrong, and corroboration by a previous complaint under s 159 of the Evidence Act is not equivalent to independent corroboration.
Tan Liang Chong v Chou Lai Tiang [2003] SGHC 225
The court held that where a partner fails to keep proper accounts and refuses to produce them, the court is entitled to make adverse inferences and estimate profits based on available evidence.
Kanafatty s/o Krishnan v Chan Chee Loong Peter [2003] SGHC 223
The court apportioned liability for a traffic accident at 75% to the defendant and 25% to the plaintiff, finding that while the defendant's reversing was the primary cause, the plaintiff's inattention contributed to the collision.
Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others [2003] SGHC 222
A stay of execution pending appeal will be granted where there are special circumstances, such as a real risk that a successful appeal would be rendered nugatory if the judgment creditor is unable to return the monies paid.
Public Prosecutor v Kalathithara Subran Hilan and Others [2003] SGHC 221
The court held that the accused was guilty of abetting rape under s 376(1) read with s 109 of the Penal Code, as he actively participated in the prostitution activities and facilitated the rape.