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Ter Yin Wei v Lim Leet Fang

A discharge voucher signed in full and final settlement of all claims arising from an accident is binding and covers all claims, including those not yet identified or formulated, unless specifically reserved.

Sushant Shukla· ·13 min read
Singapore

Simon Suppiah Sunmugam v Chua Geok Teck and another

The court held that the arrest of the plaintiff by the auxiliary police officer was justified under the Criminal Procedure Code as the plaintiff was obstructing the officer in the execution of his duty and there were reasonable grounds for suspicion.

Sushant Shukla· ·12 min read
Singapore

Edwards Jason Glenn v Australia and New Zealand Banking Group Ltd

The court held that the bank was entitled to redenominate the borrower's loans under the terms of the facility agreement, and that the default interest rate was not a penalty.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Vitria Depsi Wahyuni

The court held that an increase in the maximum statutory penalty for an offence does not necessitate an automatic increase in the sentence imposed for that offence.

Sushant Shukla· ·12 min read
Singapore

Join-Aim Pte Ltd v BS Mount Sophia Pte Ltd and another

Unconscionability is a separate and independent ground for the court to grant an interim injunction restraining a beneficiary from making a call on a performance bond.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Ong Eng Teck

The court held that the prosecution proved beyond reasonable doubt that the respondent had knowledge of the sham employment relationships and had orchestrated the deception to obtain SDF subsidies.

Sushant Shukla· ·13 min read
Singapore

International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd and another

An arbitration clause in a main agreement can be binding on a third party who enters into supplemental agreements with the original parties, provided that the agreements are objectively intended to be read as a composite whole.

Sushant Shukla· ·14 min read
Singapore

OpenNet Pte Ltd v Info-communications Development Authority of Singapore

The court held that the Telecommunications Act (TA) governs the regulatory powers of the IDA in the telecommunications sector, and that s 69 of the TA provides the exclusive recourse for aggrieved licensees, precluding judicial review where alternative remedies were not exhausted

Sushant Shukla· ·14 min read
Singapore

Daimler South East Asia Pte Ltd v Front Row Investment Holdings (Singapore) Pte Ltd

The adoption of the ICC Rules of Arbitration (specifically Art 28(6) of the 1998 Rules) constitutes an agreement to exclude the right of appeal to the High Court under s 49(1) of the Arbitration Act.

Sushant Shukla· ·14 min read
Singapore

Global Distressed Alpha Fund I Ltd Partnership v Integrated Financial Advisory Ltd

The court held that a foreign entity cannot be deemed to have submitted to the jurisdiction of a foreign court for the purposes of the Reciprocal Enforcement of Commonwealth Judgments Act merely by paying the legal costs of a party in those proceedings.

Sushant Shukla· ·15 min read
Singapore

A/S Dan-Bunkering Ltd v Tan Chee Hiong Alan

Interlocutory injunctions are granted sparingly and with caution; the court must balance convenience, and difficulty in assessing damages is not a sufficient reason alone to grant an injunction.

Sushant Shukla· ·14 min read
Singapore

Phua Kiah Mai and another v Foo Jong Peng and others

In the absence of an express provision in the rules of an association, the management committee cannot remove its members before their fixed terms are up.

Sushant Shukla· ·15 min read
Singapore

Zweite Ms "Philippa Schulte" Shipping GmbH & Co KG & another v PSA Corp Ltd

A plaintiff in a negligence claim for property damage must prove legal ownership or possessory title to the property at the time of the damage.

Sushant Shukla· ·14 min read
Singapore

AXW v AXX

The court clarifies that when dividing matrimonial assets, the 'Effective Division' method (dividing total assets before CPF refunds) is preferred over the 'Partial Division' method (dividing assets after CPF refunds) to ensure consistency and meaningful comparison with precedent

Sushant Shukla· ·12 min read
Singapore

Christanto Radius v Public Prosecutor

The High Court has the power to grant bail to fugitives facing extradition proceedings either under s 97 of the Criminal Procedure Code 2010 or by invoking its inherent jurisdiction.

Sushant Shukla· ·14 min read
Singapore

Crédit Industriel et Commercial v Teo Wai Cheong [2012] SGHC 94

The decision in [2012] SGHC 94 represents a significant High Court ruling concerning the evidentiary and contractual complexities inherent in private banking relationships, specifically where high-value investment instructions are communicated orally via telephone without contemp

Sushant Shukla· ·14 min read
Singapore

Ter Yin Wei v Lim Leet Fang [2012] SGHC 82

A discharge voucher containing the phrase 'all claims we have or may have' in a settlement agreement is clear and unambiguous, and covers all claims including those not yet identified or formulated at the time of settlement.

Sushant Shukla· ·13 min read
Singapore

Jesuraj Daniel v Vadivelu Pandi Devi and another [2012] SGHC 60

The court held that the transfer of shares was made on trust for the plaintiff to protect business assets from potential divorce proceedings, and ordered the return of the shares.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lim Yong Nam [2012] SGHC 45

A Magistrate has no authority under the Extradition Act to grant bail once a warrant of committal has been issued.

Sushant Shukla· ·15 min read
Singapore

Long Say Ting Daniel v Merukh Nunik Elizabeth (personal representative of the estate of Merukh Jusuf, deceased) (Motor-Way Credit Pte Ltd, intervener) [2012] SGHC 250

Section 391 of the Companies Act pertains only to an action brought by the corporation against an applicant listed in s 391(3) of the Act, and does not extend to claims brought by third parties.

Sushant Shukla· ·13 min read
Singapore

Tan Eck Hong v Maxz Universal Development Group Pte Limited [2012] SGHC 240

The court held that the Second Shareholders' Agreement was valid and enforceable, as the plaintiff had furnished consideration by renouncing his veto rights and commercial expectations under previous agreements, and the defendant's director had apparent authority to enter into th

Sushant Shukla· ·14 min read
Singapore

Pilkadaris Terry and others v Asian Tour (Tournament Players Division) Pte Ltd and another and another suit [2012] SGHC 236

Regulation 1.10 of the Asian Tour's 2009 and 2010 Regulations, which restricted members from participating in third-party golf tournaments without release, was an unreasonable restraint of trade and therefore void.

Sushant Shukla· ·14 min read
Singapore

BDC v BDD [2012] SGHC 211

Leave to appeal in custody matters under the Women's Charter requires meeting one of the three limbs established in Lee Kuan Yew v Tang Liang Hong; an ordinary custody dispute without novel points of law or prima facie error does not warrant leave.

Sushant Shukla· ·15 min read
Singapore

Virsagi Management (S) Pte Ltd v Welltech Construction Pte Ltd and another suit [2012] SGHC 207

The court stayed proceedings in Singapore on the grounds of lis alibi pendens and forum non conveniens, finding that Bangladesh was the more appropriate forum for the dispute.

Sushant Shukla· ·14 min read