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Singapore

Mei Yue Lan Margaret v Raffles City (Pte) Ltd [2005] SGHC 168

The court assessed damages for pain, suffering and loss of amenities for a plaintiff suffering from Reflex Sympathetic Dystrophy (RSD) following a leg injury, determining that while the injury was not life-threatening, the pain and suffering were severe and warranted a global awa

Sushant Shukla· ·15 min read
Singapore

Neo Corp Pte Ltd (under judicial management) v Neocorp Innovations Pte Ltd and Another Application [2005] SGHC 167

A right of action residing in a judicial manager to challenge a transaction under s 227T of the Companies Act does not continue to reside in a liquidator if the company is subsequently wound up; the liquidator must commence separate proceedings under s 329.

Sushant Shukla· ·13 min read
Singapore

Li Kong v Cheng Lai Nar [2005] SGHC 164

The court held that an appellate court may interfere with findings of fact in ancillary matters where the decision is based on inferences drawn from documents rather than oral testimony. It also clarified the attribution of financial contributions to matrimonial assets in the abs

Sushant Shukla· ·11 min read
Singapore

Yee Hong Pte Ltd v Tan Chye Hee Andrew (Ho Bee Development Pte Ltd, Third Party) [2005] SGHC 163

The court has jurisdiction under s 6(5) of the Arbitration Act to stay court proceedings and refer parties to arbitration where a party is claiming through or under a party to an arbitration agreement, even if there is no direct arbitration agreement between the parties to the co

Sushant Shukla· ·13 min read
Singapore

Dalian Hualiang Enterprise Group Co Ltd and Another v Louis Dreyfus Asia Pte Ltd [2005] SGHC 161

The court held that a stay of proceedings under s 6(2) of the International Arbitration Act should not be granted where the dispute is clearly outside the scope of the arbitration agreement, such as a set-off claim arising from a separate contract to which the plaintiffs were not

Sushant Shukla· ·12 min read
Singapore

CX v CY (minor: custody, care, control and access) [2005] SGHC 16

Joint custody orders should be made even in acrimonious cases unless it is evident that joint custody will not work, as it is preferable to making no custody order at all.

Sushant Shukla· ·14 min read
Singapore

Wee Soon Kim Anthony v Lim Chor Pee and Another [2005] SGHC 159

The court held that a statutory demand should be set aside if there is a genuine triable issue regarding a counterclaim, set-off, or cross demand that equals or exceeds the debt.

Sushant Shukla· ·14 min read
Singapore

S Selvamsylvester v Public Prosecutor [2005] SGHC 158

The High Court has no absolute discretion to grant bail for non-bailable offences punishable with life imprisonment if there are reasonable grounds for believing the accused is guilty.

Sushant Shukla· ·13 min read
Singapore

State of Johor and Another v Tunku Alam Shah ibni Tunku Abdul Rahman and Others [2005] SGHC 156

The bequest of Tyersall as 'State property' in Sultan Abu Bakar's will was valid under the lex situs (Singapore law) and intended to vest in the reigning Sultan as a corporation sole, not as personal property.

Sushant Shukla· ·13 min read
Singapore

Q & M Enterprises Sdn Bhd v Poh Kiat [2005] SGHC 155

The court affirmed that the principles of forum non conveniens in Spiliada apply in Singapore, and that the existence of a potential summary judgment claim under O 14 does not override the forum non conveniens analysis.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Took Leng How [2005] SGHC 154

The court held that the accused failed to prove the defence of diminished responsibility on a balance of probabilities, as he was not suffering from an abnormality of mind at the time of the offence.

