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Lim Chin San Contractors Pte Ltd v Sanchoon Builders Pte Ltd [2005] SGHC 227
A breach of contract that is not repudiatory in nature does not entitle the innocent party to terminate the contract. Minor breaches only entitle the innocent party to claim damages.
Goh Lee Yin v Public Prosecutor [2005] SGHC 226
Probation may be an appropriate sentence for an offender suffering from a serious mental disorder, even if the offender is over 21, provided there is a strong support system and a realistic prospect of rehabilitation.
Evergreat Construction Co Pte Ltd v Presscrete Engineering Pte Ltd [2005] SGHC 224
An expert's determination is binding as a matter of contract and cannot be challenged unless the expert has departed from his instructions in a material respect or acted with fraud or corruption.
Robin Anak Mawang v Public Prosecutor [2005] SGHC 222
The court held that it is not necessary to prove that the appellant personally punched the victim to establish a charge of rioting, provided the appellant was a member of an unlawful assembly with the common object of causing hurt.
Public Prosecutor v Vijayakumar s/o Veeriah [2005] SGHC 221
The accused was convicted of murder as the court found he was the aggressor and did not act in private defence, and the killing was not a result of a sudden fight.
Korea Exchange Bank v Standard Chartered Bank [2005] SGHC 220
The court held that express terms in a letter of credit can override provisions of the UCP 500 incorporated by reference if there is an irreconcilable inconsistency, and that an issuing bank is precluded from asserting discrepancies if it fails to provide a notice of refusal upon
Ong Beng Leong v Public Prosecutor [2005] SGHC 22
The word 'use' in s 6(c) of the Prevention of Corruption Act means to employ for the purpose of misleading the principal, and does not require the document to be submitted to a third party.
Management Corporation Strata Title Plan Nos 1298 and 1304 v Chief Assessor and Comptroller of Property Tax [2005] SGHC 219
The court held that areas of common property in a shopping centre used for placing items like ATMs and kiosks constitute 'tenements' and are therefore taxable under the Property Tax Act, even if they are not physically demarcated by lines.
Wong Ser Wan v Ng Cheong Ling [2005] SGHC 218
The court held that gifts made between spouses for the purpose of inducing a spouse to withdraw divorce proceedings and to provide financial security are irrevocable and should not be brought into the matrimonial pool for division upon divorce.
Chee Siok Chin and Others v Minister for Home Affairs and Another [2005] SGHC 216
The court held that the applicants' claim was frivolous, vexatious, and an abuse of process, and that the police had acted within their statutory powers under the Miscellaneous Offences (Public Order and Nuisance) Act.
Tan Wai Kok (formerly trading as TWK Skill Engineering Works) v Hart Engineering (Pte) Ltd [2005] SGHC 215
The court held that the plaintiff was entitled to payment for works performed, subject to set-offs for defective works and materials, and that the defendant's counterclaim for conspiracy was not made out.
Re Tang Yoke Kheng (ex parte Lek Benedict and another) [2005] SGHC 214
The court held that exceptional circumstances existed to warrant a stay of bankruptcy proceedings where the debtor was the main creditor of a company and was funding the liquidator's action against the petitioning creditors, who were also directors of that company.
Lin Bin v Public Prosecutor [2005] SGHC 213
The court held that the degree of control exercised by an employer is a significant factor in determining employment status, but the substance of the relationship must be considered. The court also affirmed that the prosecution need only establish that the appellant knew or had r
Tan Yeow Hiang Kenneth and Others v Tan Chor Chuan and Others [2005] SGHC 212
The court held that it was functus officio after the order for costs had been extracted and could not vary the order to allow a reduction for failed defences. Furthermore, even if it had the power, no reduction was warranted as the defendants had not acted unreasonably in raising
Yeo Gek Lang Susie (administratrix of the estate of Teo Lay Swee) and Others v Guan Soon Development Pte Ltd [2005] SGHC 211
Amendments to a company's Articles of Association take effect from the date the resolution is passed unless otherwise stipulated in the amendment itself.
Cheah Geok Tuan (alias Seah Geok Tuan) and Another v Lie Khin Sin and Another [2005] SGHC 210
The court held that a written agreement for the sale of shares with a buyback option was in substance a loan agreement, given the unusual terms and the surrounding evidence.
Lee Bee Kim Jennifer v Lim Yew Khang Cecil [2005] SGHC 209
This case clarifies that interim maintenance orders do not bind final ancillary relief decisions. The court emphasized the duty of full and frank disclosure, ruling that adverse inferences will be drawn against parties who fail to disclose their assets accurately.
Lim Chi Szu Margaret and Another v Risis Pte Ltd [2005] SGHC 206
The court held that the requirements under s 34(1)(c) and s 34(2) of the Supreme Court of Judicature Act are cumulative in nature for interlocutory proceedings, and that the Bozson test is the correct test for determining whether an order is final or interlocutory.
Syarikat Wen Ken Drug Sdn Bhd and Others v Lo Hock Ling & Co [2005] SGHC 205
An appellate court will not interfere with a trial judge's findings of fact unless the judge was plainly wrong, especially where the judge had the benefit of seeing and hearing the witnesses.
De Montfort University v Stanford Training Systems Pte Ltd [2005] SGHC 202
A winding-up petition should be stayed where the debt forming the basis of the petition is bona fide disputed on substantial grounds.
Allied Marine Services Ltd v LMJ International Ltd [2005] SGHC 201
A Mareva injunction will not be granted if it substantially interferes with the business rights of innocent third parties, even if the plaintiff offers an indemnity.
Firstwaters Pte Ltd v Lindeteves-Jacoberg Ltd [2005] SGHC 200
The court will not strike out a claim under O 18 r 19 of the Rules of Court if the deficiency in the pleading can be cured by an amendment, especially where the real intention of the parties can be discerned from the instrument as a whole.
Public Prosecutor v Siew Boon Loong [2005] SGHC 20
A sentencing court should consider all antecedents up to the moment of sentencing, but the weight accorded depends on the circumstances, including the age of the offences and whether the accused acted in defiant disregard of the law.
Lee Kuan Yew v Chee Soon Juan (No 2) [2005] SGHC 2
The court assessed damages for defamation in a case where the defendant had made serious allegations of dishonesty against a senior government official and failed to substantiate his defences.