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Singapore

Cheong Lay Yong v Muthukumaran s/o Varthan and another (K Krishna & Partners and another, third parties)

An option to purchase land is a contract sui generis; the countermanding of a cheque given for the option fee amounts to a repudiation of the contract, which does not automatically discharge the contract unless accepted by the vendor.

Sushant Shukla· ·14 min read
Singapore

Agus Anwar v Gainsford Capital Ltd

A statutory demand should be set aside if the debt is disputed on substantial grounds.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Pang Siew Fum and another

The court found that the accused persons' testimonies were not credible and that the prosecution had proved its case beyond reasonable doubt, leading to a conviction for drug trafficking.

Sushant Shukla· ·13 min read
Singapore

Littau Robin Duane v Astrata (Asia Pacific) Pte Ltd

The court held that the defendant established a strong prima facie case of breach of non-compete and non-solicit obligations, justifying the continuation of an interim injunction and search orders.

Sushant Shukla· ·14 min read
Singapore

Soon Kok Tiang and others v DBS Bank Ltd and another matter

The court held that the HN5 contract consisted of the Application Form and the entire Pricing Statement, and that the alleged inconsistencies in the CERA definitions were either reconcilable or correctable as clerical errors.

Sushant Shukla· ·14 min read
Singapore

Anwar Siraj and another v Attorney-General

The court will not grant leave for judicial review where the application is groundless, frivolous, or vexatious, and will not instruct law enforcement agencies on how to exercise their investigative powers.

Sushant Shukla· ·14 min read
Singapore

Jurong Technologies Industrial Corp Ltd (under judicial management) v Coöperatieve Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International, Singapore Branch)

A payment made by a company to a creditor can be set aside as an unfair preference under s 227T of the Companies Act if the company was influenced by a subjective desire to improve the creditor's position in the event of insolvency, even if the company did not know it was imminen

Sushant Shukla· ·13 min read
Singapore

Tan Chin Hoon and others v Tan Choo Suan and others

A person who is not a registered member of a company lacks locus standi to maintain an action for oppression under s 216 of the Companies Act, even if they claim beneficial ownership of shares.

Sushant Shukla· ·13 min read
Singapore

Attorney-General v Shadrake Alan

Imprisonment is the norm for scandalising the court, especially where the contemnor shows no remorse and intends to repeat the contempt.

Sushant Shukla· ·14 min read
Singapore

Tam Chee Chong and another v DBS Bank Ltd

The court held that the granting of a charge by a company to a creditor, motivated by a desire to prefer that creditor due to past support, constitutes an unfair preference under s 99 of the Bankruptcy Act, especially when the company is insolvent.

Sushant Shukla· ·15 min read
Singapore

ALJ v ALK

The court held that joint custody is in the best interests of the children even in cases of high acrimony, provided both parents love the children, and that care and control should remain with the primary caregiver to ensure stability.

Sushant Shukla· ·13 min read
Singapore

Astrata (Singapore) Pte Ltd v Tridex Technologies Pte Ltd and another and other matters

The court held that AGI's Chapter 11 reorganization did not constitute a 'genuine amalgamation or reconstruction' under Singapore law for the purposes of the Escrow Agreement, as it did not involve substantially the same persons carrying on substantially the same business.

Sushant Shukla· ·13 min read
Singapore

Drydocks World LLC (formerly known as Dubai Drydocks World LLC) v Tan Boy Tee

The court dismissed an Originating Summons and an application to convert it to a writ action, finding that the plaintiff's allegations were based on inadmissible hearsay and that the discovery process should not be used to 'fish' for a cause of action.

Sushant Shukla· ·13 min read
Singapore

Dong Ching Jit v Public Prosecutor

The prosecution failed to prove the receipt of gratification beyond reasonable doubt where the evidence relied on a single witness whose testimony was inconsistent and uncorroborated.

Sushant Shukla· ·12 min read
Singapore

Monetary Authority of Singapore v Lew Chee Fai Kevin

The court held that a person connected to a corporation who possesses material non-public information and trades on it contravenes s 218 of the Securities and Futures Act.

Sushant Shukla· ·15 min read
Singapore

Aqua Art Pte Ltd v Goodman Development (S) Pte Ltd

A purchaser who enters into a contract that is void by reason of s 3 of the Residential Property Act cannot recover money paid under the contract if they knew or should have known of the restrictions.

Sushant Shukla· ·14 min read
Singapore

Hwang Cheng Tsu Hsu (by her litigation representative Hsu Ann Mei Amy) v Oversea-Chinese Banking Corp Ltd

A bank's contractual duty to honour a customer's mandate co-exists with a duty to take reasonable care, which includes withholding payment if the bank has reasonable grounds to believe the customer lacks the mental capacity to give valid instructions or is being defrauded.

Sushant Shukla· ·15 min read
Singapore

Law Society of Singapore v Jasmine Gowrimani d/o Daniel

The Disciplinary Tribunal has the discretion to refrain from referring matters to the court of three Judges even if all elements of a disciplinary charge are made out, as 'cause of sufficient gravity' is distinct from 'due cause'.

Sushant Shukla· ·15 min read
Singapore

Bidvest Australia Ltd v Deacons Singapore Ltd and another

A stakeholder's obligations are confined to the express terms of the stakeholder agreement, and the stakeholder is not required to conduct due diligence on the veracity of documents provided to trigger the release of funds unless expressly required by the agreement.

Sushant Shukla· ·15 min read
Singapore

Toh Ah Leng v Four Sea Circuit Board Ltd

The court held that the plaintiff failed to prove his claim for outstanding commission and that the defendant had already paid all commissions due. Furthermore, the plaintiff's claim for damages regarding defective goods supplied to a third party was dismissed as the plaintiff wa

Sushant Shukla· ·14 min read
Singapore

ABD Pte Ltd v Comptroller of Income Tax

Entrance fees for a proprietary club are taxable as income at the time of receipt because the taxpayer becomes legally entitled to them upon the grant of membership, and they are not earned over the duration of the membership.

Sushant Shukla· ·16 min read
Singapore

Sungdo Engineering & Construction (S) Pte Ltd v Italcor Pte Ltd

A document must be intended to be a Payment Claim by the party submitting it, and such intention must be communicated to the recipient, to constitute a valid Payment Claim under the Act.

Sushant Shukla· ·12 min read
Singapore

Lim Weipin and another v Lim Boh Chuan and others [2010] SGHC 99

The plaintiffs failed to prove they were the children of the deceased (LHC) and failed to prove the allegation of impersonation by the deceased's son (Siong).

Sushant Shukla· ·12 min read
Singapore

Law Society of Singapore v Ng Bock Hoh Dixon [2010] SGHC 69

The production of false court documents by an advocate and solicitor, even if done with 'noble' intentions to help a friend and without personal gain, constitutes misconduct unbefitting an advocate and solicitor.

Sushant Shukla· ·14 min read