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Sim Kim Heng Andrew v Wee Siew Gee [2013] SGHC 271
The court held that the division of matrimonial assets in a long marriage where parties have lived apart for a significant period should be based on a broad brush approach, taking into account all contributions, and that equality of division is not a starting point but an end poi
Mitfam International Ltd v Motley Resources Pte Ltd [2013] SGHC 270
The court held that the defendant failed to prove that payments made were advances for goods, finding instead they were reimbursements for payments made by the plaintiff on the defendant's behalf. The defendant's ledger was held inadmissible for failing to meet the requirements o
Lee Pei-Ru Alice and another v Airtrust (Singapore) Pte Ltd [2013] SGHC 259
An agent may be concurrently liable on a contract with their principal, and Peter Fong's representations bound Airtrust as he was the alter ego of the company.
Monetary Authority of Singapore v Huang Zhong Xuan and another [2013] SGHC 242
The court held that the first defendant was the beneficial owner of the bank account held in the name of the second defendant, based on evidence of his control over the account and the lack of credibility of the defendants' witnesses.
Tan Poh Weng Andy v Lee Jee [2013] SGHC 234
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.
Solvadis Commodity Chemicals GmbH v Affert Resources Pte Ltd [2013] SGHC 217
A Mareva injunction may be granted in aid of arbitration under s 12A of the IAA where there is a good arguable case and solid evidence of a real risk of dissipation of assets, and the applicant has fulfilled its duty of full and frank disclosure.
Wang Rui v Yap Chor Peng Freddy [2013] SGHC 210
The plaintiff failed to discharge the burden of proof on the balance of probabilities to establish that she lent the defendant $330,000, as her evidence was internally inconsistent and lacked independent corroboration.
Anwar Siraj and another v Teo Hee Lai Building Construction Pte Ltd [2013] SGHC 200
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 and trust has been lost.
BLB and another v BLC and others [2013] SGHC 196
An arbitral award may be set aside under s 24(b) of the IAA if the tribunal fails to address an essential issue or a discrete head of claim, as this constitutes a breach of natural justice.
Edwin s/o Suse Nathen v Public Prosecutor [2013] SGHC 194
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 does not constitute a mitigating factor.
Strategic Worldwide Assets Ltd v Sandz Solutions (Singapore) Pte Ltd and others (Tan Choon Wee and another, third parties) [2013] SGHC 162
The court held that the plaintiff was entitled to dividends declared by the company as it was the beneficial owner of the shares at the material time, and that the defendants failed to prove the alleged representations that the dividends were for their exclusive benefit.
BFH v Comptroller of Income Tax [2013] SGHC 161
Expenditure incurred to acquire a 3G licence and spectrum rights is capital in nature because it secures an enduring benefit and enhances the core business structure of the taxpayer.
Ma Ong Kee v Cham Poh Meng and another suit [2013] SGHC 144
A defendant who admits a debt but pleads discharge by payment bears the legal and evidential burden of proving that discharge.
Buergin Juerg v Public Prosecutor [2013] SGHC 134
Section 377D(1) of the Penal Code precludes an accused from raising a defence of reasonable mistake as to the age of the minor in a charge under s 376B.
Chiang Sing Jeong and another v Treasure Resort Pte Ltd and others [2013] SGHC 126
A completely constituted express trust for value can be enforced independently of the underlying contract, even if the contract is unenforceable due to statutory requirements like the Statute of Frauds.
Global Yellow Pages Limited v Promedia Directories Pte Ltd and another suit [2013] SGHC 111
The court held that keyword searches in e-discovery should be conceptualised as an iterative sieving process, where parties collaborate to refine search terms to balance accuracy and proportionality.
BDU v BDT [2013] SGHC 106
The court held that the mother failed to establish a grave risk of harm under Article 13(b) of the Hague Convention, as the standard for 'intolerable situation' is high and the mother's own conduct in refusing to return should not be used to create a bar to the child's return.
The "Genius Star II"
Non-disclosure of material facts in an ex parte application for a warrant of arrest is an independent ground for setting aside the warrant. The test for materiality is objective, requiring the applicant to disclose facts that the court might deem relevant, not just what the appli
N K Rajarh and others v Tan Eng Chuan and others
The Court of Appeal held that a collective sale committee (CSC) must act with transparency and even-handedness towards all subsidiary proprietors. The CSC's failure to disclose incentive payment arrangements, which favoured only certain minority proprietors and involved the marke
Nim Minimaart (suing as a firm) v Management Corporation Strata Title Plan No 1079 and others
The Court of Appeal has no jurisdiction to entertain an appeal from a High Court judge's decision in an appellate capacity where the subject matter is below $250,000 and leave to appeal has not been obtained from the High Court.
PT Bakrie Investindo v Global Distressed Alpha Fund 1 Ltd Partnership
An examination of judgment debtor (EJD) proceeding does not constitute 'execution' for the purposes of O 67 r 10(2) of the Rules of Court, as its predominant purpose is to garner information rather than to enforce the judgment.
EFT Holdings, Inc and another v Marinteknik Shipbuilders (S) Pte Ltd and another [2013] SGCA 64
The court held that for a claim of conspiracy by unlawful means, the conspirators must have the intention to injure the claimant, and that mere foreseeability of harm is insufficient. Furthermore, the court clarified that in a tort claim involving foreign elements, the claimant i
N K Rajarh and others v Tan Eng Chuan and others [2013] SGCA 62
A collective sale committee (CSC) owes fiduciary duties to all subsidiary proprietors and must act in good faith, which includes a duty of even-handedness and a duty of disclosure. The CSC's failure to disclose an incentive payment arrangement involving the marketing agent and on