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The "Pacific Vigorous" [2006] SGHC 103

The plaintiff's acceptance of partial payment from the buyer for the sale of goods did not constitute an election at common law to waive its right to sue the shipowner for misdelivery of the cargo, as the remedies against the buyer and the shipowner were cumulative rather than al

Sushant Shukla· ·14 min read
Singapore

Stork Technology Services Asia Pte Ltd (formerly known as Eastburn Stork Pte Ltd) v First Capital Insurance Ltd [2006] SGHC 101

The court held that the notice provision in the insurance policy was a condition precedent to liability, and the insured's failure to provide immediate notice of an occurrence that may give rise to a claim entitled the insurer to repudiate liability.

Sushant Shukla· ·15 min read
Singapore

Lim Hong Kheng v Public Prosecutor [2006] SGHC 100

The court has a broad discretion under s 250 of the Criminal Procedure Code to extend time for filing a petition of appeal, guided by the objective of doing substantial justice in the matter, considering factors such as the length of delay, the explanation for the delay, and the

Sushant Shukla· ·14 min read
Singapore

S & E Tech Pte Ltd v Western Electric Pacific Ltd and Another [2006] SGHC 10

The court has no power under O 22A r 3(2) of the Rules of Court to allow the withdrawal of an offer to settle before the expiry of the minimum period of 14 days, but the common law doctrine of mistake remains applicable to offers to settle.

Sushant Shukla· ·13 min read
Singapore

United Overseas Bank Ltd v Bebe bte Mohammad

The principle of indefeasibility of title under the Land Titles Act is paramount, and personal equity claims against a registered proprietor must be grounded in known legal or equitable causes of action and must not be inconsistent with the Act's policy of certainty.

Sushant Shukla· ·15 min read
Singapore

PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [2006] SGCA 41

A negative ruling on jurisdiction by an arbitral tribunal is not an 'award' under the International Arbitration Act and therefore cannot be set aside by the court under Article 34 of the Model Law.

Sushant Shukla· ·13 min read