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DANIAL PATRICK HIGGINS v PHIL EMANUEL MULACEK & 2 Ors
The judgment in [2016] SGHC 205 represents a significant exploration of the boundaries between contractual entitlement, restitutionary claims, and the stringent fiduciary obligations imposed upon corporate directors. The litigation comprised two consolidated suits: Suit 244 of 20
NGEE ANN DEVELOPMENT PTE LTD v TAKASHIMAYA SINGAPORE LTD
The court held that the 'prevailing market rental value' in the lease agreement should be interpreted based on the existing configuration of the demised premises, given the long-term symbiotic relationship between the parties.
TOW v TOV
A judge is not required to recuse himself from hearing a subsequent matter simply because he had made adverse findings against a party in an earlier related matter, provided that the judge did not express his views in such outspoken, extreme or unbalanced terms as to cast doubt o
PHOSAGRO ASIA PTE LTD v IOURI PIATTCHANINE
The court held that 'serious misconduct' under an employment contract clause refers to a breach amounting to a repudiatory breach at common law, and that a breach of a 'condition' of the contract (such as a duty of fidelity) constitutes serious misconduct.
VINTAGE BULLION DMCC v MF GLOBAL SINGAPORE. PTE. LIMITED (IN CREDITORS’ VOLUNTARY LIQUIDATION) & 3 Ors
A statutory trust is imposed on moneys accruing to or received on account of customers under the Commodity Trading Act and Securities and Futures Act, which includes Forward Value that has crystallised upon the closing of transactions, but excludes Unrealised Profits which remain
GRAINS AND INDUSTRIAL PRODUCTS TRADING PTE LTD v BANK OF INDIA & Anor
A nominated bank under UCP 600 acts as the issuing bank's agent for receiving documents, and a timely presentation to the nominated bank engages the issuing bank's liability to honour the credit.
ARAB BANKING CORPORATION (B.S.C.) v BOUSTEAD SINGAPORE LIMITED
A guarantor bank acts fraudulently in the reckless sense if it honours a demand it knows or ought to know is invalid, and it is not entitled to be indemnified by its customer for such payment.
Main-line Corporation v United Overseas Bank Ltd and another [2016] SGHC 285
The judgment in Main-line Corporation v United Overseas Bank Ltd and another [2016] SGHC 285 represents the culmination of a protracted legal battle concerning the infringement of Singapore Patent No 86037, titled “Dynamic Currency Conversion for Card Payment Systems”. Following
Forest Fibers Inc and another v K K Asia Environmental Pte Ltd and others [2016] SGHC 282
The court held that a personal undertaking in a contract does not necessarily create a caveatable interest in land, and an injunction cannot be granted to restrain the disposal of assets where there is no proprietary interest or clear negative covenant concerning the land.
Ong Swee Huat v Australia and New Zealand Banking Group Ltd [2016] SGHC 262
The court dismissed an appeal against a statutory demand, finding that the appellant's continued use of a credit facility after its transfer to the respondent bank established a contractual relationship.
Public Prosecutor v Mohamad Noor bin Abdullah [2016] SGHC 257
The court exercised its discretion under s 33B(1)(a) of the MDA to impose life imprisonment and caning instead of the death penalty, as the accused's role was limited to transporting, sending, or delivering the drugs.
JFC Builders Pte Ltd v Permasteelisa Pacific Holdings Ltd [2016] SGHC 247
The definition of 'construction work' in s 3(1) of the Building and Construction Industry Security of Payment Act does not import the common law on fixtures; the test is one of fact and degree regarding whether the works form part of the land.
Law Society of Singapore v Ravi s/o Madasamy [2016] SGHC 242
The court held that in disciplinary proceedings against solicitors, the paramount considerations are the protection of the public and upholding public confidence in the integrity of the legal profession, which may outweigh personal mitigating circumstances such as a mental condit
Geocon Piling & Engineering Pte Ltd (in compulsory liquidation) v Multistar Holdings Ltd (formerly known as Multi-Con Systems Ltd) and another suit [2016] SGHC 240
The court held that the subcontract between the parties was a lump sum contract subject to variations, not a reimbursement contract, and that the plaintiff's claims were not time-barred as the cause of action accrued upon finalisation of accounts.
Grace Electrical Engineering Pte Ltd v EQ Insurance Co Ltd [2016] SGHC 233
The court held that GC9 of the insurance policy was a condition precedent, and the insured's reckless non-compliance with the Fire Safety Act constituted a breach of this condition, absolving the insurer of liability.
Calvin Klein, Inc and another v HS International Pte Ltd and others [2016] SGHC 214
In an application for summary judgment for trade mark infringement, the court must determine if there is a prima facie case of infringement and if the defendant has a real or bona fide defence. Innocent infringement is not a defence in civil trade mark infringement actions.
Tan Swee Wan and another v Lian Tian Yong Johnny [2016] SGHC 206
The court held that paragraph 26(d) of the Statement of Claim should be struck out as it was not relevant to the issue of the Defendant's state of mind and would unduly delay the trial.
The "Chem Orchid" and another matter [2016] SGCA 4
An appeal against a judge's refusal to strike out an action commenced by a writ of summons is precluded by s 34(1)(a) of the SCJA read with para (e) of the Fourth Schedule, meaning no appeal lies to the Court of Appeal without leave.
Clearlab SG Pte Ltd v Ma Zhi and another [2016] SGCA 31
Leave to appeal is required under s 34(2)(b) of the SCJA for an appeal that concerns only the question of costs, even if the appellant has separately appealed against the substantive merits of the same matter.
Arab Banking Corp (B.S.C.) v Boustead Singapore Ltd [2016] SGCA 26
A guarantor bank acts fraudulently in the reckless sense if it honours a demand it knows or ought to know is invalid, and it is not entitled to be indemnified by the account party in such circumstances.
Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10
The principle of necessity does not apply to private associations to excuse apparent bias in disciplinary proceedings, as private bodies can amend their rules to ensure impartial panels.