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Re LP (adult patient: medical treatment) [2006] SGHC 13
The High Court has inherent jurisdiction to grant a declaration that a proposed medical procedure is lawful when a patient is incapacitated and unable to consent, provided the procedure is in the patient's best interests.
Jagatheesan s/o Krishnasamy v Public Prosecutor [2006] SGHC 129
An appellate court may intervene to overturn a trial judge's findings of fact if the findings are unreasonable, against the weight of evidence, or if the inferences drawn are not supported by primary or objective facts.
Lim Pei Ni Charissa v Public Prosecutor [2006] SGHC 128
The court affirmed that rehabilitation is the dominant consideration for young offenders, and probation may be appropriate even for serious offences if the offender is responsive to rehabilitation.
Re Caplan Jonathan Michael QC [2006] SGHC 125
The court dismissed an application for the ad hoc admission of a Queen's Counsel because the case did not meet the first stage of the three-stage test, as it was not of sufficient difficulty or complexity to require the services of a Queen's Counsel.
Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck and Another [2006] SGHC 124
A striking-out order based on a procedural defect (such as failure to show chain of title) where the court has not gone into the merits does not give rise to res judicata or issue estoppel, especially where the court indicated that fresh proceedings could be instituted.
Tan Yow Kon v Tan Swat Ping and Others [2006] SGHC 123
The court held that the Remaining Defendants were necessary or proper parties to the action as they were partners in the firm and the plaintiff's claim was connected to the partnership assets and promises made on behalf of the partners.
Noor Azizan bte Colony (alias Noor Azizan bte Mohamed Noor) v Tan Lip Chin (alias Izak Tan) [2006] SGHC 121
A decree of divorce issued by the Syariah Court dissolves the entire marriage relationship between parties, including a marriage previously solemnized under the Women's Charter.
Comptroller of Income Tax v MT [2006] SGHC 120
The court held that the 1995 amendments to the Merchant Shipping Act, which excluded vessels with suspended registration from the definition of 'Singapore ship', did not automatically update the definition of 'Singapore ship' in the Income Tax Act, as tax exemptions are a matter
The Eternal Strength [2006] SGHC 12
An action in rem is wrongly instituted if the requirements of s 4(4) of the High Court (Admiralty Jurisdiction) Act are not met, but the action may continue as an action in personam if the defendant has submitted to the jurisdiction and the subject matter is within the court's ad
Lian Teck Construction Pte Ltd v Woh Hup (Pte) Ltd and Others [2006] SGHC 118
The court held that an application for interim payment under O 29 r 10 of the Rules of Court should not be heard while a stay application is pending, as it would require the defendant to take a step in the proceedings prohibited by s 6(1) of the Arbitration Act.
Tan Kay Beng v Public Prosecutor [2006] SGHC 117
Dissimilar antecedents are generally irrelevant to sentencing unless they show a progressive proclivity for criminal activity. Deterrence must be tempered by proportionality and the specific factual matrix of the case.
Lee Chee Wei v Tan Hor Peow Victor and Others [2006] SGHC 116
Specific performance is not an appropriate remedy for the sale of shares where the vendor's interest is strictly monetary and the vendor failed to mitigate loss.
The "Asia Star" [2006] SGHC 115
A shipowner is in breach of a voyage charterparty if the vessel's cargo tanks are not cargo-worthy at the commencement of the voyage, and the shipowner fails to exercise due diligence to ensure they are fit for the carriage of the agreed cargo.
Highness Electrical Engineering Pte Ltd v Sigma Cable Co (Pte) Ltd [2006] SGHC 114
A party commits a repudiatory breach if their conduct deprives the innocent party of a substantial part of the benefit of the contract, making it unfair to hold them to the contract.
Teo Chin Kiang Willie v MAE Engineering Ltd [2006] SGHC 113
The defendant failed to prove that the plaintiff's resignation was unlawful, as the defendant had accepted the resignation, effectively terminating the service agreement by mutual agreement.
Chee Siok Chin v Attorney-General [2006] SGHC 112
The High Court dismissed an application to avoid an election due to non-compliance with mandatory security for costs requirements. The court ruled that strict adherence to timelines under the Parliamentary Elections Rules is essential for a valid application.
Oversea-Chinese Banking Corp Ltd v Moey Keng Weng and Another and Another Application [2006] SGHC 111
A write-off of a debt in a bank's internal books for accounting purposes does not constitute a legal release of the debt, and the bank remains entitled to enforce the debt and associated security.
Golden Village Multiplex Pte Ltd v Golden Harvest Films Distribution (Pte) Ltd and Another [2006] SGHC 110
A board meeting of a company, once properly convened, can continue even if some directors leave, provided a quorum remains. Procedural irregularities in the appointment of a chairman do not invalidate proceedings unless they cause substantial injustice.
CS Bored Pile System Pte Ltd v Evan Lim & Co Pte Ltd [2006] SGHC 11
The court held that a signed quotation with a stamp and a note 'Terms & Conditions to be discussed' constituted a binding acceptance of the contract, as the main purpose of the meeting was to agree on prices for a tender, and the note was an act of excess caution.
Brooks, Kenneth Williams v Millar, Christian Gurth Hoyer and Another [2006] SGHC 109
The court refused to grant a mandatory injunction to rectify a share register because the balance of convenience favoured the defendants, as the share issue was necessary to fund ongoing litigation and granting the injunction would cause irreparable harm to the company.
Chan Mei Lan Kristine v Ong Boon Huat Samuel [2006] SGHC 108
The court held that a property acquired during the marriage, even if one party did not contribute financially to it, constitutes a matrimonial asset under s 112(10) of the Women's Charter, unless it falls under the limited exception for gifts or inheritance.
Vestwin Trading Pte Ltd and Another v Obegi Melissa and Others [2006] SGHC 107
The court held that the act of putting out rubbish for collection does not amount to abandonment of property, and that recipients of confidential information obtained through illegal means are bound by an obligation of confidence.
Yap Jeffery Henry and Another v Ho Mun-Tuke Don [2006] SGHC 106
A liquidator in a voluntary winding up has the power to resign, and the court may remove a liquidator for cause shown, which includes circumstances where it is in the interest of the liquidation to replace the liquidator.
Chin Tyng Lei v Lim Yoon Ngok [2006] SGHC 104
The court held that the defendant was liable for $70,000 of the claim based on his own admission in email correspondence, while granting conditional leave to defend for the balance of $190,000.