LITT
Try LITT free
Ong Ting Ting v Public Prosecutor [2004] SGHC 156
An appellate court will be slow to overturn a trial judge's findings of fact, especially where the decision rests on the credibility of witnesses observed by the trial judge.
Public Prosecutor v Selvaraju s/o Satippan [2004] SGHC 154
A demand for money believed to be owed to the kidnapper by the victim or their family constitutes a 'ransom' demand under the Kidnapping Act.
United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and Others [2004] SGHC 153
The High Court does not have the power to extend time for the filing of an O 14 application outside the period of limitation prescribed by O 14 r 14, as O 14 r 14 is a written law relating to limitation.
The "MMM Diana" ex "Able Director" [2004] SGHC 152
A registrar has jurisdiction to hear an application for an extension of time to comply with an 'unless order' and to set aside a default judgment obtained pursuant to such an order.
Lee Kiang Leng Stanley v Lee Han Chew (trading as Joe Li Electrical Supplies) [2004] SGHC 151
The court held that s 64(1) of the Bankruptcy Act is not limited to instances of defaults by a petitioner and allows the court to order security for part or all of a debt.
John While Springs (S) Pte Ltd and Another v Goh Sai Chuah Justin and Others [2004] SGHC 150
A fiduciary in breach is liable to make restitution to restore the wronged person to the position they would have been in had no breach occurred, and the burden of proof lies with the plaintiff to prove loss, after which it shifts to the defendant to show the loss would have occu
SIS Technologies Pte Ltd v Chan Beng Wai (Tan Kuan Yew and Others, Third Parties) [2004] SGHC 15
The court held that the indemnity document was merely a draft that was not intended to be legally binding, as it was never delivered to the plaintiffs and contained handwritten amendments.
The Bank of East Asia Ltd v Mody Sonal M and Others [2004] SGHC 149
A mortgagee is not a trustee of the power of sale and is entitled to exercise it for its own purposes, provided it acts in good faith and takes reasonable care to obtain the true market value at the time of sale.
Chia Sok Kheng Kathleen v The Management Corporation Strata Title Plan No 669 [2004] SGHC 148
The court held that a management corporation is not liable for withholding consent for renovations or changes of use if it acts honestly and responsibly, and that claims for breach of contract under the Land Titles (Strata) Act are subject to the Limitation Act.
Stratech Systems Ltd v Guthrie Engineering (S) Pte Ltd [2004] SGHC 146
The court held that the plaintiff was entitled to claim for variation works and maintenance services on a quantum meruit basis, as the defendant failed to prove its set-off claims for liquidated damages and other deductions.
Keimfarben GmbH and Co KG v Soo Nam Yuen [2004] SGHC 145
Hearsay evidence is inadmissible unless it falls within an exception under the Evidence Act, and the burden of proving loss in an assessment of damages lies entirely with the plaintiff, who must provide expert evidence where necessary.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2004] SGHC 142
Discovery of documents is governed by O 24 r 1(2) of the Rules of Court, where documents are discoverable if they could adversely affect or support a party's case, provided they are necessary for disposing fairly of the matter.
Tay Aik Long Andrew v Public Prosecutor [2004] SGHC 14
An appellate court will not interfere with a trial judge's findings of fact unless they are clearly against the weight of the evidence or the judge's assessment of credibility was plainly wrong.
Chiam Toon Hong v Ong Soo Yong [2004] SGHC 138
A vendor cannot rely on Condition 5 of the Law Society of Singapore's Conditions of Sale 1999 to annul a contract if their refusal to comply with a purchaser's reasonable request (such as varying a court order affecting title) is unreasonable.
Public Prosecutor v Sinsar Trading Pte Ltd [2004] SGHC 137
The High Court has revisionary jurisdiction to set aside a conviction and sentence where there is serious injustice, such as when a district judge exceeds jurisdiction by accepting a plea of guilty by letter for an offence punishable by imprisonment exceeding three months.
Public Prosecutor v Boon Yu Kai John [2004] SGHC 136
An appellate court is competent to draw inferences from established facts where there is no issue of witness credibility. The respondent was acquitted by reason of unsoundness of mind, and the trial court must follow the mandatory procedure under s 315 of the Criminal Procedure C
Public Prosecutor v Shahary bin Sulaiman [2004] SGHC 135
The court found the accused guilty of drug trafficking based on his possession of the drugs and his own admissions, rejecting his defence that he was unaware of the contents of the Lafuma bag.
Stone Forest Consulting Pte Ltd v Wee Poh Holdings Ltd [2004] SGHC 134
A board resolution of a company acknowledging services rendered and undertaking to pay fees constitutes a clear admission of liability, precluding the company from raising unmeritorious defences in summary judgment proceedings.
Re Kotjo Johanes Budisutrisno, ex parte International Factors Leasing Pte Ltd [2004] SGHC 133
The court has the power to allow amendments to a bankruptcy petition at any time under s 13 of the Bankruptcy Act, and r 102(2) of the Bankruptcy Rules does not operate as a time bar for such amendments.
Murugasu, Euan v Singapore Airlines Ltd [2004] SGHC 132
The court upheld the assessment of damages for a surgeon who suffered permanent injuries, necessitating a career change. It ruled that the shift from surgery to administration was a direct result of the injury rather than a voluntary choice, justifying the award.
Ong Jane Rebecca v Lim Lie Hoa and Others (No 5) [2004] SGHC 131
The court held that in an inquiry into estate assets, the evidential burden of proof lies with the party asserting the existence of an asset, and the court will not draw adverse inferences without specific evidence.
Lion City Holdings Pte Ltd (in liquidation) v Jumabhoy Asad and Others [2004] SGHC 130
The court held that an amendment to a writ to add a new cause of action will not be allowed if it would defeat a limitation defence, unless the new cause of action arises out of the same or substantially the same facts as the existing claim.
Public Prosecutor v Akbar Late Md Hossain Howlader [2004] SGHC 128
The court held that the accused was guilty of rape based on the victim's credible testimony and DNA evidence, despite the accused's inconsistent statements and lies.
Zhang Yiguang (suing by the committee and estate of his person, Tong Wen Li) v Intergraph Systems South East Asia Pte Ltd [2004] SGHC 126
An employer who takes out insurance on the life and health of an employee holds the benefits of such policies as trustee for the employee, unless otherwise specified.