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Singapore

JTC Corp v Chin Hong Printing Pte Ltd [2014] SGHC 115

The court held that there was no representation by the landlord that would prevent it from seeking vacant possession after the lease had expired and no renewal had occurred.

Sushant Shukla· ·13 min read
Singapore

Lau Tyng Tyng v Lau Boon Wee [2014] SGHC 114

Clause 4 of the Will was held to be precatory in nature and not legally binding, as it was an expression of the Testator's wishes rather than an enforceable condition.

Sushant Shukla· ·13 min read
Singapore

Ten Leu Jiun Jeanne-Marie v National University of Singapore

The court held that communications sent by a third party (MOE) on behalf of a defendant to a plaintiff, which constitute a genuine attempt to resolve a dispute, are protected by 'without prejudice' privilege, even if not expressly marked as such.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Lim Ghim Peow

In sentencing for culpable homicide not amounting to murder where the offender suffers from a mental disorder, the court must balance public interest and the offender's condition, with retribution being the primary principle when the offence is heinous and premeditated.

Sushant Shukla· ·13 min read
Singapore

Koh Jing Kwang v Public Prosecutor

The mens rea for voluntarily causing grievous hurt under s 322 of the Penal Code requires actual knowledge or intention, and does not encompass rashness or negligence.

Sushant Shukla· ·13 min read
Singapore

Mak Saw Ching v Yam Hui Min, Barbara Rebecca

A resulting trust will not be implied against the actual intentions of the transferor, and the presumption of resulting trust is a weak inference that is rebutted by evidence of a gift.

Sushant Shukla· ·13 min read
Singapore

Ram Parshotam Mittal v Portcullis Trustnet (Singapore) Pte Ltd and others

A limited stay of proceedings may be granted under the court's inherent jurisdiction or s 18 of the SCJA to promote international comity and reduce the risk of conflicting judgments, without needing to satisfy the strict forum non conveniens test.

Sushant Shukla· ·15 min read
Singapore

Manharlal Trikamdas Mody and another v Sumikin Bussan International (HK) Limited

The court held that statutory rights under ss 76(1)(c) and 105 of the Bankruptcy Act are personal to the Official Assignee and incapable of assignment, and that the Plaintiffs failed to establish a good arguable case for service out of jurisdiction due to material non-disclosure

Sushant Shukla· ·14 min read
Singapore

Tech-System Design & Contract (S) Pte Ltd v WYWY Investments Pte Ltd

The court held that a call on a performance bond is only enjoinable if the applicant establishes a strong prima facie case of unconscionable conduct, which requires evidence of bad faith, abuse, or dishonesty.

Sushant Shukla· ·15 min read
Singapore

CCM Industrial Pte Ltd v 70 Shenton Pte Ltd and another [2014] SGHC 75

An applicant for an injunction to restrain a beneficiary from calling on a performance bond must establish a strong prima facie case of unconscionability.

Sushant Shukla· ·14 min read
Singapore

Tech-System Design & Contract (S) Pte Ltd v WYWY Investments Pte Ltd [2014] SGHC 57

An injunction to restrain a call on a performance bond will only be granted if the applicant establishes a strong prima facie case of unconscionability, which requires evidence of bad faith, abuse, or dishonesty.

Sushant Shukla· ·14 min read
Singapore

Wong Swee Hor v Tan Jip Seng and others [2014] SGHC 263

The court held that Mdm Wong and Mdm Du were both lawful secondary wives of the deceased under Chinese customary law as it existed prior to 15 September 1961, based on evidence of their recognition as wives by the deceased and his family.

Sushant Shukla· ·13 min read
Singapore

Elbow Holdings Pte Ltd v Marina Bay Sands Pte Ltd [2014] SGHC 26

The court held that the Development Agreement between the Defendant and the Singapore Tourism Board was not protected by the Official Secrets Act as the STB was not a specified organisation under the Act, and the Defendant failed to prove the agreement was entered into on behalf

Sushant Shukla· ·14 min read
Singapore

Chandra Winata Lie v Citibank NA [2014] SGHC 259

A plaintiff cannot commence a suit for unauthorised trading without pleading a positive assertion that he did not authorise the transactions, as failure to do so renders the claim speculative and an abuse of process.

Sushant Shukla· ·13 min read
Singapore

Telemedia Pacific Group Ltd v Credit Agricole (Suisse) SA (Yeh Mao-Yuan, third party) [2014] SGHC 235

A bank is entitled to rely on its mandate and conclusive evidence clauses in the absence of fraud or misrepresentation, even if the instructions were given by an authorised signatory whose authority was not revoked in accordance with the mandate.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Lim Ghim Peow [2014] SGHC 19

In sentencing for culpable homicide not amounting to murder where the offender suffers from a mental disorder, the court must balance public interest and the offender's condition, with retribution being the primary principle when the crime is heinous and premeditated.

Sushant Shukla· ·13 min read
Singapore

ANH v ANI [2014] SGHC 184

In long marriages, the court tends to lean towards an equal division of matrimonial assets as it is the closest approximation to justice in the absence of a precise formula for calculating contributions.

Sushant Shukla· ·13 min read
Singapore

Manharlal Trikamdas Mody and another v Sumikin Bussan International (HK) Limited [2014] SGHC 123

The decision in [2014] SGHC 123 represents a significant examination of the jurisdictional boundaries of the Singapore High Court when confronted with an application to restrain foreign enforcement proceedings initiated by a foreign creditor with no presence in Singapore. The dis

Sushant Shukla· ·15 min read
Singapore

Nandakishor s/o Raj Pat Ahir v Public Prosecutor [2014] SGHC 121

The variance of urine test results should be calculated by dividing the deviation of each result from the mean by the mean, expressed as a percentage. A variance within 20% is acceptable under international forensic standards.

Sushant Shukla· ·14 min read
Singapore

Indian Overseas Bank v Svil Agro Pte Ltd and others [2014] SGHC 106

The High Court has the inherent power under O 92 r 4 of the Rules of Court to try a case on the merits even if the defendant has not entered an appearance, particularly where a default judgment would be unenforceable in the jurisdiction where the defendant has assets.

Sushant Shukla· ·13 min read
Singapore

Burgundy Global Exploration Corp v Transocean Offshore International Ventures Ltd and another appeal

A party cannot recover damages for breach of a contract (the Drilling Contract) in an action founded on a separate contract (the Escrow Agreement), even if the breach of the latter entitles the party to terminate the former.

Sushant Shukla· ·13 min read
Singapore

Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] SGCA 35

The doctrine of frustration applies where a supervening event, without fault of either party, renders contractual obligations radically different from those contemplated. The unavailability of a mutually contemplated source of supply can frustrate a contract.

Sushant Shukla· ·17 min read