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Public Prosecutor v Lee Meng Soon [2007] SGHC 129
An appellate court may intervene in sentencing if the lower court erred in principle, failed to appreciate material facts, or if the sentence is manifestly inadequate, while acknowledging that sentencing precedents are guidelines rather than binding rules.
Wishing Star Ltd v Jurong Town Corp [2007] SGHC 128
The court held that the defendant was entitled to damages for the difference in contract value following the plaintiff's breach, but disallowed certain administration and site costs that were not proven to be reasonably occasioned by the breach.
ITC Global Holdings Pte Ltd (under judicial management) v ITC Limited and Others [2007] SGHC 127
Service of a writ out of jurisdiction must strictly comply with the laws of the country where service is effected; failure to do so constitutes a fundamental defect that is not curable under O 2 r 1 of the Rules of Court.
B-Gold Interior Design & Construction Pte Ltd v Zurich Insurance (Singapore) Pte Ltd [2007] SGHC 126
An exclusion clause in an insurance policy that is inconsistent with the object of the insurance or renders the cover illusory will be denied efficacy by the court.
Lim Cheng Liang and Another v 33 Boat Quay Pte Ltd and Another [2007] SGHC 125
The operative terms of a contract are those contained in the final executed agreement, which subsumes any prior agreements.
W&P Piling Pte Ltd (in liquidation) v Chew Yin What and Others [2007] SGHC 124
Directors of a company owe fiduciary and statutory duties to act honestly and bona fide in the interests of the company, and these duties are not extinguished or compartmentalised simply because the director also serves on the board of a holding company.
Public Prosecutor v Low Kok Heng [2007] SGHC 123
Section 133 of the Bankruptcy Act provides a single defence of innocent intention consisting of two limbs (lack of intent to defraud and lack of intent to conceal the state of affairs), both of which must be satisfied for the defence to succeed.
PT Soonlee Metalindo Perkasa v Synergy Shipping Pte Ltd (Freighter Services Pte Ltd, Third Party) [2007] SGHC 121
A carrier of goods by sea has an absolute obligation to provide a seaworthy vessel at the commencement of the voyage, and this duty is not relieved by the fact that the carrier does not own the vessel.
You Xin v Public Prosecutor and Another Appeal [2007] SGHC 120
The summary process for contempt in the face of the court is a necessary power to maintain the administration of justice, but it must be exercised sparingly and only when absolutely necessary, with strict adherence to procedural safeguards including the right to be heard and the
Re Shankar Alan s/o Anant Kulkarni [2007] SGHC 12
The court held that the general rule that costs follow the event applies to disciplinary proceedings, and a successful party is entitled to costs unless there are special circumstances warranting a departure.
NTUC Income Insurance Co-operative Ltd v Toh Kheng Boon [2007] SGHC 117
The court held that an insurer cannot amend its pleadings on the first day of trial without sufficient particulars or justification, and that the insured vehicle was not used for 'hire or reward' as the arrangement was one of social kindness.
The "Vasiliy Golovnin" [2007] SGHC 116
The arrest of a vessel in Singapore is an abuse of process if it is based on issues already resolved by a foreign court of competent jurisdiction (issue estoppel), and the failure to disclose such prior proceedings in an ex parte application for a warrant of arrest is a material
Law Society of Singapore v Tay Eng Kwee Edwin [2007] SGHC 114
A solicitor who deliberately and consistently ignores the Solicitors' Accounts Rules, which have the force of law, demonstrates a patent defect of character and is not a fit and proper person to remain in the profession, warranting the penalty of being struck off the roll.
Re 41B Lorong 17 Geylang, Singapore 388564 [2007] SGHC 112
The court held that an option to purchase may contain an implied term that if the purchaser receives unsatisfactory replies to legal requisitions before exercising the option, the vendor is obliged to refund the option money.
Datacraft Asia Ltd and Another v Kaufman, Gregory Laurence and Others [2007] SGHC 111
A stay of proceedings may be granted where there are related proceedings in a foreign jurisdiction, even if the strict requirements of lis alibi pendens are not met, if it is expedient to avoid the risk of irreconcilable judgments.
Wong David H v Timothy Seow Group Architects Pte Ltd (in liquidation) and Another [2007] SGHC 110
An application for an extension of time to appeal against a liquidator's rejection of a proof of debt will be dismissed where there is an inordinate delay and no valid ground to justify it.
Ong & Ong Architects Pte Ltd and Another v Yee Wei Chi and Another [2007] SGHC 109
Closure of pleadings under O 18 r 20 is not postponed by the amendment of pleadings or the addition of a new party if the time for closure of pleadings has already crystallised against the original parties.
TQ v TR [2007] SGHC 106
The court held that the best interests of the children are the primary criterion for custody, care and control, and that a prenuptial agreement regarding the division of matrimonial assets can be enforced under s 112 of the Women's Charter.
Knight Glenn Jeyasingam v Law Society of Singapore [2007] SGHC 105
The court held that an application for restoration to the roll should not be made prematurely, and that a period significantly longer than five years from the date of striking off is generally required. The court also held that the applicant must demonstrate that they are fit to
Tjia Alicia (m.w.) v Aspin Suryanna [2007] SGHC 104
The court determined the division of matrimonial assets and maintenance in a divorce case, finding that the husband remained the owner of his business despite his claims of asset transfer.
Singapore Technologies Kinetics Ltd v Eco Fuels Solutions Asia, Inc and Others [2007] SGHC 103
A guarantee expressed as a continuing security is enforceable according to its terms, and a defence of misrepresentation in a summary judgment application requires a trial if it is not entirely shadowy.
Asia Pacific Wire & Cable Corp Ltd and Others v Chik Kai-Ming Aaron and Another [2007] SGHC 102
The judgment in [2007] SGHC 102 represents a significant judicial examination of the limits of corporate "claw-back" actions following a change in management. The dispute arose in the wake of a major corporate restructuring of the Asia Pacific Wire & Cable Corp Ltd ("APWC") group
Banque Nationale de Paris v Ng Kit Har and another action (Yii Chee Ming, Third Party) [2007] SGHC 101
A third party action cannot continue after the main action has concluded with a judgment, as all pending matters are deemed closed and extinguished by res judicata, unless there is an express order preserving the action.
Sim Geok Seng (alias Sim Eng Seng Robert) v Lee Kim Kiat [2007] SGHC 100
The court held that in a long marriage, the court should lean towards equal division of matrimonial assets unless the circumstances show that such a division would be inequitable.