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Ng So Kuen Connie v Public Prosecutor [2003] SGHC 164
A trial judge is entitled to reject expert psychiatric evidence on the issue of mens rea if the conclusion can be supported by the facts and circumstances of the case, as the determination of mens rea is a finding of fact within the province of the court.
Lim Mong Hong v Public Prosecutor [2003] SGHC 161
An appellate court will generally defer to a trial judge's findings of fact based on witness credibility unless it is convinced the decision is plainly wrong.
United Engineers (Singapore) Pte Ltd v Northern Elevator Manufacturing Sdn Bhd [2003] SGHC 158
The court may remit an arbitration award to the arbitrator for reconsideration if the arbitrator has erred in law in the assessment of damages, particularly where the assessment is inconsistent with the arbitrator's own findings of liability.
Tuen Huan Rui Mary v Public Prosecutor [2003] SGHC 157
An appellate court will generally defer to a district judge's findings of fact unless they are plainly wrong, and bad behaviour in court by an accused can be considered an aggravating factor in sentencing.
Kiyue Company Limited v Aquagen International Pte Ltd [2003] SGHC 156
The term 'action' in s 216A(2) of the Companies Act does not include arbitration proceedings.
Victor Adam Ibrahim v Tan Kim Seng trading as Hock Huat Engineering [2003] SGHC 155
The court held that O 21 r 2(6) of the Rules of Court, which provides for automatic discontinuance of an action if no step is taken for one year, does not apply to proceedings after an interlocutory judgment has been obtained.
Hengwell Development Pte Ltd v Thing Chiang Ching [2003] SGHC 154
An originating summons is an originating process that is exhausted once fully heard and finally disposed of; therefore, fresh applications of a substantial nature must be made by way of a new originating summons rather than a summons-in-chambers.
Public Prosecutor v Soosainathan s/o Dass Saminathan [2003] SGHC 153
The court held that the accused was guilty of murder based on circumstantial evidence, including DNA evidence and the presence of drugs in the victim's system.
P.T. Bumi International Tankers (formerly known as P.T. Bumi Indonesia Tankers) v Man B&W Diesel S.E. Asia Pte Ltd (formerly known as Mirrlees Blackstone (S.E. Asia) Pte Ltd) and Another [2003] SGHC 152
A manufacturer of a custom-built engine owes a duty of care in tort to the shipowner for pure economic loss arising from defective design, even in the absence of a direct contract, where there is sufficient proximity based on the manufacturer's knowledge of the owner's requiremen
Lim Eng Beng @ Lim Jia Le v Siow Soon Kim and Others (No 2) [2003] SGHC 151
A stay of execution pending appeal will not be granted unless the applicant can show special circumstances, such as the risk of ruin and a reasonable prospect of success on appeal.
Choy Kok Meng v Public Prosecutor [2003] SGHC 150
An appellate court should be slow to disturb a lower court’s findings of fact, especially where it hinges on the trial judge’s assessment of the credibility and veracity of the witness.
Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) v Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine) [2003] SGHC 15
An employee owes a fiduciary duty to their employer to act faithfully, and soliciting customers for a competing business while still employed constitutes a breach of that duty for which the employee is liable in damages.
Swee Lay Ching v Public Prosecutor [2003] SGHC 149
An appellate court should not upset findings of fact based on witness credibility unless they were plainly against the weight of evidence. Presence and control are not essential for liability under s 57(1)(e) of the Immigration Act.
Gladioli Investments Pte Ltd v Montien International Limited and Another [2003] SGHC 148
Extraneous documents such as memoranda of understanding cannot be used to interpret a complete and conclusive written contract.
Public Prosecutor v Huang Hong Si [2003] SGHC 147
The court clarifies that 'aggravating factors' refer to the gravity of the crime in relation to the specific offence charged, and should not be confused with 'aggravated offences'.
Lim Eng Beng alias Lim Jia Le v Siow Soon Kim and Others [2003] SGHC 146
A defendant's election not to adduce evidence in their defence leaves the court with only the plaintiff's version of the story, which, if prima facie evidence supports the essential limbs of the claim, is fatal to the defendant.
Soh Lai Chan (mw) and Another v Kuah Peng Hock and Another [2003] SGHC 144
The court dismissed the claim, finding that the transfer of shares was a legitimate family asset distribution exercise. It ruled there was no intent to defraud creditors or deprive the plaintiff of her interest in matrimonial assets.
Ong Jane Rebecca v Lim Lie Hoa (also known as Lim Le Hoa and Lily Arief Husni) and Others [2003] SGHC 143
The court held that costs of an inquiry should follow the event unless there are special reasons to deprive the successful party of costs, and that unnecessary or unreasonable protraction of proceedings by a successful party may justify a reduction in costs under Order 59 rule 6A
Evergreen International SA v Volkswagen Group Singapore Pte Ltd and Others [2003] SGHC 142
An anti-suit injunction may be granted to restrain foreign proceedings where Singapore is the natural forum and the foreign proceedings are vexatious or oppressive, particularly where they undermine a limitation decree and fund properly constituted in Singapore.
Newtech Engineering Construction Pte Ltd v BKB Engineering Constructions Pte Ltd and Others [2003] SGHC 141
The court held that a strong prima facie case of unconscionability is required to restrain a call on a performance bond, and that such a case was established here due to the arbitrary nature of the First Defendants' final accounts.
Law Society of Singapore v Quan Chee Seng Michael [2003] SGHC 140
A solicitor who acts dishonestly or falls below the required standards of integrity, probity and trustworthiness, such that they lack the qualities of character necessary for a legal practitioner, will be struck off the roll.
UCO Bank v Golden Shore Transportation Pte Ltd [2003] SGHC 137
Clause 17 of the bill of lading, which required claims to be determined at the port of delivery, was an exclusive jurisdiction clause, but the court refused to grant a stay of proceedings because the plaintiff showed strong cause.
Choong Peng Kong v Koh Hong Son [2003] SGHC 136
The court held that there was ample evidence to support the Assistant Registrar's assessment of damages, including loss of future earnings and loss of earning capacity, and that the claimant's promotional prospects were blighted by his injuries.
Adventure Training Systems (Asia-Pacific) Pte Ltd v Signature Lifestyle Pte Ltd (Adventure Training Systems Pty Ltd, Third Party) [2003] SGHC 135
The court held that the Contractors were entitled to the balance price for work done as the items were delivered in good condition and rust complaints were not sustainable as they were due to environmental factors and could be managed by maintenance.