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S Y Technology Inc v Pacific Recreation Pte Ltd [2007] SGHC 39
A deed of indemnity is a primary obligation and is not dependent on the validity of the underlying contract, especially when the deed is governed by a system of law that recognises the concept of indemnity.
Ngiam Kong Seng and Another v CityCab Pte Ltd and Another [2007] SGHC 38
The court dismissed the plaintiffs' claims for personal injuries and psychiatric trauma, finding that the accident was caused by the first plaintiff's own negligence and that the second plaintiff's claim for psychiatric injury was too remote.
Law Society of Singapore v Tan Sok Ling [2007] SGHC 37
A solicitor who commits breaches of the Solicitors' Accounts Rules due to gross inefficiency rather than dishonesty may be suspended from practice rather than struck off, provided no client loss occurred.
Sysma Construction Pte Ltd v EK Developments Pte Ltd [2007] SGHC 36
The court held that where a voluntary winding up has commenced, a compulsory winding up order will not be granted unless there is a good reason to override the wishes of the majority of creditors.
Law Society of Singapore v Seah Li Ming Edwin and Another [2007] SGHC 35
Lawyers who act in conflict of interests and enable unauthorised persons to perform legal work are liable to suspension from practice, even in the absence of dishonesty, to protect public interest and maintain professional standards.
Management Corporation of Grange Heights Strata Title No 301 v Lee Tat Development Pte Ltd [2007] SGHC 32
This case affirms that the owner of a dominant tenement is entitled to repair and maintain a right of way at their own expense. This legal right extends beyond simple maintenance to include making necessary improvements to the access path.
Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and Others [2007] SGHC 30
The court held that capitalised interest payments do not constitute an actual loss recoverable as damages for breach of contract, as they are an accounting procedure rather than a change in the nature of the interest to capital.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2007] SGHC 28
The court held that the parties had reached a settlement to discontinue the action on the basis of the defendant's costs for the preliminary issues and the appeal, but not the costs of the main action.
Rabiah Bee Bte Mohamed Ibrahim v Salem Ibrahim [2007] SGHC 27
The court held that the relationship between the siblings was a partnership because the venture involved a series of property transactions over an indefinite period with defined roles, rather than a single isolated transaction.
Lee Kok Yong v Lee Guek Hua (alias Li Yuehua) [2007] SGHC 26
An order for the division of matrimonial property is generally a one-off order and not of a continuing nature, and therefore cannot be varied under s 112(4) of the Women's Charter unless it is a continuing order as specified in s 112(5).
Ng Hock Heng v Looi Kok Poh and Another [2007] SGHC 25
The court held that a workman is not precluded by s 18(a) of the Workmen's Compensation Act from claiming damages against a doctor or hospital for injuries caused by negligent medical treatment, as such injuries do not arise out of and in the course of employment.
Lee Hsien Loong v Review Publishing Co Ltd and Another and Another Suit [2007] SGHC 24
The court held that the burden of proving that service of process was effected in an appropriate manner lies with the plaintiff seeking to serve out of jurisdiction, and that the Treaty on Judicial Assistance between Singapore and the PRC does not extend to Hong Kong.
Public Prosecutor v Fernando Payagala Waduge Malitha Kumar [2007] SGHC 23
Credit card offences warrant deterrent sentences, with the starting point for non-syndicated stolen/misappropriated credit card offences being 12 to 18 months' imprisonment.
City Developments Ltd v Chief Assessor [2007] SGHC 227
The Chief Assessor has wide discretion under s 2(3) of the Property Tax Act to assess annual value based on 5% of the estimated land value for redevelopment sites, provided the discretion is exercised fairly and based on relevant factors.
Attorney-General v Tee Kok Boon [2007] SGHC 226
Section 74(1) of the Supreme Court of Judicature Act applies to both civil and criminal proceedings, and the High Court has the power to restrain a vexatious litigant from instituting or continuing criminal proceedings without leave.
Liew Chui Fong (mw) v Yew Kok Chin [2007] SGHC 225
The court applied a broad-brush approach to divide matrimonial assets 60/40 in favour of the husband, considering both financial and non-financial contributions under s 112 of the Women's Charter, and ordered maintenance of $700 per month given the husband's ill health.
Lau Yu Man v Wellmix Organics (International) Pte Ltd [2007] SGHC 223
The court ordered the winding up of a company under s 254(1)(c) of the Companies Act because it had suspended business for more than five years and failed to comply with a court order to rectify breaches within a granted extension of time.
NTUC Co-operative Insurance Commonwealth Enterprise Ltd v Chiang Soong Chee [2007] SGHC 222
The court held that the disability benefit clause in the life insurance policy contained only one requirement for total and permanent disability (TPD), which was defined as the inability to engage in any work, occupation, or profession. The court adopted a strict interpretation o
Exim & Manufacturing Holdings Pte Ltd v Fintex Industries Pte Ltd [2007] SGHC 220
The court held that the defendant had fulfilled its contractual obligations in the baking process and that a limitation of liability clause was an implied term of the contract based on the course of dealings.
Sin Lian Heng Construction Pte Ltd v Singapore Telecommunications Ltd [2007] SGHC 22
The 'without prejudice' privilege applies to communications made in the course of negotiations to settle a dispute, including the 'first shot' in such negotiations, even if not expressly marked 'without prejudice'.
Koh Siang Hong v Hum Weng Fong [2007] SGHC 218
The court held the defendant liable for two-thirds of the damages in a collision case, finding the defendant more culpable for failing to maintain proper lookout and speed despite wet road conditions.
Ng Chee Tiong Tony v Public Prosecutor [2007] SGHC 217
A trial judge must not descend into the arena by assuming an inquisitorial role, as this impairs the judge's ability to dispassionately evaluate evidence and renders the trial unfair.
Dynamic Investments Pte Ltd v Lee Chee Kian Silas and Others [2007] SGHC 216
The question of whether a collective sale transaction is 'not in good faith' under s 84A(9) of the Land Titles (Strata) Act is a question of mixed law and fact, and the Board's finding on this issue cannot be challenged on appeal unless there is an error of law.
Oei Tjiong Bin and Another v Tsu Soo Sin and Another Suit [2007] SGHC 215
The court held that the father had validly assigned the chose in action (the right to repayment of loans) to the plaintiff via an equitable assignment, as the father's intent was clear and notice was given to the plaintiff.