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Sun Fook Kong Construction Ltd (formerly known as Sung Foo Kee, Ltd) v Housing and Development Board [2004] SGHC 69

A party who has novated its contract to a third party and is no longer a party to the contract or the associated security bond has no locus standi to challenge a call on the bond.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohd Arsad Bin Hassan [2004] SGHC 67

The court held that the accused was guilty of trafficking in diamorphine exceeding 15g, thereby mandating the death penalty.

Sushant Shukla· ·12 min read
Singapore

Chai Choon Yong v Central Provident Fund Board and Others [2004] SGHC 65

A CPF nomination is a unilateral instrument that takes effect upon the member's death, and CPF moneys are separate from the member's estate and cannot be disposed of by will.

Sushant Shukla· ·15 min read
Singapore

Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat [2004] SGHC 64

A foreign judgment obtained by a casino for a genuine loan made to a patron for gambling is enforceable in Singapore, as it does not violate public policy.

Sushant Shukla· ·15 min read
Singapore

Mohamed Bassatne and Others v Rifaat El Gohary and Others [2004] SGHC 63

The court held that the MOU was a binding contract despite being labelled a memorandum of understanding, as the parties' intention was clear and they had acted upon it.

Sushant Shukla· ·15 min read
Singapore

Kaki Bukit Industrial Park Pte Ltd v Ng Man Heng and Others [2004] SGHC 60

A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant proves that there is another available forum that is clearly more appropriate for the trial of the action.

Sushant Shukla· ·14 min read
Singapore

Engelin Teh Practice LLC v Wee Soon Kim Anthony [2004] SGHC 6

A law corporation cannot enforce a costs agreement entered into by a predecessor partnership where the law corporation was not a party to the agreement and there was no valid assignment or novation.

Sushant Shukla· ·12 min read
Singapore

Kwok Wai Leng v Chan Sooi Hong [2004] SGHC 58

The court affirmed the district judge's decision on maintenance and division of matrimonial assets, noting that the court should adopt a broad-brush approach to determine a just and equitable division.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohd Raffiq Bin Mohd Aslam [2004] SGHC 57

A retracted confession can be relied upon to convict an accused if the court is satisfied that the confession is true, without the need for corroborative evidence.

Sushant Shukla· ·13 min read
Singapore

Thia Tong Mui Phyllis v Yam Chor Hua [2004] SGHC 56

An award for loss of earning capacity is made when there is a risk that the plaintiff may lose their employment and be at a disadvantage in the open market. The court found no such risk in this case.

Sushant Shukla· ·13 min read
Singapore

Ang Leng Hock v Leo Ee Ah [2004] SGHC 55

The principles in Ladd v Marshall apply to Registrar's Appeals in the High Court, meaning fresh evidence is not automatically admissible.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Nguyen Tuong Van [2004] SGHC 54

The court held that the mandatory death penalty under the Misuse of Drugs Act is constitutional and does not violate the equal protection clause under Article 12 of the Constitution.

Sushant Shukla· ·13 min read
Singapore

Polar Arts of Asia Pte Ltd v Hotline KTV Karaoke Lounge Pte Ltd and Another [2004] SGHC 53

In assessing damages for damaged goods, the court should award the sum that puts the plaintiff in the position they would have been in had the tort not been committed, based on the reduction in market value.

Sushant Shukla· ·13 min read
Singapore

Annis bin Abdullah v Public Prosecutor [2004] SGHC 52

The High Court has revisionary powers to amend both the charge and the statement of facts in criminal proceedings, provided that such amendments do not cause prejudice to the accused. The age of the victim is a critical factor in sentencing for offences under s 377 of the Penal C

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Sarjit Singh s/o Mehar Singh [2004] SGHC 51

An advocate and solicitor convicted of criminal breach of trust in their professional capacity will be struck off the roll as a matter of course, with mitigating factors carrying negligible weight.

Sushant Shukla· ·15 min read
Singapore

Wang Wang Pawnshop Pte Ltd and Others v K J Tiffany and Others [2004] SGHC 50

A judge in a disposal inquiry is not limited to restoring items to the last person in lawful possession but is duty-bound to examine the issue of ownership under the relevant statutes.

Sushant Shukla· ·13 min read
Singapore

Re Econ Corp Ltd (in provisional liquidation) (No 2) [2004] SGHC 49

Insolvency practitioners must justify their remuneration by providing detailed, contemporaneous records of work done, and the court will assess this based on fairness, reasonableness, and value contributed, rather than mere time-costing.

Sushant Shukla· ·11 min read
Singapore

Kuan Cheng Poh v Public Prosecutor [2004] SGHC 48

An appellate court will be slow to disturb a lower court's findings of fact unless they are plainly wrong or against the weight of the evidence.

Sushant Shukla· ·13 min read
Singapore

Wee Poh Hueh Florence v Performance Motors Ltd [2004] SGHC 47

The date for assessment of damages for breach of warranty of quality in a sale of goods contract is prima facie the date of delivery, though this may be displaced if the defect is latent and discovered later.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Katun Bee Bte S Ibrahim [2004] SGHC 46

The court convicted the accused of culpable homicide not amounting to murder under s 304(b) of the Penal Code, rejecting the defence of self-defence.

Sushant Shukla· ·13 min read
Singapore

Ting Heng Mee v Sin Sheng Fresh Fruit Pte Ltd [2004] SGHC 43

The court assessed damages for various personal injuries sustained by the plaintiff in a traffic accident, applying precedents to determine appropriate compensation for pain, suffering, and loss of earnings.

Sushant Shukla· ·13 min read
Singapore

Loo See Mei v Public Prosecutor [2004] SGHC 42

The court held that corroboration of a witness's evidence is not required unless the witness falls into specific categories (child, victim of sexual offence, or accomplice), and the prosecution has discretion in calling witnesses.

Sushant Shukla· ·12 min read
Singapore

Mopi Pte Ltd v Central Mercantile Corp (S) Ltd [2004] SGHC 41

The court will not release or modify the implied undertaking given on discovery save in special circumstances and where the release or modification will not occasion injustice to the person giving discovery.

Sushant Shukla· ·14 min read
Singapore

Abdul Munaf Bin Mohd Ismail (but charged as Kathar Abdul Gafoor) v Public Prosecutor [2004] SGHC 4

The court set aside a conviction and sentence where the petitioner provided strong evidence (passports and citizenship certificate) that he was not the person he was charged as, and that he was not an Indian national as alleged in the charge.

Sushant Shukla· ·15 min read