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Singapore

Toh Her Chiew (Zhuo Huoshu) and another v Grand Isle Holdings Pte Ltd [2012] SGHC 201

Pleadings must identify the cause of action (contract or tort) and not merely set out evidence; further and better particulars are not for the purpose of obtaining evidence.

Sushant Shukla· ·12 min read
Singapore

A/S Dan-Bunkering Ltd v Tan Chee Hiong Alan [2012] SGHC 145

The court held that an interlocutory injunction should be granted sparingly and that the difficulty of assessing damages is not a sufficient reason in itself to grant an injunction.

Sushant Shukla· ·15 min read
Singapore

Phua Kiah Mai and another v Foo Jong Peng and others [2012] SGHC 14

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

Sushant Shukla· ·14 min read
Singapore

eSys Technologies Pte Ltd v nTan Corporate Advisory Pte Ltd [2012] SGHC 136

The court held that it was an implied term of the engagement letter that the defendant was obliged to provide an account of its time costs to the plaintiff, but the plaintiff's claim for such an account was dismissed due to laches and lack of bona fides.

Sushant Shukla· ·13 min read
Singapore

Fam Shey Yee v Public Prosecutor [2012] SGHC 134

A conviction under s 70(4)(a) of the Road Traffic Act is not to be treated as a conviction under s 67 for all purposes, but the punishment in s 67(2) applies to a s 70(4)(a) offence.

Sushant Shukla· ·12 min read
Singapore

Win-Win Aluminium Systems Pte Ltd v Law Society of Singapore [2012] SGHC 123

A solicitor is not obliged to verify a client's instructions with other sources unless there is compelling evidence that they are dubious, and a solicitor is not the judge of the truth of those instructions.

Sushant Shukla· ·15 min read
Singapore

Pang Swee Kang v Low Chui Ying Foreen and another [2012] SGHC 12

The court held that the transfer of shares was null and void due to the transferor's lack of mental capacity and failure to comply with the Companies Act and the company's Articles of Association.

Sushant Shukla· ·14 min read
Singapore

Low Leong Meng v Koh Poh Seng [2012] SGHC 1

This case clarifies that successful litigants are generally entitled to costs even if some of their arguments were unsuccessful. The court ruled that costs should only be denied if the failed issues were raised unreasonably or caused significant delays.

Sushant Shukla· ·14 min read
Singapore

Sivakami d/o Sivanantham v Attorney-General [2012] SGHCR 5

The decision in Sivakami d/o Sivanantham v Attorney-General [2012] SGHCR 5 represents a significant judicial examination of the intersection between a plaintiff’s duty to mitigate loss and the subjective psychological barriers that may impede that duty. The case arose from a pers

Sushant Shukla· ·14 min read
Singapore

Piong Michelle Lucia v Lau Kee Swan

The court has no jurisdiction to order security for costs under O 23 r 1(1)(a) of the Rules of Court if the applicant fails to prove on the balance of probabilities that the plaintiff is ordinarily resident out of the jurisdiction.

Sushant Shukla· ·13 min read
Singapore

Teleoptik-Ziroskopi and others v Westacre Investments Inc and other appeals

The court held that a trial was necessary to resolve factual issues regarding the beneficial ownership of funds in garnishee proceedings, as summary determination was inappropriate where the legal issues depended on disputed facts.

Sushant Shukla· ·16 min read
Singapore

Foo Jong Peng and others v Phua Kiah Mai and another

The court held that there was no implied term in the Association's Rules permitting the Management Committee to remove office bearers before the expiry of their fixed terms, as such a term was not necessary for business efficacy.

Sushant Shukla· ·16 min read
Singapore

Pathip Selvan s/o Sugumaran v Public Prosecutor

The court held that the accused was entitled to the partial defence of provocation because the deceased's taunt about his sexual prowess, in the context of their turbulent relationship, was grave and sudden enough to cause an ordinary person to lose self-control.

Sushant Shukla· ·14 min read
Singapore

Khoo Jeffrey and others v Life Bible-Presbyterian Church and others

The Court of Appeal issued a supplementary judgment setting out the terms of reference for a High Court judge to determine a Scheme for the use and maintenance of charitable trust premises.

Sushant Shukla· ·15 min read
Singapore

ADP v ADQ [2012] SGCA 6

The Singapore courts have jurisdiction under the Women's Charter to order the division of matrimonial assets and maintenance even if the marriage is found to be void.

Sushant Shukla· ·13 min read
Singapore

Mano Vikrant Singh v Cargill TSF Asia Pte Ltd [2012] SGCA 42

A forfeiture-for-competition clause that operates on vested benefits constitutes a restraint of trade, as it effectively restrains an employee from competing by threatening the forfeiture of vested rights.

Sushant Shukla· ·13 min read
Singapore

Goh Sin Huat Electrical Pte Ltd v Ho See Jui (trading as Xuanhua Art Gallery) and another [2012] SGCA 32

An appellate court will only interfere with a trial judge's apportionment of liability if there is an error in principle, misapprehension of facts, or if the decision is plainly wrong.

Sushant Shukla· ·15 min read
Singapore

Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala [2012] SGCA 16

A non-exclusive jurisdiction clause is a factor to be considered in a forum non conveniens analysis but does not automatically make the chosen forum the most appropriate one, especially if the defendant fails to discharge the burden of proving it is clearly or distinctly more app

Sushant Shukla· ·14 min read