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Joshua Steven v Joshua Deborah Steven and Others (No 2) [2004] SGHC 184
An amendment to pleadings at the end of a trial will not be allowed if it introduces a distinct defence that would require further cross-examination and prejudice the other party, especially when the litigation could have been conducted efficiently from the start.
Tan and Au Partnership v Management Corporation Strata Title Plan No 2625 [2004] SGHC 183
The Management Corporation is legally obliged under s 126(9) of the Land Titles (Strata) Act to pay legal fees directly to the solicitors engaged for the privatisation exercise, even in the absence of a direct contract between the Management Corporation and the solicitors.
Wong Ser Wan v Ng Bok Eng Holdings Pte Ltd and Another [2004] SGHC 181
A conveyance of property made with the intent to defraud creditors is voidable under s 73B of the Conveyancing and Law of Property Act.
Re Gnaguru s/o Thamboo Mylvaganam [2004] SGHC 180
The court held that an applicant for reinstatement to the roll of advocates and solicitors must provide substantive evidence of rehabilitation and reformed character, as the burden of proof lies on the applicant to show they are fit to be re-admitted.
Mustaza Bin Abdul Majid v Public Prosecutor [2004] SGHC 18
Theft under s 380 of the Penal Code is committed when a person dishonestly takes movable property from a place used for the custody of property without the owner's consent. The ability to pay does not negate dishonest intent.
Marubeni International Petroleum (S) Pte Ltd v Projector SA [2004] SGHC 179
The court discharged an interim mandatory injunction because the underlying necessity for the injunction had disappeared as security had been deposited, while reserving the determination of damages and costs to the trial judge.
Cheok Soon Huat v Tan Yee Hiang [2004] SGHC 177
The court held that it has the authority to reverse the priority between the CPF Board and a bank in the division of matrimonial assets, and that such an order is valid even if one party refuses to consent, provided the CPF Board itself has no objection.
Merriwa Nominees Pty Ltd v Romar Positioning Equipment Pte Ltd [2004] SGHC 176
The court held that the Defendants, as trustees, failed to justify certain deductions in their account to the Plaintiffs, specifically regarding withholding tax and unsupported expenses, and ordered the account to be adjusted accordingly.
Lau Khee Leong v Public Prosecutor [2004] SGHC 175
An appellate court will not overturn a trial judge’s findings of fact unless they are plainly wrong or reached against the weight of the evidence, especially where findings depend on witness credibility.
Royal Global Exports Pte Ltd and Others v Good Stream Co Ltd and Another [2004] SGHC 174
A Mareva injunction should not be used to prevent a defendant from using assets to satisfy bona fide debts incurred in the ordinary course of business, as the court should not rewrite insolvency law or grant plaintiffs a preference they do not otherwise have.
J Ravinthiran v Public Prosecutor [2004] SGHC 173
The court affirmed that the sentencing norm for s 326 Penal Code offences is two and a half to four years' imprisonment with nine to 12 strokes of the cane, and that the use of a motor vehicle as a weapon is a critical aggravating factor.
Ng Keng Yong v Public Prosecutor and Another Appeal [2004] SGHC 171
The standard of care for criminal negligence under s 304A of the Penal Code is the same as the civil standard of care, and the test for causation requires the negligent act to be a substantial cause of the result.
RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others [2004] SGHC 170
A party cannot use an application for leave to appeal to seek a variation of a costs order based on an issue that should be raised in a respondent's case under the Rules of Court.
Rupchand Bhojwani Sunil v Public Prosecutor [2004] SGHC 17
The court held that while Internet misuse can be an aggravating factor, it must be balanced against the nature of the offence; where the misuse is peripheral to a simple cheating offence, a maximum sentence may be manifestly excessive.
Stratech Systems Ltd v Nyam Chiu Shin (Yan Qiuxin) and Others [2004] SGHC 168
The court held that the third defendant was liable for inducing a breach of contract by the first and second defendants, but awarded only nominal damages as the plaintiff suffered no real or substantial damage.
OCM Opportunities Fund II, LP and Others v Burhan Uray (alias Wong Ming Kiong) and Others [2004] SGHC 165
The court held that it has jurisdiction to order cross-examination of a defendant on a Mareva disclosure affidavit if it is just and convenient to do so, particularly where the disclosure is incomplete or inadequate.
Public Prosecutor v Chaw Aiang Wah [2004] SGHC 164
Deterrent sentences are necessary for violent crimes arising from 'face rage' incidents in public places.
Johnson Pacific Pte Ltd v Hogberg Fred Rickard Robin William and Others [2004] SGHC 163
The court held that particulars of pleading should be provided to inform the other side of the case they have to meet, but requests for particulars that are excessive, harassing, or oppressive will be disallowed.
Excel Golf Pte Ltd v Allied Domecq Spirits and Wine (Singapore) Ltd (No 2) [2004] SGHC 162
A breach of a condition in an oral agreement entitles the innocent party to terminate the contract if the breach is so serious that it deprives the innocent party of substantially the whole benefit of the contract.
Toh Kim Chan v Toh Kim Tian and Others [2004] SGHC 161
The court held that in a small family-run business, documentation and accounting practices may not meet rigorous standards, and the burden of proof on the managing partner must be examined in light of the informal nature of the partnership.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd (No 2) [2004] SGHC 160
Section 116(1) of the Land Titles (Strata) Act does not create a cause of action; it merely empowers the management corporation to sue on behalf of subsidiary proprietors where a cause of action already exists.
Mizuho Corporate Bank Ltd v Cho Hung Bank [2004] SGHC 159
The court will refuse a stay of proceedings if the defendant fails to establish that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.
Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng [2004] SGHC 158
The decision in Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng [2004] SGHC 158 represents a seminal exploration of the boundaries between commercial judgment and the breach of fiduciary duties within the context of a family-founded business transitioning into a publ
Prosperland Pte Ltd v Civic Construction Pte Ltd and Others [2004] SGHC 157
The court held that the developer could sue for breach of contract despite having divested its interest in the property, applying the principle in The Albazero and St Martins Property Corporation Ltd v Sir Robert McAlpine Ltd. It also held that separate defects in a building can