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ET v ES [2007] SGHC 152

Income generated during the marriage from assets that are not matrimonial assets constitutes a matrimonial asset under s 112(10)(b) of the Women's Charter.

Sushant Shukla· ·13 min read
Singapore

Teck Jin (Pte) Ltd v Tan Kim Seng [2007] SGHC 151

The defendant, as trustee of shares for the plaintiff, is obliged to account for all benefits accruing from that shareholding, including bonus and rights issues, unless an agreement to the contrary is proven.

Sushant Shukla· ·13 min read
Singapore

Au Kin Chung v Ho Kit Joo [2007] SGHC 150

The court affirmed the division of matrimonial assets, noting that adverse inferences can be drawn against a party for non-disclosure, and that the court has discretion to award a higher proportion of assets to the other party as a result.

Sushant Shukla· ·13 min read
Singapore

Ari bin Abdullah (by his committee of person and estate, Sariah bte Tarmon and another) v Ong Chwee Siew (Farida bte Umar (administratrix of the estate of Mohd Hussin bin Ismail, deceased) (third party) [2007] SGHC 15

A defendant's criminal conviction for negligent driving is admissible in civil proceedings to prove negligence under s 45A of the Evidence Act, and a driver who fails to give way at a junction is solely liable for resulting accidents.

Sushant Shukla· ·13 min read
Singapore

Man Mohan Singh s/o Jothirambal Singh and Another v Dilveer Singh Gill s/o Shokdarchan Singh and Another [2007] SGHC 149

Damages for nervous shock require proof of a recognisable psychiatric illness, and fertility treatment costs are too remote a consequence of negligence in a road accident.

Sushant Shukla· ·12 min read
Singapore

Ng Chan Teng v Keppel Singmarine Dockyard Pte Ltd [2007] SGHC 148

The court held that when a defendant consents to an interlocutory judgment at a certain percentage of liability, they are bound to pay that percentage of the damages assessed, and the statutory limit of the District Court only applies to cap the final amount ordered, not to the a

Sushant Shukla· ·14 min read
Singapore

Re Wong Sin Yee [2007] SGHC 147

The court held that preventive detention under the CLTPA is not punitive and is dependent on the Minister's subjective satisfaction regarding criminal association and the necessity for public safety, and that judicial review is limited to illegality, procedural impropriety, and i

Sushant Shukla· ·13 min read
Singapore

Re Lee Kim Kiat [2007] SGHC 146

The court held that the Official Assignee was entitled to reject a proof of debt where the claimant failed to provide sufficient evidence to substantiate the claim, particularly when the validity of the claim was challenged.

Sushant Shukla· ·14 min read
Singapore

Narindar Singh Kang v Law Society of Singapore [2007] SGHC 145

An application for reinstatement to the roll of advocates and solicitors is premature if the nature of the original offence, which led to striking off, is so serious that it undermines the administration of justice, regardless of the passage of time or evidence of rehabilitation.

Sushant Shukla· ·12 min read
Singapore

Lim Ah Laik and Another v Surender Singh and Another [2007] SGHC 144

Where a notice to complete has been served making time of the essence, subsequent extensions of time to fixed dates do not counteract the effect of the notice, and time remains of the essence.

Sushant Shukla· ·12 min read
Singapore

Novus International Pte Ltd v Good Earth Agricultural Co Ltd [2007] SGHC 143

The court dismissed the defendant's appeal for a stay of proceedings on the ground of forum non conveniens, finding that the defendant failed to discharge the burden of showing that Hong Kong was a more appropriate forum.

Sushant Shukla· ·10 min read
Singapore

Tiong Seng Contractors (Pte) Ltd v Chuan Lim Construction Pte Ltd [2007] SGHC 142

The Building and Construction Industry Security of Payment Act (Cap 30B) encompasses and provides for the adjudication of final progress payments.

Sushant Shukla· ·13 min read
Singapore

NP and Another v Comptroller of Income Tax [2007] SGHC 141

The court held that the determination of whether a property transaction constitutes trading is a question of mixed fact and law, and that the Board's findings can be overturned if they are unreasonable or inconsistent with the facts found.

Sushant Shukla· ·13 min read
Singapore

QU v QV [2007] SGHC 140

The court held that contempt of court proceedings can be maintained even if an order does not specify a time frame for compliance, provided the applicant proves that a reasonable time for compliance has elapsed.

Sushant Shukla· ·13 min read
Singapore

Re Joshua Benjamin Jeyaretnam ex parte Indra Krishnan and others [2007] SGHC 14

The court held that an application for discharge from bankruptcy should be refused where the administration of the estate is incomplete, the bankrupt has failed to cooperate with the Official Assignee, and there has been no material change in circumstances since previous failed a

Sushant Shukla· ·13 min read
Singapore

Pang Chen Suan v Commissioner for Labour [2007] SGHC 138

The court held that the Commissioner for Labour's decision to refuse reinstatement of a workmen's compensation claim was not irrational or unreasonable in the Wednesbury sense, as the applicant failed to show 'reasonable cause' for the late submission.

Sushant Shukla· ·13 min read
Singapore

Exxonmobil Asia Pacific Pte Ltd v Bombay Dyeing & Manufacturing Co Ltd [2007] SGHC 137

A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant proves that there is another available forum that is clearly or distinctly more appropriate than the Singapore forum.

Sushant Shukla· ·12 min read
Singapore

Aw Bock Eng v Public Prosecutor [2007] SGHC 136

A single isolated occasion of carrying passengers for hire or reward can constitute the use of a vehicle as a public service vehicle under the Road Traffic Act, provided the arrangement has a commercial or business-like character.

Sushant Shukla· ·12 min read
Singapore

Lim Ah Neu v Tan Tiow Jin [2007] SGHC 135

The court held that the defendant failed to prove the plaintiff's consent to the loans and ordered an account of the withdrawals.

Sushant Shukla· ·13 min read
Singapore

UE v UF [2007] SGHC 134

The court determined the division of matrimonial assets based on an equal partnership model, attributing equal credit to both parties for the success of their family business.

Sushant Shukla· ·14 min read
Singapore

Alliance Management SA v Pendleton Lane P and Another and Another Suit [2007] SGHC 133

The court has the power under Order 24 of the Rules of Court to order the production of a hard disk for inspection as it constitutes a 'document', provided the court is satisfied it is in the possession, custody, or power of the party and that inspection is necessary for the fair

Sushant Shukla· ·11 min read
Singapore

Chiam Heng Luan and Others v Chiam Heng Hsien and Others [2007] SGHC 132

A contractual licence cannot co-exist with a tenancy; where parties have entered into a landlord-tenant relationship, terms regarding occupation are terms of the tenancy, not a separate contractual licence.

Sushant Shukla· ·14 min read
Singapore

Tan Sia Boo v Ong Chiang Kwong [2007] SGHC 131

The principles of Ladd v Marshall are strictly applied in appeals from a registrar's assessment of damages where the hearing before the registrar was akin to a trial involving oral evidence.

Sushant Shukla· ·13 min read
Singapore

TC v TD [2007] SGHC 130

The court held that there was no material change in circumstances to justify a downward variation of maintenance where the applicant's lifestyle and financial receipts (bonuses and reimbursements) indicated he was not as adversely affected by a salary decrease as claimed.

Sushant Shukla· ·13 min read