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Asian Corporate Services (SEA) Pte Ltd v Impact Pacific Consultants Pte Ltd and Others [2005] SGHC 138
A search order (Anton Piller order) is an extreme remedy that requires necessity, proportionality, and clear evidence of a real risk of destruction of evidence; it should not be used as a primary investigatory tool.
HY v Comptroller of Income Tax [2005] SGHC 137
The court held that there was no material connection between the appellant's gains from stock options and Singapore, as the options were granted while the appellant was employed in London and the exercise of the options occurred in London.
Lee Teck Nam v Kang Hock Seng Paul [2005] SGHC 136
The court held that a defendant tortfeasor cannot insist on a plaintiff exercising contractual rights against a third party to reduce damages, and that damages for loss of future earnings should be assessed with a multiplier that reflects current lower rates of investment return.
Oversea-Chinese Banking Corp Ltd v Infocommcentre Pte Ltd [2005] SGHC 134
An overdraft facility is generally repayable on demand unless the parties have expressly or impliedly agreed otherwise, and a bank does not owe a duty of care to a borrower when exercising its discretionary right to withdraw such facilities.
OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC 133
The court held that the defendant's mark was similar to the plaintiff's registered trademark 'OTO', creating a likelihood of confusion, and that the defendant's use of the 'Notice of Agreement' revived the passing off claim.
The "Inai Selasih" (ex "Geopotes X") [2005] SGHC 132
An arrest of a ship in rem requires the plaintiff to establish that the defendant is the charterer of the ship at the time the cause of action arose. A sham charterparty created for external purposes does not confer the status of charterer.
Icadam Technologies Sdn Bhd and Others v CAD-IT Consultants (Asia) Pte Ltd and Others [2005] SGHC 130
The court held that the second defendant defamed the plaintiffs by making false allegations of intellectual property infringement to a client, and that the first defendant was vicariously liable for these statements.
Lim Teng Ee Joyce v Singapore Medical Council [2005] SGHC 129
A disciplinary committee's power to award costs is not unfettered and must be exercised judicially; it is erroneous to order a practitioner to pay costs for a charge of which they were acquitted.
Khoo Bee Keong v Ang Chun Hong and Another [2005] SGHC 128
The court found the bus driver 80% liable and the pedestrian 20% liable for contributory negligence in a traffic accident.
Public Prosecutor v Khor Kok Soon [2005] SGHC 125
The court found that the accused used a firearm with intent to cause physical injury, satisfying the elements of section 4 of the Arms Offences Act 1973.
Wong Teck Long v Public Prosecutor [2005] SGHC 123
The court held that the uncorroborated evidence of an accomplice can be relied upon to convict an accused, provided it is treated with caution, and that the sentence for corruption should be deterrent given the public interest in maintaining the integrity of the financial sector.
Public Prosecutor v Lim Thian Lai [2005] SGHC 122
A retracted confession is admissible if the court is satisfied it was made voluntarily and is true and reliable.
Law Society of Singapore v Ong Ying Ping [2005] SGHC 120
An advocate and solicitor who misleads prison authorities regarding the identity of a person accompanying them to a prison interview is guilty of misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.
Changhe International Investments Pte Ltd and Another v Dexia BIL Asia Singapore Ltd and Others [2005] SGHC 12
The court held that commencing a second action that is identical to a first action which was dismissed for failure to comply with a peremptory order constitutes an abuse of process.
Chong Chee Keong v Official Assignee [2005] SGHC 119
A certificate of discharge from bankruptcy wipes the slate clean for the bankrupt, and any residual rights, including money due after the discharge, revert to the discharged bankrupt unless the Official Assignee expressly reserved that money as a condition to the discharge.
New Line Productions, Inc and Another v Aglow Video Pte Ltd and Others and Other Suits [2005] SGHC 118
The court held that directors of companies can be held personally liable for copyright infringement if they are the directing minds of the companies and have procured or directed the infringing acts. The court also awarded additional damages under s 119(4) of the Copyright Act du
Foo Teow Keng v Ong Choo Guan and Others [2005] SGHC 117
The court found that the defendants' actions in diluting the plaintiff's shareholding and manipulating company accounts to reduce share value constituted oppression under s 216 of the Companies Act.
C S Geotechnic Pte Ltd v Neocorp Innovations Pte Ltd [2005] SGHC 116
A party cannot shift the burden of a contract to another without the consent of the contractee.
T Ltd v Comptroller of Income Tax [2005] SGHC 115
A company's business commences when it is ready to commence business operations, not merely when it is incorporated or when it begins preparatory activities.
Yee Hong Pte Ltd v Powen Electrical Engineering Pte Ltd [2005] SGHC 114
The court held that the arbitrator's decision to proceed with the hearing did not constitute improper conduct or a violation of natural justice, and that the applicant failed to demonstrate substantial injustice as required by s 16(1)(b) of the Arbitration Act.
Re Ng Huat Foundations Pte Ltd [2005] SGHC 112
The court will not grant an application to convene a creditors' meeting for a scheme of arrangement where there is no prospect of the scheme receiving the requisite approval of three-fourths in value of the creditors, or where there has been material non-disclosure.
Quek Hong Yap v Quek Bee Leng and Others [2005] SGHC 111
To succeed under s 216(1)(a) of the Companies Act, the oppression on the part of the defendants must continue up to the date of the proceedings.
Vaswani Lalchand Challaram and Another v Vaswani Roshni Anilkumar and Another [2005] SGHC 110
The court held that insurance policy moneys payable to named beneficiaries are not part of the deceased's estate where no statutory trust is created, and the insurer is discharged from liability upon payment to the proper claimant under s 61(1) of the Insurance Act.
QBE Insurance (International) Ltd v Winterthur Insurance (Far East) Pte Ltd [2005] SGHC 11
The court held that there was no agreement between the parties to share liability for the claim, and that QBE was estopped from claiming contribution due to its conduct in handling the defence without consulting Winterthur.