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Public Prosecutor v ACI [2009] SGHC 246
The court held that in sentencing for an offence under s 308 of the Penal Code, the court must consider all relevant factors, including the accused's mental state, and that the increase in the maximum sentence by Parliament does not automatically mandate higher sentences for offe
Sobati General Trading LLC v PT Multistrada Arahsarana [2009] SGHC 245
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.
Ho Kiang Fah v Toh Buan Eileen [2009] SGHC 19
A party cannot be debarred from a divorce on the ground of separation under s 95(3)(e) of the Women's Charter even if the separation was caused by their own desertion.
Tiger Airways Pte Ltd v Swissport Singapore Pte Ltd [2009] SGHC 178
Clause 9.3 of the Agreement, which allows for termination upon the revocation, cancellation, or suspension of a permit or licence, does not apply to a situation where the licence holder voluntarily terminates its own licence.
Public Prosecutor v Md Mosharaf and Others [2009] SGHC 163
The court held that in sentencing for culpable homicide not amounting to murder under s 304(b) of the Penal Code, the court must assess each case on its own merits, considering factors such as the degree of force used, the vulnerability of the victim, and the motive for the offen
Hong Kiat Construction Pte Ltd v Ngiam Benjamin [2009] SGHC 158
An arbitrator cannot unilaterally terminate their own appointment, and such termination is distinct from the parties agreeing to terminate the arbitration.
Jurong Port Pte Ltd v Huationg Inland Transport Service Pte Ltd [2009] SGHC 145
The court held that indemnity clauses are to be construed against the party seeking to rely on them to cover their own negligence, and that it is inherently improbable that a party would agree to indemnify another for the latter's own negligence unless the contract is clear.
Anwar Siraj and Another v Ting Kang Chung John and Another [2009] SGHC 129
The court held that an originating summons should not be converted into a writ action where there are no substantial disputes of fact and the allegations of fraud are unsubstantiated.
Acclaim Insurance Brokers Pte Ltd v Navigator Investment Services Ltd [2009] SGHC 12
The court held that a pre-arbitration discovery process is anomalous with the concept of arbitration, and that the court retains discretion to refuse a stay of proceedings where the arbitration was initiated on dubious grounds.
Public Prosecutor v Zurina bte Khairuddin [2009] SGHC 11
A sentence of imprisonment imposed on a person already undergoing reformative training must run immediately and in concurrence with the reformative training sentence, as mandated by Schedule D of the Criminal Procedure Code.
Calwealth Properties Pte Ltd v Management Corporation Strata Title Plan No 562 [2009] SGHC 108
A party is precluded by the doctrine of res judicata from re-litigating issues that have already been decided by a court in previous proceedings.
Gangadharan Gopi v Sartha d/o Venka Dasalam [2009] SGHC 107
The court affirmed that the issue of the respondent's share of the matrimonial property had been conclusively settled in 2004 and that the appellant's failure to pay maintenance arrears required immediate payment.
Yokogawa Engineering Asia Pte Ltd v Transtel Engineering Pte Ltd [2009] SGHC 1
A party is estopped by representation from asserting a dispute resolution mechanism different from the one it represented to the other party, where the other party has relied on that representation to its detriment.
Anwar Siraj and Another v Ting Kang Chung John
The court has the inherent jurisdiction to strike out a notice of appeal that was served out of time, as service is an essential prerequisite for an appeal to come into existence.
Eng Hui Cheh David v Opera Gallery Pte Ltd
Mere silence per se cannot constitute misrepresentation absent exceptional circumstances, and a party must prove that a representation was made to establish an actionable misrepresentation.
Hong Leong Bank Bhd v Soh Seow Poh
The Court of Appeal held that under s 124(4)(c) of the Bankruptcy Act, the court has the discretion to grant an unconditional discharge from bankruptcy even where special facts under s 124(5) are present, provided that the court is satisfied that no appropriate condition can be i
Low Ah Cheow and Others v Ng Hock Guan
A will containing ambiguous language that leads to an irrational or capricious result should be construed in a way that leads to a fair, rational, and reasonable distribution of the estate.
Insigma Technology Co Ltd v Alstom Technology Ltd
An arbitration agreement providing for one arbitral institution to administer an arbitration under the procedural rules of another arbitral institution is valid and enforceable, provided the administering institution can perform the functions required by the rules.
Anwar Siraj and Another v Ting Kang Chung John [2009] SGCA 61
The court has inherent jurisdiction to strike out a notice of appeal that is served out of time, as service is an essential prerequisite for an appeal to come into existence.
Eng Hui Cheh David v Opera Gallery Pte Ltd [2009] SGCA 49
The court held that there was no evidence to prove that the respondent had misrepresented to the appellant that the sculpture was the only one available on the open market, and that the appellant's claim for breach of contract failed as the delivery of the specific sculpture was
Insigma Technology Co Ltd v Alstom Technology Ltd [2009] SGCA 24
An arbitration agreement providing for one arbitral institution to administer an arbitration under the procedural rules of another arbitral institution is valid and enforceable, provided the agreement is workable.