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Singapore

Jiangsu Hantong Ship Heavy Industry Co Ltd and Another v Sevan Holding I Pte Ltd

The court dismissed an application to set aside a stay of proceedings, affirming that the term 'dispute' in an arbitration clause is interpreted broadly. Unless liability is unequivocally admitted, court proceedings will be stayed in favour of arbitration.

Sushant Shukla· ·15 min read
Singapore

Phua Kong Yang v Public Prosecutor

The court reduced the custodial sentence for an offence of unlawful assembly, noting that while a custodial sentence was appropriate due to the public nature of the violence and the accused's antecedents, the lack of premeditation and the accused's role warranted a reduction.

Sushant Shukla· ·11 min read
Singapore

Agrolex Private Limited v IFS Capital Limited

A party is entitled to rely on conditions precedent in a contract, and a plaintiff must provide evidence to substantiate its claim for damages.

Sushant Shukla· ·14 min read
Singapore

Tan Kah Hock and Another v Chou Li Chen and Others

A defendant who pays a judgment sum to the plaintiff cannot have that sum unilaterally re-characterised by the plaintiff as being held on trust for other potential claims.

Sushant Shukla· ·14 min read
Singapore

Rajaratnam Kumar v Estate of Rajaratnam Saravanamuthu, deceased and Another and Another Suit

A party cannot unilaterally impose a condition on their own discovery obligations based on the other party's failure to comply with a separate discovery order, especially when the original discovery order was not an 'unless' order.

Sushant Shukla· ·14 min read
Singapore

Sobati General Trading LLC v PT Multistrada Arahsarana

An arbitral award will not be set aside for breach of natural justice where the parties had ample opportunity to address the issues and the tribunal's conclusion was based on evidence presented by the parties.

Sushant Shukla· ·14 min read
Singapore

Chee Mu Lin Muriel v Chee Ka Lin Caroline (Chee Ping Chian Alexander and another, interveners)

The court held that the 1996 Will was invalid due to the testatrix's lack of testamentary capacity and the presence of suspicious circumstances surrounding its execution, which the propounder failed to dispel.

Sushant Shukla· ·14 min read
Singapore

Tng Kay Lim v Wong Fook Yew and Another

A guarantor has the right to call upon a co-guarantor to contribute towards his liability if he has made a payment in excess of his own share of liability, and this right is founded in equity.

Sushant Shukla· ·13 min read
Singapore

Tiger Airways Pte Ltd v Swissport Singapore Pte Ltd

A party cannot rely on a contractual termination clause triggered by the revocation or cancellation of a licence if that party voluntarily requested the cancellation of its own licence.

Sushant Shukla· ·14 min read
Singapore

MediaCorp News Pte Ltd v Astro All Asia Networks PLC

The court held that there was no likelihood of confusion between the marks in the context of Class 35 services provided to commercial enterprises, as the marks were visually and conceptually distinct enough to discerning consumers.

Sushant Shukla· ·14 min read
Singapore

Surender Singh s/o Jagdish Singh And Another (administrators of the estate of Narindar Kaur d/o Sarwan Singh) v Li Man Kay and Others

The court held that the defendants were not negligent in the performance of the HALDN procedure, but NUH was negligent in failing to monitor the patient post-operatively in the general ward.

Sushant Shukla· ·16 min read
Singapore

Public Prosecutor v Ng Yong Leng

The offence of carrying on the business of conveying prohibited immigrants under s 57(1)(c) of the Immigration Act does not require the act of conveyance to be completed for the offence to be committed.

Sushant Shukla· ·14 min read
Singapore

AAT v AAU

The court determined ancillary matters in a divorce, including the division of matrimonial assets and maintenance, guided by the Women's Charter and the principles in NK v NL.

Sushant Shukla· ·14 min read
Singapore

Chan Chin Cheung v Chan Fatt Cheung and Others [2009] SGHC 96

A stay of proceedings on the ground of forum non conveniens is appropriate where the action is effectively a continuation of foreign proceedings and the foreign court is the more appropriate forum to resolve the dispute.

Sushant Shukla· ·13 min read
Singapore

American International Assurance Co Ltd v Wong Cherng Yaw and Others [2009] SGHC 89

The court held that in an application for interim payment under O 29 r 12 of the Rules of Court, the court must adopt a two-stage process: first, to be satisfied that the applicant would obtain judgment for a substantial sum, and second, to exercise its discretion to order an int

Sushant Shukla· ·14 min read
Singapore

Teo Sew Eng v Public Prosecutor [2009] SGHC 88

A custodial sentence for aiding and abetting mischief by fire was reduced on appeal, taking into account the family context and the fact that principal offenders received probation.

Sushant Shukla· ·15 min read
Singapore

Salwant Singh s/o Amer Singh v Public Prosecutor [2009] SGHC 67

An applicant who is not entitled to appeal to the Court of Criminal Appeal cannot rely on Rule 11 of the Supreme Court (Criminal Appeals) Rules to request the assignment of counsel.

Sushant Shukla· ·15 min read
Singapore

Pacific Rover Pte Ltd v Yickvi Realty Pte Ltd [2009] SGHC 63

The court held that a dominant tenement owner is not entitled to an injunction to restrain the realignment of a right of way where the realignment is an improvement, causes no major inconvenience, and does not pose a greater danger to safety.

Sushant Shukla· ·14 min read
Singapore

XZ v YA [2009] SGHC 51

A consent maintenance order may be varied if there is a material change in circumstances, such as a material misrepresentation by one party that induced the other to enter into the agreement.

Sushant Shukla· ·14 min read
Singapore

AAG v Estate of AAH, deceased [2009] SGHC 33

The court held that illegitimate children are not entitled to claim maintenance under the Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) as the Act was intended to mirror the UK Inheritance (Family Provision) Act 1938 before its amendment by the Family Law Reform Act 1

Sushant Shukla· ·15 min read
Singapore

Swissco Offshore Pte Ltd v Seabed Offshore Pte Ltd [2009] SGHC 30

The court held that the plaintiff was in breach of the MOA by failing to provide the required documentation (specifically the load test certificate confirmed by Class) by the completion date, thus justifying the defendant's refusal to complete the sale.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lim Teck Choon [2009] SGHC 3

Offering a bribe to a police officer without solicitation warrants a custodial sentence, and departure from this benchmark is only justified in exceptional circumstances.

Sushant Shukla· ·12 min read
Singapore

Jiangsu Hantong Ship Heavy Industry Co Ltd and Another v Sevan Holding I Pte Ltd [2009] SGHC 288

The court will broadly interpret the term 'dispute' in an arbitration clause and will stay court proceedings in favour of arbitration unless the defendant has unequivocally admitted that the claim is due and payable.

Sushant Shukla· ·14 min read
Singapore

Clifford Development Pte Ltd v Commissioner of Stamp Duties

A scheme for reconstruction under s 15(1)(a) of the Stamp Duties Act requires that the shareholding remains substantially the same (at least 90%) after the reconstruction, and the Commissioner is entitled to look at the totality of the transaction, including subsequent events, to

Sushant Shukla· ·14 min read