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Naidu Rajasimha and Another v Naidu Sathyamurthi Narsimhan and Others [2004] SGHC 124
A presumed resulting trust arises where property is bought by A in the name of B, but the presumption can be rebutted by evidence. The plaintiffs failed to prove the existence of an oral agreement or that the purchase money was provided by the estate of Lakshmi Naidu.
RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others [2004] SGHC 123
The court held that the claimant bank failed to establish that the metals in the warehouses were ascertained by appropriation to its contracts of purchase, and that the metals did not form part of an identified bulk under s 20A of the Sale of Goods Act.
Roslan Bin Abdul Rani v Public Prosecutor [2004] SGHC 121
An appellate court will not disturb a trial judge's findings of fact, particularly those based on witness credibility, unless the judge was plainly wrong.
Muhamad Ilyas Bin Mirza Abdul Hamid v Kwek Khim Hui [2004] SGHC 12
The court assessed damages for a plaintiff who suffered serious head injuries in a motorcycle accident, awarding a global sum for pain and suffering and loss of amenities to avoid overlap, and awarding damages for loss of scholarship and loss of earning capacity based on the plai
Sim Teck Meng David v Public Prosecutor [2004] SGHC 119
An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence, and the appellant must show that the trial judge's findings were plainly wrong.
Lu Yuan Sheng v Hitachi Credit Singapore Pte Ltd [2004] SGHC 118
Substituted service of a statutory demand must comply with the Practice Directions regarding attempts at personal service; failure to do so renders the service ineffective.
Salim Anthony v Sumitomo Corp Capital Asia Pte Ltd and Others and Another Application [2004] SGHC 117
A surety's rights of subrogation are postponed rather than waived by a clause in a guarantee that requires prior exhaustion of remedies against the principal debtor, and an assignment of debt that does not comply with contractual notice requirements is invalid.
Fire-Stop Marketing Services Pte Ltd v Mae Engineering Ltd [2004] SGHC 116
The court held that the term '5000m2' in the sub-contract was merely an estimate of the work to be done and not a fixed quantity for a lump sum, as the actual area was unknown at the time of the award. Payment should be based on the actual measured work done.
OCM Opportunities Fund II, LP and Others v Burhan Uray (alias Wong Ming Kiong) and Others [2004] SGHC 115
The court held that the tort of conspiracy to injure by unlawful means is actionable in Singapore, and that the unlawful means need not be actionable at the suit of the claimant.
Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado (No 2) [2004] SGHC 114
The court affirmed the district judge's division of matrimonial assets at 70% to the husband and 30% to the wife, noting the husband's greater contribution to asset acquisition and the wife's failure to provide consortium for a significant period.
Wong Kia Meng (trading as Smart Tuition Centre) v Seet Siow Luan and Others [2004] SGHC 112
The court held that the plaintiff was merely a nominal owner of the business, holding it on trust for the first defendant, who was the true beneficial owner.
Chia Yang Pong v Singapore Medical Council [2004] SGHC 111
The Disciplinary Committee of the Singapore Medical Council has no power to impose a fine exceeding $10,000 in total for all charges, as the fine is intended to be an intermediate penalty.
Chong Ken Ban (alias Chong Johnson) and Another v Management Corporation Strata Title Plan No 1395 [2004] SGHC 110
The Strata Titles Board has concurrent jurisdiction with the High Court to hear applications for the enforcement of by-laws under the Land Titles (Strata) Act.
Sabah Shipyard (Pakistan) Ltd v Government of the Islamic Republic of Pakistan [2004] SGHC 109
The court held that a dispute over the costs of an arbitration, where the underlying dispute was settled or withdrawn, is a dispute 'arising in connection with' the underlying contract and thus falls within the scope of the arbitration clause.
Re Jeyaretnam Joshua Benjamin, ex parte Indra Krishnan (No 2) [2004] SGHC 106
The court held that a bankruptcy order should not be discharged where the administration of the bankrupt's assets is incomplete and the bankrupt has failed to cooperate with the Official Assignee.
Afro-Asia Shipping Co (Pte) Ltd v Da Zhong Investment Pte Ltd and Others (No 2) [2004] SGHC 105
The court held that a defendant who elects not to call evidence is not liable for the plaintiff's costs of preparing for cross-examination, as such preparation is a basic part of trial preparation. However, a defendant may be liable for hearing fees thrown away if they fail to no
Ho Kian Cheong v Ho Kian Guan and Others [2004] SGHC 104
The court held that the doctrine of functus officio did not apply to an interlocutory application where no substantive order had been made, and that res judicata estoppel does not apply to the dismissal of an interlocutory application.
Re Will and Codicil of Tan Tye, deceased (No 2) [2004] SGHC 103
The term "male issue" in a will refers to male descendants in the exclusively male line, and the phrase "not including adopted male" excludes all adopted males and their descendants.
Sumio Sakata and Others v Fuminori Paul Naruse and Others [2004] SGHC 102
The court held that orders for security for costs should not be disturbed on appeal unless in exceptional circumstances, and that a change of solicitors by a defendant does not automatically justify an increase in the total security for costs ordered.
Lim Kok Koon v Tan Cheng Yew and Another [2004] SGHC 101
A law firm is not vicariously liable for a partner's acts as an express trustee, as acting as an express trustee is not part of the ordinary business of a solicitor.
Rajendran a/l Palany v Drill-Quip Asia Pacific Pte Ltd [2004] SGHC 100
The court held that an award for future medication was warranted for backache, but upheld the assistant registrar's decision to deny damages for loss of future earnings due to the appellant's malingering.
Intercontinental Specialty Fats Berhad v Bandung Shipping Pte Ltd and Others [2004] SGHC 1
This case clarifies the admissibility of market price evidence in commercial disputes. The court ruled that expert testimony based on trader offers is admissible as factual evidence of those offers, bypassing hearsay objections.