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Attorney-General v Lai Swee Lin Linda [2015] SGHC 269

The court granted an order under s 74 of the SCJA against a vexatious litigant who habitually and persistently instituted proceedings to re-litigate matters that were res judicata.

Sushant Shukla· ·14 min read
Singapore

CWW v CWX

The court determined a single overall ratio of 91.43% (Defendant) to 8.57% (Plaintiff) for the division of matrimonial assets based on a weighted assessment of financial and non-financial contributions.

Sushant Shukla· ·12 min read
Singapore

ARV v ARW

The court applied a broad-brush approach to the division of matrimonial assets, drawing an adverse inference against the husband for his failure to provide full and frank disclosure of his assets.

Sushant Shukla· ·13 min read
Singapore

AQZ v ARA

The court held that relief under s 10(3) of the IAA and Art 16(3) of the Model Law is not available when an arbitral award deals with the merits of the dispute, even if it also contains a ruling on jurisdiction.

Sushant Shukla· ·15 min read
Singapore

Chow Tat Ming Henry v Kea Kah Kim

The court dismissed the claim for breach of an alleged oral agreement due to lack of evidence, commercial improbability, and uncertainty of terms.

Sushant Shukla· ·14 min read
Singapore

AMZ v AXX

An arbitral award will not be set aside for breach of natural justice where the tribunal's findings were based on a reasoned preference for one party's evidence over another, and where the alleged procedural defects were either non-existent or did not cause actual prejudice to th

Sushant Shukla· ·15 min read
Singapore

The "Vinalines Pioneer"

The court held that the externality criterion (that damage must be sustained by a person or property external to the ship) is a necessary requirement for a claim to qualify as 'damage done by a ship' under s 3(1)(d) of the HCAJA.

Sushant Shukla· ·17 min read
Singapore

Ramesh Mohandas Nagrani v United Overseas Bank Ltd

A statutory demand is not automatically invalidated by trivial or inconsequential non-compliance with Form 1 of the Bankruptcy Rules, provided no substantial injustice is caused.

Sushant Shukla· ·14 min read
Singapore

Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd

An assignee of a contractual right is bound by an arbitration agreement contained in the underlying contract under the principle of conditional benefit, but a claim on a promissory note issued pursuant to that contract is not necessarily within the scope of that arbitration agree

Sushant Shukla· ·16 min read
Singapore

Kao Chai-Chau Linda v Fong Wai Lyn Carolyn and others

The court established that remuneration for court-appointed receivers must be fair, reasonable, and proportionate, and introduced a system of 'costs scheduling' to improve transparency and cost control in insolvency proceedings.

Sushant Shukla· ·16 min read
Singapore

Chiam Heng Hsien and another v WongPartnership LLP

A claim that is obviously unsustainable is frivolous and/or vexatious, and an attempt to relitigate issues already determined by the court is an abuse of process.

Sushant Shukla· ·13 min read
Singapore

Chua Swee Kheng v E3 Holdings Ltd and another

The court dismissed an application for leave to bring a derivative action under s 216A of the Companies Act, finding that the applicant failed to establish good faith and that the action was not prima facie in the interests of the company.

Sushant Shukla· ·14 min read
Singapore

Ramindo Sukses Perkasa Pte Ltd v Sim Kwang Oo [2015] SGHC 80

The court has the inherent jurisdiction to strike out an action where a party has contumaciously disregarded court orders, as such conduct is an abuse of process and necessary to maintain the authority of the court.

Sushant Shukla· ·13 min read
Singapore

Vasentha d/o Joseph v Public Prosecutor

The court held that sentencing for drug trafficking must consider both the quantity of drugs (harm) and the culpability of the offender, and that quantity alone is not the sole determinant.

Sushant Shukla· ·16 min read
Singapore

AVM v AWH

The court applied the structured four-step approach from ANJ v ANK to divide matrimonial assets, finding that the husband's bankruptcy did not prevent the court from exercising its jurisdiction under s 112 of the Women's Charter, provided the division did not encroach on assets v

Sushant Shukla· ·12 min read
Singapore

ATU and others v ATY

This case clarifies that corporate plaintiffs in defamation suits are ineligible for aggravated damages. Since a corporation lacks human feelings, it cannot suffer the emotional distress required to justify such an award.

Sushant Shukla· ·14 min read
Singapore

Ship's Equipment Centre Bremen GmbH v Fuji Trading (Singapore) Pte Ltd and others and another suit

The court dismissed the plaintiff's application to amend its patent claims because the amendments disclosed additional matter, extended the scope of protection, and were not clear or concise. Furthermore, the court exercised its discretion to refuse the amendments due to the plai

Sushant Shukla· ·16 min read
Singapore

I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others

The court held that there were no exceptional circumstances justifying the release of confidential information obtained during discovery for the purpose of making a police report, as it would be unduly prejudicial to the defendants.

Sushant Shukla· ·12 min read
Singapore

Petroships Investment Pte Ltd v Wealthplus Pte Ltd and others

An applicant for leave to commence a derivative action under s 216A of the Companies Act must satisfy the court that it is acting in good faith and that the action is prima facie in the interests of the company. A lack of good faith, evidenced by a collateral purpose to pursue pr

Sushant Shukla· ·14 min read
Singapore

Tiong Swee Eng v Yeo Khee Siang

A settlement agreement made in contemplation of divorce is a contract, and general contractual principles regarding misrepresentation apply. Rescission is a discretionary remedy and will not be granted if it is disproportionate to the nature of the misrepresentation.

Sushant Shukla· ·13 min read
Singapore

AMZ v AXX [2015] SGHC 283

An arbitral award will not be set aside for breach of natural justice where the tribunal's findings were based on evidence before it and the alleged procedural defects did not cause actual prejudice to the applicant.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Lim Choon Teck [2015] SGHC 265

The court held that a custodial sentence is generally warranted for rash cycling on pavements that endangers human life or personal safety, with the starting point being a short custodial sentence, calibrated by the degree of rashness, injury, and plea of guilt.

Sushant Shukla· ·13 min read
Singapore

Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd [2015] SGHC 264

An assignee of a contractual right is bound by an arbitration agreement contained in the underlying contract under the principle of conditional benefit, but a claim on a promissory note issued pursuant to that contract is not necessarily within the scope of that arbitration agree

Sushant Shukla· ·15 min read
Singapore

AXF and others v Koh Cheng Huat and another [2015] SGHC 238

The limitation period for dependency claims under s 20(5) of the Civil Law Act is absolute and mandatory, and the court has no power to extend it.

Sushant Shukla· ·13 min read