Sushant Shukla· ·13 min read
Singapore

Tang Kin Hwa v Traditional Chinese Medicine Practitioners Board [2005] SGHC 153

The court affirmed the Board's decision to suspend the appellant's registration for two years, finding that the appellant had forged a signature on a certificate of employment and provided inaccurate particulars in his registration application, which constituted improper conduct

Sushant Shukla· ·13 min read
Singapore

Fan Juan Fen v Crocodile Holdings Pte Ltd and Another and Another Suit [2005] SGHC 152

The court held that the plaintiff was the legal and beneficial owner of the shares and that the defendants' cancellation of the shares was invalid as it did not comply with the company's articles of association or the Companies Act.

Sushant Shukla· ·14 min read
Singapore

Re Bintan Lagoon Resort Ltd [2005] SGHC 151

The court will only exercise its power under s 227B(10) of the Companies Act to appoint a judicial manager on public interest grounds if it considers that the public interest 'so requires', which is a stringent test not met by mere economic or social impact of a company's failure

Sushant Shukla· ·15 min read
Singapore

Tullett Prebon (Singapore) Ltd and Another v Chua Leong Chuan Simon and Others and Another Suit [2005] SGHC 150

An employer is entitled to restrain an employee from working for another employer in breach of a valid employment contract, even if the court cannot compel the employee to perform the original contract.

Sushant Shukla· ·15 min read
Singapore

SBS Transit Ltd (formerly known as Singapore Bus Service Ltd) v Teo Chye Seng Douglas [2005] SGHC 15

The court held that an offer to settle (OTS) should not be disregarded even if it omits a counterclaim, provided it is clear and fair in respect of the claims it covers, and that parties should seek clarification of any ambiguity in an OTS well before trial.

Sushant Shukla· ·15 min read
Singapore

Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another [2005] SGHC 149

The court held that the defendants were concurrently liable in negligence for the failure of a refurbished slip joint due to insufficient wall thickness caused by machining, and that the defendants were not entitled to rely on exemption clauses that were not properly incorporated

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Chiong Chin May Selena [2005] SGHC 148

A solicitor who commits professional misconduct by failing to maintain proper accounts and allowing an unauthorised person to be a co-signatory to firm accounts may be suspended rather than struck off if the misconduct was not dishonest and was caused by medical illness.

Sushant Shukla· ·13 min read
Singapore

Yeoh Peng Lim v Yeo Peng Hay and Another [2005] SGHC 145

The court held that the plaintiff failed to establish grounds for the reversal of debit entries in the company's accounts, as he had signed the audited accounts and audit confirmations with knowledge of the nature of the documents, and the father was the controlling mind of the c

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mohd Halmi bin Hamid and Others [2005] SGHC 143

The court clarified that the presumption of knowledge under s 18(2) of the Misuse of Drugs Act can apply alongside the presumption of trafficking under s 17, provided possession is proved.

Sushant Shukla· ·12 min read
Singapore

Chang Yam Song v Public Prosecutor [2005] SGHC 142

An appellate court will be slow to overturn findings of fact by the trial judge especially when an assessment of the credibility and veracity of the witnesses has been made.

Sushant Shukla· ·12 min read
Singapore

Lee Siew Eng Helen v Public Prosecutor [2005] SGHC 141

The court held that in a criminal breach of trust case, the Prosecution's method of calculating the amount embezzled by taking the total withdrawals and subtracting accrued commissions was proper, and that the breach of a relationship of trust is an aggravating factor in sentenci

Sushant Shukla· ·12 min read
Singapore

Chong Hon Kuan Ivan and Another v Levy Maurice and Others and Other Actions [2005] SGHC 14

The court has the discretion to manage the sequence of hearings for overlapping actions and to direct that evidence from one trial be admitted in others to ensure fairness and efficiency.

Sushant Shukla· ·12 min read
Singapore

Nike International Ltd and Another v Campomar Sociedad Limitada [2005] SGHC 139

The court held that the doctrine of res judicata applies to trade mark opposition proceedings where a final decision has been made by the Registrar, and that genuine use of a trade mark can be established through commercial import/export activities even if limited in frequency.

Sushant Shukla· ·13 min read