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Public Prosecutor v Kamal Bin Kupli and Others [2007] SGHC 98
The court held that when death is caused in furtherance of a common intention to rob, all participants are liable for murder under s 34 of the Penal Code, regardless of who inflicted the fatal injury.
Public Prosecutor v Toh Lam Seng [2007] SGHC 95
The court held that the accused was guilty of rape and imposed a sentence of 16 years imprisonment and 10 strokes of the cane, considering his antecedents and the lack of remorse.
Travista Development Pte Ltd v Tan Kim Swee Augustine and Others [2007] SGHC 94
A party obliged to use 'best endeavours' must take all reasonable steps a prudent and determined person would take to achieve the result. Failure to do so precludes reliance on contractual provisions contingent on that result.
MacarthurCook Property Investment Pte Ltd and Another v Khai Wah Development Pte Ltd [2007] SGHC 93
The court held that the Option terminated automatically on 31 January 2007 because the conditions precedent were not satisfied by the end of the Satisfaction Period, and that the respondent was also entitled to terminate the Option under cl 2.4(b) due to unsatisfactory conditions
Yeo Loo Keng and Another v Tan Yew Lee Kevin and Others [2007] SGHC 92
The court held that CPF moneys and imputed interest are not 'allowable deductions' under s 84A(8)(a) of the Land Titles (Strata) Act for the purpose of determining financial loss in a collective sale, and that the CPF charge is redeemed upon refund of net sale proceeds to the CPF
Re Jiangshan Investment Consortium Ltd (in liquidation) [2007] SGHC 91
A liquidator holds funds as an officer of the court and not as a debtor to the contributories; therefore, such funds cannot be garnished. Furthermore, a 'Deed of Waiver Release and Instruction' can serve as a valid instruction to a liquidator regarding the distribution of surplus
Liquidator of Leong Seng Hin Piling Pte Ltd v Chan Ah Lek and Others [2007] SGHC 9
The court held that for a claim of fraudulent trading under s 340(1) of the Companies Act, there must be a finding of subjective dishonesty on the part of the defendants, and that mere insolvency or preference of one creditor over another does not constitute fraudulent trading.
Sports Connection Pte Ltd v Deuter Sports Gmbh and Another [2007] SGHC 89
When a plaintiff amends pleadings to withdraw allegations against one co-defendant, the other co-defendant may be entitled to costs thrown away if they were reasonably incurred in preparing to defend against those allegations.
Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) v Lee Chee Yian (Mayban General Assurance, intervener) [2007] SGHC 88
The court held that the two limbs of O 29 r 11(2) of the Rules of Court are disjunctive, and that an insurer cannot repudiate liability to a third party to avoid an interim payment order.
Koh Toi Choi v Lim Geok Hong and Another [2007] SGHC 87
A trial judge errs in law by striking out a defence at the trial stage when the defence is not obviously unsustainable, as this bypasses the basic rule that a plaintiff must prove its case and denies the defendant the right to test the plaintiff's case through cross-examination.
Public Prosecutor v Kwong Kok Hing [2007] SGHC 86
The court held that in sentencing for attempted culpable homicide not amounting to murder, the court must consider the specific facts of the case and the offender's mental state, rather than solely the potential danger of the act.
Gaelic Inns Pte Ltd v Patrick Lee PAC [2007] SGHC 13
An auditor is liable for losses caused by fraud if they negligently fail to detect the fraud and fail to warn the company's management, provided the loss is a direct consequence of the breach.
Sim Lian (Newton) Pte Ltd v Gan Beng Cheng Raynes and Another [2007] SGHC 84
A registered proprietor of land under the Torrens system obtains immediate indefeasible title upon registration, which cannot be defeated by irregularities in the collective sale process unless the proprietor is a party to fraud, omission, or mistake as defined under the Land Tit
Law Society of Singapore v Tan Phuay Khiang [2007] SGHC 83
A solicitor owes a duty of unflinching loyalty to his client and must avoid actual or potential conflicts of interest, including those arising from referral relationships.
First DCS Pte Ltd v Chief Assessor and Another [2007] SGHC 82
The court held that machinery used for chilling water to 4°C qualifies for property tax exclusion under s 2(2) of the Property Tax Act as it constitutes 'altering' or 'adapting' an article for sale.
Seiko Epson Corp v Sepoms Technology Pte Ltd and Another [2007] SGHC 81
The court held that a consent judgment for patent infringement is interlocutory in nature, and the defendant is not estopped from raising the defence of innocent infringement under s 69(1) of the Patents Act during the subsequent inquiry for the assessment of profits.
Seah Boon Lock and Another v Family Food Court [2007] SGHC 80
An agent of an undisclosed principal may sue a third party for breach of contract in a representative capacity, and the identity of the undisclosed principal need not be disclosed at trial.
QZ v QY [2007] SGHC 79
Where there is a conflict of evidence in relation to crucial issues such as the amount of assets owned by one party or his income, the court ought to have resolved the matter by way of a trial.
TT v TU [2007] SGHC 78
The court drew an adverse inference against the Husband for his lack of candour and dishonesty in disclosing assets, and awarded the Wife 40% of the Husband's known assets to achieve a clean break.
Public Prosecutor v Tan Chor Jin [2007] SGHC 77
The accused was found guilty of using an arm under the Arms Offences Act, with the court rejecting his defences of intoxication, accident, and private defence.
Perwira Affin Bank Berhad (formerly known as Perwira Habib Bank Malaysia Berhad) v Lee Hai Pey and Another [2007] SGHC 76
The court held that a stay of proceedings on a registration order does not invalidate the registration itself, and once the underlying foreign appeal process is exhausted, it is just and convenient to allow the judgment to be enforced.
Komoco Motors Pte Ltd v Registrar of Vehicles and another [2007] SGHC 74
The Registrar of Vehicles fettered her discretion by adopting a policy of blindly following Customs' valuation of motor vehicles without exercising an independent mind, particularly when exceptional circumstances were raised.
The "Sin Chuen No 112" (Union Bank of Taiwan and others, interveners) [2007] SGHC 72
The court held that an intervener in an action in rem cannot seek summary judgment against the plaintiff on the plaintiff's own claim, but may apply to strike out the claim under O 18 r 19 of the Rules of Court if the claim is frivolous, vexatious, or an abuse of process.
Tullett Prebon (Singapore) Ltd and Others v Spring Mark Geoffrey and Another [2007] SGHC 71
The court held that there is no 'newspaper rule' in Singapore that prevents a journalist from being compelled to disclose their source in interrogatories, provided the information is relevant to the issues at trial.