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Singapore

GYC Financial Planning Pte Ltd and Another v Prudential Assurance Company Singapore (Pte) Ltd [2006] SGHC 71

The court held that the termination of the Corporate Manager Agreement was valid as the defendant gave sufficient notice and had good reason due to the Financial Advisers Act prohibiting corporate entities from acting as representatives of exempt financial advisers. Furthermore,

Sushant Shukla· ·13 min read
Singapore

Rickshaw Investments Ltd and Another v Nicolai Baron Von Uexkull [2006] SGHC 70

The court held that the jurisdiction clause in the agreement did not confer exclusive jurisdiction on German courts, but stayed the Singapore action on the basis that Germany was the more appropriate forum.

Sushant Shukla· ·13 min read
Singapore

Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd and Another Suit [2006] SGHC 7

A patent for a manufacturing process involving cold forging of rebars is valid and inventive where it overcomes known technical limitations and achieves a significant advance in the industry.

Sushant Shukla· ·14 min read
Singapore

Law Society of Singapore v Sivakolunthu Thirunavukarasu [2006] SGHC 68

An advocate and solicitor who engages in forgery and fraud to mortgage clients' property for personal benefit and misapplies clients' monies will be struck off the roll.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v MX [2006] SGHC 67

The court held that in cases of multiple sexual offences against children, the totality principle requires consecutive sentencing to reflect the gravity of the offences and the number of victims.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v G Krishnasamy Naidu [2006] SGHC 64

The court rejected the defence of diminished responsibility, finding that while the accused suffered from morbid jealousy, it did not substantially impair his mental responsibility for the act of killing.

Sushant Shukla· ·13 min read
Singapore

Yongnam Engineering & Constructions (Pte) Ltd and Another v Yeo Wee Kiong and Others [2006] SGHC 62

The court held that solicitors are not negligent for failing to warn a client of the risks of a transaction where the client was an experienced businessman who had been advised of the existence of a paramount mortgage and the necessity of its discharge, and where the client chose

Sushant Shukla· ·12 min read
Singapore

Ang Swee Koon v Pang Tim Fook Paul [2006] SGHC 61

The court held that for the purposes of s 21(1) of the Supreme Court of Judicature Act, the 'amount in dispute in the appeal' is the correct test to determine whether leave to appeal is required.

Sushant Shukla· ·15 min read
Singapore

Yap Jeffery Henry v Seow Timothy and Others [2006] SGHC 6

The court found that the directors of the Company conspired to defraud the plaintiff by liquidating the Company to avoid paying a judgment debt and by transferring assets to a new entity while concealing proceeds in a secret bank account.

Sushant Shukla· ·15 min read
Singapore

Ang Kin Chiew v Ang Boon Chye (trading as All Family Food Court and others) [2006] SGHC 59

The court held that the plaintiff was a nominee for his father (the eleventh defendant) in the various partnerships and had no real interest in them, and thus his claims were dismissed.

Sushant Shukla· ·15 min read
Singapore

Caterpillar Inc v Ong Eng Peng (formerly trading as Catplus International) [2006] SGHC 58

The court held that the defendant's use of the mark 'CATPLUS' in relation to construction equipment infringed the plaintiff's registered 'CAT' trade marks and constituted passing off, as there was a likelihood of confusion among the public.

Sushant Shukla· ·12 min read
Singapore

Abul Khabir Uddin Tohron Nisa v Public Prosecutor [2006] SGHC 57

The court held that bail should be reduced when the accused has no prior convictions and has already spent time in remand, balancing the dual purposes of bail (presumption of innocence and preventing absconding).

Sushant Shukla· ·13 min read
Singapore

Otech Pakistan Pvt Ltd v Clough Engineering Ltd and Another [2006] SGHC 55

A party is bound by its pleadings and a case must be decided on the issues raised on the record.

Sushant Shukla· ·13 min read
Singapore

Van Der Horst Engineering Pte Ltd v Rotol Singapore Ltd [2006] SGHC 53

A party may recover wasted pre-contractual expenditure as damages for breach of contract if such expenditure was within the reasonable contemplation of the parties as likely to be wasted if the contract was broken.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rohana [2006] SGHC 52

The court held that life imprisonment was not appropriate for a charge of culpable homicide not amounting to murder where the actions were not premeditated, despite the presence of aggravating factors.

Sushant Shukla· ·12 min read
Singapore

Rothmans of Pall Mall Limited v Maycolson International Ltd [2006] SGHC 51

Bad faith in trade mark registration is a distinct issue from confusing similarity, and an applicant has a positive duty to investigate the bona fides of a mark if circumstances suggest impropriety.

Sushant Shukla· ·12 min read
Singapore

LV v LW (divorce: ancillary matters) [2006] SGHC 50

The court held that lottery winnings are part of the matrimonial assets and that the respondent's attempt to conceal assets through a third party was improbable and rejected.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Lim Stephen [2006] SGHC 5

A solicitor who misappropriates client funds in a systematic fashion and breaches the trust of his client will be struck off the roll of advocates and solicitors.

Sushant Shukla· ·12 min read
Singapore

CHS CPO GmbH and Another v Vikas Goel and Others [2006] SGHC 49

The court held that an ex parte applicant for injunctive relief must show utmost good faith and disclose material facts fully and fairly, and that failure to draw such information to the court's attention constitutes material non-disclosure.

Sushant Shukla· ·12 min read
Singapore

Volkswagen Financial Services Singapore Ltd v Public Prosecutor [2006] SGHC 48

Forfeiture under s 4(1) of the Road Vehicles (Special Powers) Act is mandatory upon the fulfilment of the statutory preconditions, regardless of the innocence of the vehicle owner.

Sushant Shukla· ·12 min read
Singapore

Kunal Gobind Lalchandani and Another v LU [2006] SGHC 47

A director who misappropriates company funds and destroys company records breaches his fiduciary duties. A contract for restitution of misappropriated assets is not illegal under s 213 of the Penal Code.

Sushant Shukla· ·12 min read
Singapore

Mohd Aslam s/o Jahandad v Public Prosecutor [2006] SGHC 46

A conviction based on the uncorroborated evidence of a sole witness requires the trial judge to make a finding that the evidence is so compelling that a conviction can be secured by it alone.

Sushant Shukla· ·12 min read
Singapore

Er Kee Jeng v Public Prosecutor [2006] SGHC 45

The surrender of a certificate of insurance is not a precondition for the valid cancellation of an insurance policy under the Motor Vehicles (Third-Party Risks and Compensation) Act, and the insurer's statutory liability under s 9 does not render a cancelled policy 'in force' for

Sushant Shukla· ·14 min read
Singapore

EB v EC (divorce: maintenance of stepchildren) [2006] SGHC 44

The duty to maintain a child under s 70(1) of the Women's Charter applies to matrimonial proceedings under Part X, and the conjunction 'or' in s 70(1) should be read as 'and' such that the duty arises when neither biological parent maintains the child.

Sushant Shukla· ·14 min read