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Wong Ah Chen and Another v Wong Yack Yoon and Another [2004] SGHC 235
The Applicants, as owners of a one-half undivided share in the land, have an equal right to use the common property, including the vacant land, and this right is not limited to foot traffic.
Econ Corp Ltd v So Say Cheong Pte Ltd [2004] SGHC 234
A party seeking to rely on an alleged oral agreement or collateral contract bears the burden of proof to establish that the parties intended to create a legally binding contract, and the court will objectively assess the evidence, including background circumstances and subsequent
Md Anverdeen Basheer Ahmed and Others v Public Prosecutor [2004] SGHC 233
The court held that an appellate court will not disturb findings of fact unless they are plainly wrong or clearly reached against the weight of evidence, and that under s 149 of the Penal Code, it is sufficient to show that one or more members of an unlawful assembly was armed wi
Trustee of the Estate of Ong Thiam Huat v Chan Hock Seng [2004] SGHC 232
A plaintiff in a negligence claim against a liquidator must prove that they suffered actual loss. Where the plaintiff's own evidence contradicts the existence of the debt allegedly lost, the claim fails.
Stuttgart Auto Pte Ltd v Ng Shwu Yong [2004] SGHC 231
A contract for repair is not formed where the owner does not provide the required authorisation and the parties fail to agree on the terms of the repair.
Velstra Pte Ltd (in liquidation) v Dexia Bank NV (formerly known as Artesia Banking Corp NV) [2004] SGHC 23
A simple payment without more can be a 'transaction' under s 98 of the Bankruptcy Act, but it requires an element of intention on the part of the parties to transact with each other.
Mohamed Ismail bin Ibrahim and Another v Mohammad Taha bin Ibrahim (No 2) [2004] SGHC 228
An executor who is also an interested party in litigation concerning the estate may be denied indemnity for costs from the estate if the court finds the conduct of the litigation was not honestly brought forward or was for personal benefit.
Public Prosecutor v Chew Seow Leng [2004] SGHC 227
The court held that the presumption of trafficking under s 17(c) of the Misuse of Drugs Act was not rebutted, and that the mandatory death penalty for drug trafficking does not violate the constitutional right to equal protection.
Bakery Mart Pte Ltd v Ng Wei Teck Michael and Others [2004] SGHC 226
The court will not set aside a consent judgment except on grounds of fraud or where there has been a slip in drawing up the order or an error in expressing the manifest intention of the court.
Sintal Enterprise Pte Ltd v Multiplex Constructions Pty Ltd [2004] SGHC 223
A claim that is indisputable cannot form the subject of a 'dispute' within the meaning of an arbitration clause, and thus cannot be referred to arbitration.
Banque Cantonale Vaudoise v RBG Resources plc and Another [2004] SGHC 222
A discovery application made after summary judgment has been granted is premature and should not be made to an assistant registrar if its purpose is to set aside the summary judgment; such an application should be made as a preliminary step in the appeal against summary judgment.
Empire International Holdings Ltd v Mok Kwong Yue and Another [2004] SGHC 221
A continuing guarantee covering past and future facilities is supported by valid consideration, and a guarantor's right to set-off can be validly excluded by the terms of the guarantee.
Lee Tat Development Pte Ltd v Management Corporation of Grange Heights Strata Title No 301 (No 2) [2004] SGHC 220
The court held that the plaintiff was estopped by issue estoppel from raising the issue of whether the right of way extended to the amalgamated lot 687, as this issue had been decided in previous litigation.
Lo Lee Len v Grand Interior Renovation Works Pte Ltd and Others [2004] SGHC 22
Gratuitous collateral benefits (such as insurance payments or taxi allowances) that are not insurance payments do not necessarily offend the rule against double recovery if the plaintiff is under a legal obligation to account for them to the third party.
Mizuho Corporate Bank Limited v Woori Bank [2004] SGHC 219
The court held that the '51 days clause' in the letters of credit was not a condition precedent to the issuing bank's obligation to pay, but rather a moratorium on negotiation. Breach of this clause did not entitle the issuing bank to refuse payment, but could potentially give ri
Ho Yiu v Lim Peng Seng [2004] SGHC 218
The court varied the assessment of damages for loss of earnings and future medical expenses, adjusting the multiplier for future earnings to 15 years and re-evaluating the multiplicands based on the plaintiff's specific role and economic conditions.
Chong Hon Kuan Ivan v Levy Maurice and Others (No 2) [2004] SGHC 217
A director is not liable in tort for inducing a breach of contract by their company if they act bona fide and within the scope of their authority.
CZ v DA and Another [2004] SGHC 216
The court dismissed a grandmother's application for access to her grandchild, ruling that grandparents do not have an inherent right to such orders. Access is only granted in very special circumstances, emphasizing the priority of parental rights in child custody matters.
Tang Yoke Kheng (trading as Niklex Supply Co) v Lek Benedict and Others (No 2) [2004] SGHC 215
The court held that the mere preference of one creditor over another does not constitute fraudulent trading under s 340(1) of the Companies Act, as it requires actual dishonesty and moral blame.
Lie Hendri Rusli v Wong Tan and Molly Lim (a firm) [2004] SGHC 213
A solicitor is not required to investigate a client's commercial wisdom or financial position unless specifically instructed, and the absence of contemporaneous attendance notes does not automatically render a solicitor's testimony unreliable if the court finds the solicitor cred
Public Prosecutor v Sundarti Supriyanto [2004] SGHC 212
The court held that the accused was guilty of culpable homicide not amounting to murder under s 304(a) of the Penal Code, as the defence of grave and sudden provocation was made out.
Lee Kwan Kok and Another v Wong Chan Tong [2004] SGHC 211
The court assessed damages for a fatal accident claim, determining the appropriate multiplier and multiplicand for dependency and rejecting claims for special damages that were not proven.
Zhang Xiao Ling (personal representative of the Estate of Chan Tak Man, deceased) v Er Swee Poo and Another [2004] SGHC 21
The court assessed damages for loss of dependency by calculating the deceased's average monthly earnings from two jobs, applying a 25% deduction for personal expenses, and apportioning the remaining income between the widow and four children.
Chua Tian Bok Timothy v Public Prosecutor [2004] SGHC 208
The court held that a magistrate correctly exercised his discretion to withhold consent to the composition of a road rage offence under s 323 of the Penal Code, as the strong public interest in deterring road rage incidents overrides the victim's consent to compound.