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Singapore

Yip Mei Ling Agnes v Tan Thiam Chye [2007] SGHC 214

The court held that a material change in circumstances justifying a variation of maintenance orders must be substantial and not merely based on pre-existing conditions or voluntary financial decisions.

Sushant Shukla· ·14 min read
Singapore

Lee Kim Kiat v Lee Biow Neo and Others [2007] SGHC 213

The court held that the plaintiff failed to prove the existence of an alleged contribution agreement or an express trust, and that the requirements of s 7(1) of the Civil Law Act were not met. Furthermore, the court found no basis for a purchase money resulting trust as the conve

Sushant Shukla· ·14 min read
Singapore

Tay Eng Chuan v Ace Insurance Ltd [2007] SGHC 212

Compliance with an arbitration clause is a condition precedent to establishing liability under the insurance policy; where the right to arbitrate is extinguished, the claimant cannot bypass the arbitration clause by commencing a legal action in court.

Sushant Shukla· ·12 min read
Singapore

TCL Industries (Malaysia) Sdn Bhd v ICC Chemical Corp [2007] SGHC 211

A party seeking specific discovery must satisfy the twin pillars of relevance and sufficient necessity for the fair disposal of the matter, and cannot use discovery as a 'fishing' expedition.

Sushant Shukla· ·14 min read
Singapore

Pan United Marine Ltd v Chief Assessor [2007] SGHC 21

Floating dry docks fall within the definition of 'building' in s 2(1) of the Property Tax Act and are assessable as part of the land if they are sufficiently annexed to the property and enhance its value.

Sushant Shukla· ·12 min read
Singapore

Law Society of Singapore v Liew Boon Kwee James [2007] SGHC 209

The court held that circumstantial evidence, including the respondent's silence and failure to call witnesses, was sufficient to prove the charges of touting beyond a reasonable doubt.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Bay Puay Joo Lilian [2007] SGHC 208

A solicitor who attempts to procure conveyancing work by offering referral fees is guilty of professional misconduct, even if the employment sought is fictitious.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Tan Guat Neo Phyllis [2007] SGHC 207

The court held that entrapment evidence is admissible in disciplinary proceedings and that the court has no discretion to exclude such evidence under the Evidence Act.

Sushant Shukla· ·14 min read
Singapore

Re Reliance National Asia Re Pte Ltd [2007] SGHC 206

The court has no jurisdiction to extend the time period for a creditor to file its proof of debt after a scheme of arrangement has been sanctioned by the court, as the scheme operates as a statutory contract.

Sushant Shukla· ·15 min read
Singapore

Letts Charles v Soh Kim Wat (alias Soh Kim Leng) [2007] SGHC 202

The court found that the loan was made to the company, not the defendant personally, and that the plaintiff was an unlicensed moneylender, rendering the loan unenforceable.

Sushant Shukla· ·13 min read
Singapore

Amanresorts Limited and Another v Novelty Pte Ltd [2007] SGHC 201

The court held that the tort of passing off was established where the defendant used an identical name for a residential project that was associated with the plaintiffs' well-known resort brand, creating a real risk of confusion and damage to goodwill.

Sushant Shukla· ·13 min read
Singapore

Low Ah Cheow and Others v Ng Hock Guan (personally and as executor/trustee of the estate of Ng Teow Yhee, deceased) [2007] SGHC 200

The plaintiffs failed to prove the existence of a secret trust because they could not establish that the testator intended to impose a binding legal obligation on the defendant, rather than a moral one, and the evidence provided was unreliable.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Ravi Madasamy [2007] SGHC 20

Rude and discourteous behaviour to the Bench by an advocate and solicitor constitutes misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.

Sushant Shukla· ·13 min read
Singapore

Chen Ter Cheng and Others v Po Chiak Keng (Tan Si Chong Su) and Others [2007] SGHC 2

The court will not interfere in the internal affairs of an association unless there is a breach of contract or fundamental legal issues, and discovery is only granted if relevant to a pending action.

Sushant Shukla· ·12 min read
Singapore

Po Chiak Keng Tan Si Chong Su v Goh Joo Heng [2007] SGHC 195

The court held that the defendant was in breach of contract by failing to pay suppliers and by failing to account for donations, justifying the termination of the agreement.

Sushant Shukla· ·13 min read
Singapore

Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd [2007] SGHC 194

The court held that the contract documents (Volumes I and II) were binding on the parties, and the plaintiff's claims based on oral representations contradicting these documents were rejected under the parol evidence rule.

Sushant Shukla· ·15 min read
Singapore

T2 Networks Pte Ltd v Nasioncom Sdn Bhd [2007] SGHC 193

A settlement agreement must be sufficiently definite to be enforceable, and a clause in a commercial contract providing for payment of a sum upon termination may be a penalty if it is not a genuine pre-estimate of loss.

Sushant Shukla· ·14 min read
Singapore

Tan Joy Hon and Others v Sassoon Samuel Bernard and Others [2007] SGHC 191

The Collective Sale Agreement (CSA) does not automatically terminate after 12 months if a contract for sale has been entered into; the sale committee's authority continues until the contract is performed or exhausted.

Sushant Shukla· ·15 min read
Singapore

Ng Swee Lang and Another v Sassoon Samuel Bernard and Others [2007] SGHC 190

The court held that procedural requirements in the Land Titles (Strata) Act should be interpreted purposively, and that non-compliance does not automatically invalidate a collective sale order unless it causes prejudice or frustrates the legislative purpose.

Sushant Shukla· ·14 min read
Singapore

Re Estate of Tan Kow Quee (alias Tan Kow Kwee) [2007] SGHC 19

A claim by a beneficiary against a personal representative may be barred by the doctrine of laches even if no statutory limitation period applies, where the delay is substantial and it would be unconscionable to enforce the claim.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yusry Shah bin Jamal [2007] SGHC 188

The court held that while rehabilitation is a dominant consideration for young offenders, it must be balanced against the need for deterrence, especially where the offence is serious and the offender has committed a further offence while on bail.

Sushant Shukla· ·13 min read
Singapore

VB v VC [2007] SGHC 186

The decision in [2007] SGHC 186 represents a significant judicial exercise of the "broad brush" approach in the division of matrimonial assets and the determination of maintenance within the context of an acrimonious divorce. The proceedings involved VB (the Petitioner/Wife) and

Sushant Shukla· ·13 min read
Singapore

Ng Gino Ernest v Triathlon Association of Singapore [2007] SGHC 183

The court granted leave to apply for judicial review of the respondent's selection decision, finding that the applicant had made out a case requiring a response regarding potential breaches of natural justice.

Sushant Shukla· ·11 min read
Singapore

Ong Chay Tong & Sons (Pte) Ltd v Ong Hoo Eng and Another [2007] SGHC 182

A right of first refusal is a caveatable interest, but it can be extinguished by a subsequent board resolution that replaces the original terms of the right.

Sushant Shukla· ·12 min read