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Pang Yong Hock and Another v PKS Contracts Services Pte Ltd [2003] SGHC 195
The court dismissed an application for leave to commence a derivative action under s 216A of the Companies Act, finding that winding up the company was a more appropriate and desirable remedy given the deadlock between shareholders.
Low Siew Hwa Kenneth v Public Prosecutor [2003] SGHC 193
An appellate court will not disturb a lower court's findings of fact unless they were clearly reached against the weight of evidence or were plainly wrong.
F v Chan Tanny [2003] SGHC 192
In professional negligence, there is no liability without proof of fault. The fact that a baby is born damaged is not in itself evidence of negligence.
Woo Anthony v Singapore Airlines Ltd (Civil Aeronautics Administration, Third Party) [2003] SGHC 190
A foreign entity claiming state immunity under the State Immunity Act must be recognised as a state by the Singapore government, and in the absence of such recognition (as evidenced by a certificate from the Ministry of Foreign Affairs), the court will not grant immunity.
Public Prosecutor v Tan Chui Yun Joselyn [2003] SGHC 19
The court held that the trial judge's assessment of witness credibility and findings of fact regarding the defence of spiking should not be disturbed on appeal, as the defence had successfully rebutted the statutory presumption on a balance of probabilities.
Creative Technology Ltd v Cosmos Trade-Nology Pte Ltd and Another [2003] SGHC 188
Innocence is not a valid defence to a claim for damages or injunctive relief in a civil action for trade mark infringement. A director who procures or induces a company's infringement can be held personally liable as a joint tortfeasor.
Asia Business Forum Pte Ltd v Long Ai Sin and Another [2003] SGHC 187
An employer's general business organisation and management methods are not trade secrets and cannot be protected post-employment unless they are of exceptional sensitivity.
Tan Puay Boon v Public Prosecutor [2003] SGHC 186
The court affirmed that an appellate court will be slow to overturn findings of fact and assessments of witnesses’ credibility by the trial judge unless plainly wrong. It also held that expert handwriting evidence is not required where the court can draw inferences as a layman.
Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Another Suit [2003] SGHC 185
The court held that an order for discovery of a specific class of documents should depend on the circumstances of each case, and in this instance, reserved the right to make the discovery application before the trial judge.
Viswanathan Ramachandran v Public Prosecutor [2003] SGHC 183
A charge of criminal breach of trust under s 405 of the Penal Code must specify the property entrusted; property and its proceeds are not the same thing under s 405.
Balasundaram s/o Suppiah v Public Prosecutor [2003] SGHC 182
An appellate court will generally defer to the findings of fact of a trial judge unless they are plainly wrong or against the weight of the evidence, and the court is entitled to accept parts of a witness's testimony while rejecting others.
Standard Chartered Bank v Elang Mas Enterprise Pte Ltd and Others [2003] SGHC 181
A bank is entitled to terminate uncommitted credit facilities at its sole discretion, especially where the borrower has breached conditions such as maintaining a minimum net worth or property value.
Gan Lai Hock v Singapore School Transport Association and Others [2003] SGHC 179
A declaratory judgment is a discretionary remedy, and inordinate delay in seeking such a declaration may deprive the claimant of the relief sought.
Re Seed Nigel John QC [2003] SGHC 177
The court held that the admission of a Queen's Counsel in a criminal case requires a 'special reason' under s 21(2) of the Legal Profession Act, and that the complexity of the case or the presence of ecclesiastical issues did not constitute such a reason where local counsel was c
Bernard Desker Gary and Others v Thwaites Racing Pte Ltd and Another [2003] SGHC 175
A trainer is not liable for negligent advice regarding a horse's suitability for racing if the advice was given in the capacity of a trainer and not a veterinarian, and the owner was advised to seek veterinary opinion.
Public Prosecutor v Mark Kalaivanan s/o Tamilarasan and Others [2003] SGHC 174
The court held that in sentencing multiple charges concerning the same incident, a global view of punishment is relevant and appropriate.
Lee Theng Wee v Tay Chor Teng [2003] SGHC 173
A defendant seeking to set aside a default judgment must act at the earliest opportunity, and the court will consider the defendant's conduct in addition to the prospect of success.
Chun Thong Ping v Soh Kok Hong and Another [2003] SGHC 172
A plaintiff cannot add a new cause of action between the hearing at first instance and the appeal therefrom and proceed on that new cause of action at the appeal.
Kamla Lal Hiranand (m.w.) v Lal Hiranand [2003] SGHC 171
A summons-in-chambers is an inappropriate procedure for seeking relief when the originating summons has already been fully heard and disposed of, especially where material facts are in dispute.
United Overseas Bank Ltd v Ishak bin Ismail [2003] SGHC 170
A creditor must take all reasonable steps to bring a statutory demand to a debtor's attention, and substituted service must be the most effective means of doing so.
Bluestar Exchange (Singapore) Pte Ltd v Teoh Keng Long and others (trading as Polykwan Trading Co) [2003] SGHC 169
The court held that the use of variants of a registered trade mark does not alter the distinctive character of the mark if the variations are immaterial, and that the specification of goods should be narrowed only to reflect the actual use made of the mark.
Ngee Ann Development Pte Ltd v Nova Leisure Pte Ltd [2003] SGHC 168
The court held that in the absence of an express provision in a Surrender Agreement, a landlord cannot recover rent for a rent-free period granted under a lease that was terminated by mutual consent.
Steel Industries Pte Ltd v Deenn Engineering Pte Ltd [2003] SGHC 167
An architect is entitled to withdraw a certificate if issued in error, but not simply because they disapprove of the beneficiary's use of it. Interim certificates issued years after completion are generally invalid.
D v Kong Sim Guan [2003] SGHC 165
A medical practitioner does not owe a duty of care to a third party (the father) when assessing a child for potential sexual abuse, as there is no relationship of proximity and it is not just and reasonable to impose such a duty. Furthermore, proceedings before the Singapore Medi