LITT
Try LITT free
Ng Huat Foundations Pte Ltd v Samwoh Resources Pte Ltd [2006] SGHC 43
An appeal against an arbitral award on a question of law is misconceived if it is premised on facts that were not found by the arbitrator, as the arbitrator is the master of the facts.
Hong Guet Eng v Wu Wai Hong (liquidator of Xiang Man Lou Food Court Pte Ltd) [2006] SGHC 42
A loan made without any express provision as to repayment, or expressed to be repayable simply 'on demand', gives rise to a cause of action forthwith, and the limitation period begins to run from the date of the loan.
Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased) v Low Geok Bian and Others [2006] SGHC 41
The court held that the presumption of advancement applies to transfers between a father and child, and in the absence of evidence to the contrary, the moneys in the joint accounts vested in the surviving account holder.
R Alagiyasolan v Public Prosecutor [2006] SGHC 40
An employer who fails to exercise due diligence in screening foreign workers cannot rely on ignorance of their immigration status as a defence.
Pertamina Energy Trading Ltd v Credit Suisse [2006] SGHC 4
A bank is entitled to set off a loan against a customer's fixed deposit where the customer has authorised the drawdown and the bank has acted in accordance with the mandate and conditions of the account, and the customer is precluded from denying the loan if it fails to object to
Peters Roger May v Pinder Lillian Gek Lian [2006] SGHC 39
The court held that Singapore was the most appropriate forum to determine the testator's domicile for probate purposes, as the testator had a real and substantial connection with Singapore and the respondent failed to show that England was a clearly more appropriate forum.
Golden Village Multiplex Pte Ltd v Phoon Chiong Kit [2006] SGHC 38
A director of two companies in litigation against each other must remain neutral and avoid conflicts of interest, as they cannot serve two masters when interests conflict.
HG Metal Manufacturing Ltd v Nam Tat Hardware Co (a firm) [2006] SGHC 37
A contract is not terminated by a party's expression of frustration or statement that the contract is 'useless' unless it clearly and unequivocally conveys an intention to treat the contract as at an end.
The "Mezen" [2006] SGHC 35
The court held that 'goods carried in a ship' under section 3(1)(g) of the High Court (Admiralty Jurisdiction) Act refers only to goods carried as cargo, meaning items transported for the purpose of being conveyed from one place to another.
Sheares Betty Hang Kiu v Chow Kwok Chi and Others [2006] SGHC 34
A completely constituted trust is immediately binding upon the settlor and his personal representatives unless a power of revocation has been expressly reserved, and the acid test for whether an instrument is testamentary is whether it is revocable.
Fornet Enterprise Co Ltd v Howell Universal Pte Ltd and Others [2006] SGHC 33
The court held that the plaintiff failed to prove the existence of a mercantile agency relationship or that the defendants breached any agreement, and that the conspiracy claim was not proven.
Siah Eng Hock v Tan Cheng Huat and Another [2006] SGHC 32
The court found the plaintiff solely liable for the accident due to overwhelming objective evidence contradicting his testimony, including the location of the collision on the bus and the testimony of an independent witness.
Jenton Overseas Investment Pte Ltd v Townsing Henry George [2006] SGHC 31
A director breaches fiduciary duties by acting in the interests of a third party (Normandy) rather than the company (NQF) and by unilaterally transferring company funds to satisfy a debt that was not clearly owed by the company.
The Global 1 [2006] SGHC 30
An in rem action, once commenced, continues as such unless altered by amendment, but if the defendant enters an appearance, the action proceeds as both an in rem and in personam action. If the in rem jurisdiction was never properly invoked, the court may allow an amendment to the
Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd [2006] SGHC 3
The court held that the defendant had discharged its contractual obligations regarding material suitability by providing the required Certificates of Analysis from the specified supplier, May Polyester Films Sdn Bhd.
Wah Heng Glass Holdings Pte Ltd v Diethelm Keller Engineering Pte Ltd [2006] SGHC 29
The court held that the plaintiff had proven the existence of the contracts and the defendant failed to prove its counterclaims for defective work and material due to lack of evidence.
Emjay Enterprises Pte Ltd v Skylift Consolidator (Pte) Ltd (Direct Services (HK) Ltd, Third Party) [2006] SGHC 28
A limitation of liability clause relates to liability rather than the quantum of damages, and therefore must be specifically pleaded in accordance with the Rules of Court.
Silberline Asia Pacific Inc v Lim Yong Wah Allan and Others [2006] SGHC 27
A stay of execution of a summary judgment pending the trial of a counterclaim is discretionary and requires a sufficient connection between the claim and the counterclaim, as well as a plausible counterclaim.
Sin Leng Industries Pte Ltd v Ong Chai Teck and Others [2006] SGHC 25
An application to amend pleadings in the middle of a trial will be refused if it introduces a new case that causes prejudice to the other party which cannot be compensated by costs, especially when the party seeking the amendment has been negligent in the conduct of its litigatio
Geowin Construction Pte Ltd (in liquidation) v Management Corporation Strata Title No 1256 [2006] SGHC 245
An expert's decision is binding on the parties as a matter of contract, and the court will not intervene to set it aside in the absence of fraud, collusion, or a material breach of the expert's terms of appointment.
Wee Yue Chew v Su Sh-Hsyu [2006] SGHC 244
In an application to set aside a judgment obtained in the absence of a party at trial, the most important consideration is the reason for the party's absence. Unless the absence was due to accident or mistake rather than being deliberate, the court is unlikely to allow a rehearin
Beckkett Pte Ltd v Deutsche Bank AG and Another [2006] SGHC 243
The court allowed the plaintiff to amend its pleadings during the trial because the delay was not substantial and did not cause prejudice to the defendant, and the amendments were sufficiently clear to be understood.
Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd [2006] SGHC 242
The court held that the defendant was in breach of the implied conditions of satisfactory quality and fitness for purpose under the Sale of Goods Act, as the paint supplied was inherently incapable of producing a consistent finish.
Firstlink Energy Pte Ltd v Creanovate Pte Ltd and Another Action [2006] SGHC 240
The court held that the term 'loan' in sections 162 and 163 of the Companies Act includes 'advances', and that directors who breach their fiduciary duties are liable to make restitution to the company.