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Walton International Group (Singapore) Pte Ltd and others v Yau Kwok Seng Winston and another [2011] SGHC 144

The court dismissed the plaintiffs' claims for breach of contract, conspiracy, and other torts, finding that the plaintiffs failed to prove solicitation of staff or that the defendants' actions caused the plaintiffs' losses.

Sushant Shukla· ·14 min read
Singapore

Eu Kong Weng v Singapore Medical Council

The court affirmed the Disciplinary Committee's finding of professional misconduct for failure to obtain informed consent and upheld the mandatory minimum three-month suspension.

Sushant Shukla· ·12 min read
Singapore

Vorobiev Nikolay v Lush John Frederick Peters and others

The court held that Switzerland was the more appropriate forum for the trial of the action, as the torts of misrepresentation and conspiracy were committed in Switzerland, and Swiss law governed the claims.

Sushant Shukla· ·15 min read
Singapore

Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd

The court held that the question of whether a settlement agreement exists is a matter for the arbitral tribunal to decide, as it falls within the scope of the arbitration clause and the tribunal's jurisdiction to rule on its own jurisdiction.

Sushant Shukla· ·14 min read
Singapore

Dien Ghin Electronic (S) Pte Ltd v Khek Tai Ting (trading as Soon Heng Digitax)

Dien Ghin Electronic (S) Pte Ltd v Khek Tai Ting (trading as Soon Heng Digitax) [2011] SGHC 36 is a significant High Court decision concerning the validity and infringement of Singapore Patent No 89534, which related to a "transportation status display system" primarily utilized

Sushant Shukla· ·14 min read
Singapore

Scintronix Corp Ltd v Ho Kang Peng and another

The court held that bifurcation of liability and damages is appropriate where it is just and convenient to do so, particularly when the liability issue, if decided in one way, is likely to dispose of the case, thereby saving time and costs.

Sushant Shukla· ·13 min read
Singapore

The "Dolphina"

A party may be liable for unlawful means conspiracy if it combines with others to commit an unlawful act with the intention of injuring the plaintiff, even if the party's participation is by omission in furtherance of a common design.

Sushant Shukla· ·15 min read
Singapore

Chen Chun Kang v Zhao Meirong

A decision to adjourn the hearing of an application can be regarded as an “order” under s 29A(1) of the SCJA, and the court has inherent jurisdiction to adjourn a hearing in the interests of justice.

Sushant Shukla· ·14 min read
Singapore

XZ v YA

The court held that a loan from a parent to a couple for the purchase of a matrimonial home is a joint loan and should not be treated as a direct financial contribution of one spouse alone, as this would lead to double-counting.

Sushant Shukla· ·15 min read
Singapore

Walton International Group (Singapore) Pte Ltd and others v Yau Kwok Seng Winston and another

The court dismissed the plaintiffs' claims for breach of contract, conspiracy, and other torts, finding that the plaintiffs failed to prove solicitation of staff or malicious falsehoods, and that the plaintiffs' own management actions contributed to staff insecurity.

Sushant Shukla· ·16 min read
Singapore

Rafat Ali Rizvi v Ing Bank NV Hong Kong Branch

The court held that a statutory demand must be set aside if the debt was incurred outside Singapore and is not enforceable by a judgment or award in Singapore, pursuant to s 61(1)(d) of the Bankruptcy Act.

Sushant Shukla· ·15 min read
Singapore

Communication Design International Ltd v Swarovski Management Pte Ltd

The plaintiff failed to prove the existence of an oral agreement containing a 'Buy Back Term' on a balance of probabilities, as the evidence was uncorroborated and contained significant inconsistencies.

Sushant Shukla· ·13 min read
Singapore

Tan Chin Heng v Public Prosecutor [2011] SGHC 7

An appellate court will not overturn findings of fact made by a trial judge unless there is obvious evidence on the record that the facts were wrong.

Sushant Shukla· ·14 min read
Singapore

Eu Kong Weng v Singapore Medical Council [2011] SGHC 68

The court affirmed the Disciplinary Committee's findings of fact regarding a doctor's failure to obtain informed consent and upheld the mandatory minimum three-month suspension.

Sushant Shukla· ·14 min read
Singapore

Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46

The court held that the question of whether a settlement agreement exists is a matter for the arbitral tribunal to decide, as it falls within the scope of the arbitration clause and the tribunal's jurisdiction under Article 16 of the Model Law.

Sushant Shukla· ·12 min read
Singapore

Spectramed Pte Ltd v Lek Puay Puay and others and another suit [2011] SGHC 43

The court held that the company was a quasi-partnership and that the majority shareholders' attempts to divert business opportunities constituted oppressive conduct under s 216 of the Companies Act.

Sushant Shukla· ·14 min read
Singapore

Zhang Yijun and others v ING Asia Private Bank Ltd [2011] SGHC 231

An action should normally be tried in its entirety, and a party seeking bifurcation must show special reasons for it; saving time and costs is not a sufficient reason if the evidence is already intertwined.

Sushant Shukla· ·11 min read
Singapore

Lee Chee Wei v Tan Hor Peow Victor [2011] SGHC 175

The court held that substituted service by posting on the door of a debtor's last known address is valid if there is evidence that the debtor is evading service and that the notice would likely be brought to the debtor's attention, even if the debtor is out of the jurisdiction.

Sushant Shukla· ·16 min read
Singapore

Ong Jane Rebecca v PricewaterhouseCoopers and others [2011] SGHC 146

The court held that there is no basis for the argument that once an application has been filed it must be heard, and that the registrar is entitled to reject an application filed out of time.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Ang Seng Thor [2011] SGHC 134

The court held that there is no hard-edged distinction between public and private sector corruption for sentencing purposes; custodial sentences may be appropriate for private sector corruption depending on the gravity of the offence and policy considerations.

Sushant Shukla· ·12 min read
Singapore

Ng Irene v Tan Meng Heng Robin [2011] SGHC 128

An offer to vary a court order remains open for acceptance until it is withdrawn or a reasonable time has elapsed, and the court will consider the circumstances to determine what constitutes a reasonable time.

Sushant Shukla· ·14 min read
Singapore

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

The court held that the debtor's decision to make a payment was influenced by a desire to prefer the creditor, and that commercial pressure did not negate this desire where the debtor had a subjective desire to prefer the creditor due to past support.

Sushant Shukla· ·16 min read
Singapore

Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd and another appeal

The phrase 'subject to contract' in a commercial transaction is prima facie evidence that the parties do not intend to be legally bound until a formal contract is executed, unless there is strong and exceptional evidence to the contrary.

Sushant Shukla· ·14 min read
Singapore

CRW Joint Operation v PT Perusahaan Gas Negara (Persero) TBK

An arbitral tribunal exceeds its jurisdiction if it enforces a binding but non-final DAB decision as a final award without reviewing the merits of the underlying dispute as required by the FIDIC contract.

Sushant Shukla· ·13 min read