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Public Prosecutor v Teo Cheow Kim [2007] SGHC 70

The court found that the prosecution had proven its case beyond reasonable doubt, rejecting the accused's arguments regarding inconsistencies in statements and potential drug mix-ups.

Sushant Shukla· ·12 min read
Singapore

Re Shankar Alan s/o Anant Kulkarni and Another Application [2007] SGHC 68

The High Court has the inherent power to order costs in proceedings where a Disciplinary Committee's findings have been quashed, even if the Disciplinary Committee itself lacks the statutory power to award costs against itself.

Sushant Shukla· ·16 min read
Singapore

Tipper Corp Pte Ltd v JTC Corporation [2007] SGHC 67

A claim for negligent misrepresentation fails if the alleged representation is a statement of future intention rather than existing fact, and if the representee fails to prove the representation was made.

Sushant Shukla· ·14 min read
Singapore

Re Wee Soon Kim Anthony [2007] SGHC 66

A High Court judge has no jurisdiction to set aside the judgment of another High Court judge; such allegations must be raised before a superior court.

Sushant Shukla· ·14 min read
Singapore

Lee Kuan Tat v Public Prosecutor [2007] SGHC 65

The court held that the appellant, as the initiator and financier of an illegal moneylending operation, deserved a heavier sentence than his co-accused, and that a 40-month default imprisonment sentence for fines totaling $300,000 was justified given the appellant's criminal ante

Sushant Shukla· ·13 min read
Singapore

NCC International AB v Alliance Concrete Singapore Pte Ltd [2007] SGHC 64

The court will not grant an interlocutory mandatory injunction where the plaintiff has failed to demonstrate a need for urgent intervention and has bypassed the agreed dispute resolution process.

Sushant Shukla· ·13 min read
Singapore

Fernandez Joseph Ferdinent v Public Prosecutor [2007] SGHC 60

The duty to stop after an accident under s 84(1) of the Road Traffic Act is an immediate duty that must be performed voluntarily; stopping under coercion does not satisfy the duty. Furthermore, the offence of failing to render assistance is complete the moment the driver drives o

Sushant Shukla· ·12 min read
Singapore

Murakami Takako v Wiryadi Louise Maria and Others [2007] SGHC 6

A foreign judgment in rem is not subject to the 6-year limitation period under the Limitation Act. Furthermore, foreign courts have jurisdiction to determine the succession to movables wherever situated of a testator dying domiciled in that country, and such adjudication is bindi

Sushant Shukla· ·14 min read
Singapore

Weir Warman Ltd v Research & Development Pty Ltd [2007] SGHC 59

The court held that where parties have concurrent contractual rights to use a trade mark in non-exclusive territories, they also have concurrent implied rights to register and protect that mark. The absence of manufacturing rights in the place of registration does not preclude th

Sushant Shukla· ·13 min read
Singapore

Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline [2007] SGHC 58

A district judge sitting as a Settlement Judge in a Court Dispute Resolution (CDR) conference does not have the jurisdiction or judicial power to issue an order of court or consent judgment, as the CDR conference is not a court proceeding.

Sushant Shukla· ·15 min read
Singapore

Gobi Nadhan a/l Balakrishnan v Tan Chin Sian [2007] SGHC 57

The court apportioned liability for a traffic accident, finding the defendant liable but attributing 15% contributory negligence to the plaintiff.

Sushant Shukla· ·11 min read
Singapore

Kwek Peck Ying v Loh Kwang Chay (Chen Hui Jie, Third Party) [2007] SGHC 56

The court found the defendant wholly liable for a traffic accident after rejecting his testimony and evidence of his guilty plea to dangerous driving.

Sushant Shukla· ·13 min read
Singapore

Comboni Vincenzo and Another v Shankar's Emporium (Pte) Ltd [2007] SGHC 55

A recipient of funds is not liable as a constructive trustee for knowing receipt unless their conscience is affected by knowledge of the fraud or breach of trust, and the Baden categories of knowledge are not a substitute for the test of unconscionability.

Sushant Shukla· ·15 min read
Singapore

Sakthivel Punithavathi v Public Prosecutor [2007] SGHC 54

The appellate court set aside the conviction because the trial judge failed to properly evaluate the evidence, specifically by relying on demeanour rather than objective facts and by failing to address inconsistencies in the complainant's testimony.

Sushant Shukla· ·12 min read
Singapore

Oversea-Chinese Banking Corporation Ltd v Lulla-Motion (S) Pte Ltd [2007] SGHC 53

The court held that there was no reason to set aside orders made in the absence of the defendants where the defendants' absence was not caused by the plaintiff's conduct.

Sushant Shukla· ·12 min read
Singapore

Credit Suisse v Lim Soon Fang Bryan [2007] SGHC 52

The court held that an order for a letter of request to examine witnesses abroad is a matter of judicial discretion, and the overarching question is whether the order is necessary for the purposes of justice. Cross-interrogatories are a form of cross-examination within the meanin

Sushant Shukla· ·14 min read
Singapore

Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd [2007] SGHC 51

The court held that the further evidence did not establish that the Bartec patent was invalid due to prior use, as the alleged admissions were merely commercial bluffs made during royalty negotiations.

Sushant Shukla· ·15 min read
Singapore

Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50

The judgment in Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50 constitutes a seminal exploration of the "loss of chance" doctrine within the Singapore legal landscape, specifically concerning the assessment of damages following a

Sushant Shukla· ·21 min read
Singapore

GIB Automation Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2007] SGHC 48

The court held that a 'back-to-back' provision in a construction sub-contract does not automatically incorporate all terms of the main contract, and that a party terminating a contract based on its own erroneous interpretation of such terms does so at its own peril.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik [2007] SGHC 47

The court held that the admission of a statement (P73) did not provide sufficient evidence to alter the previous conviction and acquittal findings, as the statement did not resolve doubts regarding the complainant's evidence.

Sushant Shukla· ·12 min read
Singapore

LF Construction Pte Ltd v Yeo Pia Thian (trading as System Aluminium Works) [2007] SGHC 45

A formal contract entered into after work has begun can have retrospective and prospective contractual effect, and in the absence of fraud or misrepresentation, a party is bound by a signed document regardless of whether they read it.

Sushant Shukla· ·13 min read
Singapore

Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] SGHC 42

Equitable set-off requires a close and inseparable connection between claims, which is not established merely by a long-standing commercial relationship or the fact that goods were shipped on the same vessel.

Sushant Shukla· ·12 min read
Singapore

Mitsui OSK Lines Ltd v Samudera Shipping Line Ltd [2007] SGHC 41

The court has the power to stay proceedings in the High Court to prevent a multiplicity of actions, even where s 6 of the Arbitration Act does not apply because the plaintiff in the court action is not a party to the arbitration agreement.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lee Chez Kee [2007] SGHC 4

The court held that out-of-court confessions of a co-accused not party to the proceedings are admissible under s 378(1)(b)(i) of the Criminal Procedure Code, provided the requirement of voluntariness is met.

Sushant Shukla· ·12 min read