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Teo Siew Ngoh v Ng Hock Huat [2013] SGHC 82

The court applied a broad brush approach to divide matrimonial assets, awarding the wife 35% of the matrimonial home and 35% of the husband's surplus assets, while awarding a lump sum maintenance of $180,000 in lieu of periodic maintenance.

Sushant Shukla· ·14 min read
Singapore

Chan Kin Foo v City Developments Ltd [2013] SGHC 61

The court held that a collective sale process under the Land Titles (Strata) Act does not violate Article 12 of the Constitution as it provides equal opportunity to all subsidiary proprietors, and that the UDHR does not form part of local law.

Sushant Shukla· ·13 min read
Singapore

Ryobi-Kiso (S) Pte Ltd v Lum Chang Building Contractors Pte Ltd and another

The court held that a call on a performance bond will only be restrained on the ground of unconscionability if there is a strong prima facie case of conduct so reprehensible or lacking in good faith that a court of conscience would intervene. Mere breaches of contract by the bene

Sushant Shukla· ·15 min read
Singapore

Law Society of Singapore v Wan Hui Hong James

An advocate and solicitor who receives a significant gift from a client must advise the client to seek independent advice and refuse to act in respect of the gift, failing which they may be struck off for dishonesty.

Sushant Shukla· ·14 min read
Singapore

Ong Han Ling v Low Ai Ming Sally (Tito Isaac & Co LLP, garnishee)

The court has discretion to refuse a garnishee order if it would be inequitable or unfair, particularly if it prejudices other creditors in an insolvent estate.

Sushant Shukla· ·13 min read
Singapore

Pang Ah San v Singapore Medical Council

The court affirmed that the loop-PEG procedure was not generally accepted by the profession and that the Appellant's failure to seek approval for a clinical trial constituted professional misconduct.

Sushant Shukla· ·14 min read
Singapore

Lee Pei-Ru Alice and another v Airtrust (Singapore) Pte Ltd

The court held that representations made by the controlling mind of a company (Peter Fong) to investors, assuring them that their investments were without risk and could be exited at any time with repayment by the company, were legally binding on the company.

Sushant Shukla· ·13 min read
Singapore

Beijing Sinozonto Mining Investment Co Ltd v Goldenray Consortium (Singapore) Pte Ltd

The court held that an allegation of fraud or corruption to resist enforcement of a foreign arbitral award under s 31(4)(b) of the IAA must be proved on a balance of probabilities, with the strength of evidence required being commensurate with the seriousness of the allegation.

Sushant Shukla· ·15 min read
Singapore

Tan Poh Weng Andy v Lee Jee

The court declined to record a consent interlocutory judgment in a motor accident claim due to suspicious circumstances surrounding the plaintiff's history of multiple accidents and potential exaggeration of claims, referring the matter to the Attorney-General for investigation.

Sushant Shukla· ·14 min read
Singapore

Kwee Lee Fung Ivon v Lim Gordon

The court held that the marriage was not an equal partnership and that the Wife's contributions were exaggerated, leading to a division of matrimonial assets based on a broad brush approach rather than an equal split.

Sushant Shukla· ·14 min read
Singapore

Chai Kwok Seng Anthony v CCM Group Limited

The parol evidence rule and an entire agreement clause in a written employment contract preclude the admission of extrinsic evidence of a prior oral commission agreement.

Sushant Shukla· ·13 min read
Singapore

Anwar Siraj and another v Teo Hee Lai Building Construction Pte Ltd

An arbitrator has the right to resign for good cause, and the court may grant leave for such discharge where the relationship between the arbitrator and the parties has become acrimonious.

Sushant Shukla· ·14 min read
Singapore

BLB and another v BLC and others

An arbitral award may be set aside under s 24(b) of the IAA and Art 34(2)(a)(iii) of the Model Law where the tribunal fails to address a discrete head of claim submitted to it, resulting in real prejudice.

Sushant Shukla· ·14 min read
Singapore

Edwin s/o Suse Nathen v Public Prosecutor

The court established a sentencing framework for first-time offenders under s 67(1)(b) of the Road Traffic Act, categorised by alcohol concentration levels, and clarified that the absence of aggravating factors is a neutral factor, not a mitigating one.

Sushant Shukla· ·14 min read
Singapore

BFH v Comptroller of Income Tax

Expenditure incurred for the acquisition of 3G spectrum rights and a 3G FBO licence is capital in nature because it provides an enduring benefit and enhances the taxpayer's core business structure.

Sushant Shukla· ·15 min read
Singapore

Koh Lau Keow and others v Attorney-General

A trust declared over property for the purpose of a temple and as a home/sanctuary for Buddhist vegetarian women is a valid charitable purpose trust as it advances religion and confers public benefit.

Sushant Shukla· ·15 min read
Singapore

Comptroller of Income Tax v BJX

A stay of execution pending appeal will not be granted where no appeal has been filed and no special circumstances are shown to justify the stay.

Sushant Shukla· ·12 min read
Singapore

BJV v BJW

The decision in BJV v BJW [2013] SGHC 140 represents a significant High Court ruling on the weight to be accorded to deeds of separation in the determination of ancillary matters. The case involved a cross-border matrimonial dispute between two American citizens of Korean descent

Sushant Shukla· ·13 min read
Singapore

Buergin Juerg v Public Prosecutor

Section 377D(1) of the Penal Code precludes an accused from raising a defence of reasonable mistake as to the age of the victim in a charge under s 376B.

Sushant Shukla· ·14 min read
Singapore

Management Corporation Strata Title Plan No 2668 v Rott George Hugo

The law on occupiers' liability in Singapore is a mere subset of the general law of negligence.

Sushant Shukla· ·12 min read
Singapore

Global Yellow Pages Limited v Promedia Directories Pte Ltd and another suit

The court affirmed the use of an iterative process for keyword-based e-discovery to balance the need for relevant document disclosure with the proportionality of costs.

Sushant Shukla· ·12 min read
Singapore

Quality Assurance Management Asia Pte Ltd v Zhang Qing and others [2013] SGHC 96

A fiduciary who breaches their duty of loyalty is liable for equitable compensation for losses connected to the breach, where common law rules of causation and remoteness do not apply.

Sushant Shukla· ·13 min read
Singapore

Quek Tiong Kheng and another v Chang Choong Khoon Mark and others [2013] SGHC 36

The court dismissed the plaintiffs' summons for leave to adduce further evidence and appeal against the District Court's decision, noting that the time for review of taxation had expired and the summons was essentially an attempt to re-litigate the case.

Sushant Shukla· ·13 min read
Singapore

Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274

The court held that the defendant was not in breach of contract or duty of care in booking funds into the plaintiff's account within 3 minutes and 38 seconds of notification, as the contract expressly allowed up to one business day for such processing.

Sushant Shukla· ·14 min read