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Cigar Affair v Public Prosecutor [2005] SGHC 109
An application under s 60 of the Supreme Court of Judicature Act for a criminal reference to the Court of Appeal must involve a question of law of public interest and is to be used sparingly in exceptional cases.
Cigar Affair v Pacific Cigar Company [2005] SGHC 108
The court held that s 53A of the Trade Marks Act (Cap 332) allows for the issuance of search warrants for documents that are evidence of trade mark offences, and that the mens rea requirement of the Copyright Act does not apply to s 49 of the Trade Marks Act.
Gan Sim Lim v Public Prosecutor [2005] SGHC 107
An appellate court will only interfere with a sentence if the sentencing judge made the wrong decision as to the factual basis, erred in appreciating material, the sentence was wrong in principle, or the sentence was manifestly excessive or inadequate.
TR Networks Ltd and Others v Elixir Health Holdings Pte Ltd and Others [2005] SGHC 106
A default judgment is not irregular if the defendant entered an appearance gratis, even if service was not effected, and the court has discretion to set aside such judgment based on whether the defendant has a meritorious defence and whether the proceedings were deliberately igno
Public Trustee and Another v By Products Traders Pte Ltd and Others [2005] SGHC 103
Solicitors have an overriding duty of candour to the court as officers of the court, which takes precedence over their duty to their clients. This duty requires full disclosure of material facts and prohibits misleading the court, whether actively or passively.
Re Wan Soon Construction Pte Ltd [2005] SGHC 102
The court held that s 334 of the Companies Act applies to judicial management via s 227X(b), allowing the judicial manager to set aside an incomplete execution of a writ of seizure and sale.
Chor Pee & Partners v Wee Soon Kim Anthony [2005] SGHC 101
An agreement on legal fees must be certain, contain the full terms of the bargain, and be signed by the client to constitute a valid contentious business agreement under s 111 of the Legal Profession Act.
Re Wong Sook Mun Christina [2005] SGHC 100
Section 110 of the Evidence Act requires that the missing person must not have been heard of for 7 years by those who would naturally have heard of him if he had been alive. Where a person is totally estranged from their family, the family members may not fall within the category
Lin Tsang Kit and Another v Chng Thiam Kwee [2005] SGHC 10
The court held that the defendant, as the controlling mind of the company, was the trustee of the shares held in the company's name and was liable to account for secret profits and sale proceeds.
Henny Sutanto v Chandra Suwandi (trading as Global Standard Marketing) [2005] SGCA 45
The failure to present a cheque for payment as required by s 45 of the Bills of Exchange Act is fatal to a claim against the drawer, even if the holder has reason to believe the cheque will be dishonoured.