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MatthewsDaniel International Pte Ltd v Kith Marine & Engineering Sdn Bhd [2018] SGHC 73
An agent who signs a contract without qualification is personally liable, even if the principal is disclosed, unless the contract clearly indicates otherwise.
Ong Lu Ling v Tan Ho Seng [2018] SGHC 65
Unjust enrichment claims require the plaintiff to come to court with clean hands; where the plaintiff is a nominee of a bankrupt and the transaction is dubious, the court will not grant relief.
Peter Low LLC v Higgins, Danial Patrick [2018] SGHC 59
A joint tenant’s interest in immovable property is exigible to a writ of seizure and sale under the statutory framework applicable in Singapore.
Milan International Pte Ltd v Cluny Development Pte Ltd and another [2018] SGHC 33
The court held that the applicant failed to establish a strong prima facie case of fraud or unconscionability to restrain a call on an on-demand performance bond.
Epoch Minerals Pte Ltd v Raffles Asset Management (S) Pte Ltd and others [2018] SGHC 223
Case management is not a legal principle that justifies a stay of proceedings in favour of arbitration against defendants not bound by an arbitration clause.
PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd and others [2018] SGHC 20
Disobedience of an EJD order by failing to attend an EJD hearing amounts to a contempt of court, and the court may impose a custodial sentence for such breaches.
Tay Yun Chwan Henry v Chan Siew Lee Jannie [2018] SGHC 181
The court has the power to lift the suspension of a committal order where the contemnor has breached the conditions of the suspension, and the contemnor's motive is irrelevant to the issue of liability for civil contempt.
Beh Chin Joo and another v Chu Kar Hwa Leonard [2018] SGHC 17
The court held that the sums transferred by the plaintiffs to the defendant were loans rather than gifts, based on contemporaneous email evidence and the defendant's own conduct in making periodic repayments.
Sinolanka Hotels Spa (Private) Limited v Interna Contract SpA [2018] SGHC 157
The court held that the ICC Arbitration Clause in the Letter of Acceptance was the operative arbitration agreement between the parties, as it was incorporated into the Contract Agreement.
Sunrise Industries (India) Ltd v PT OKI Pulp Paper Mills and another [2018] SGHC 145
A call on a performance bond can be restrained on the grounds of fraud or unconscionability, but the threshold is high and requires a strong prima facie case. Genuine disputes regarding contractual performance do not constitute unconscionability.
Traxiar Drilling Partners II Pte Ltd (in liquidation) v Dvergsten, Dag Oivind [2018] SGHC 14
A director owes a fiduciary duty to act bona fide in the interests of the company, which includes a duty to take into account the interests of creditors when the company is in a parlous financial position.
Cheong Soh Chin and others v Eng Chiet Shoong and others [2018] SGHC 131
The court held that the defendants, as trustees and fiduciaries, were in wilful default and were not entitled to be indemnified for unauthorised expenses, and that the plaintiffs were entitled to falsify the account for such expenses.
DHJS Hull No 2007-002 LLC v Skaugen Marine Investments Pte Ltd [2018] SGHC 122
Winding up proceedings should be dismissed where the debt is disputed on substantial grounds and the proceedings are used for collateral purposes.
Lakshmi Prataprai Bhojwani (alias Mrs Lakshmi Jethanand Bhojwani) v Moti Harkishindas Bhojwani [2018] SGHC 121
An executor's duty to account to a beneficiary is limited to the period during which the executor held the assets in their capacity as executor or trustee, and the court may decline to order an account if the duty has been sufficiently discharged or if the request is unreasonable
HRA Corp (SG) Pte Ltd v Cheng Mun Yip Marcus and others [2018] SGHCR 7
The court dismissed an application for interim payment under O 29 r 10 of the Rules of Court because the plaintiff failed to establish the requirements for interim payment, particularly given the existence of a disputed counterclaim (the Bad Debts Agreement) that could potentiall
Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho [2018] SGCA 81
The court held that it has jurisdiction to set aside an arbitral award under Art 34(2)(a)(iii) of the Model Law where the tribunal lacked jurisdiction, and that the PCA Tribunal lacked jurisdiction over the dispute as the alleged investment did not bear the requisite territorial
Hamzah bin Ibrahim v Public Prosecutor and another appeal [2018] SGCA 45
The Court of Appeal held that applications to adjourn criminal appeals at the eleventh hour will not be granted as a matter of course, and counsel must state precisely the deficiency in their client's understanding to justify such requests.
Singapore Rifle Association v Singapore Shooting Association [2018] SGCA 42
An occupier does not owe a duty of care to a lawful entrant if the occupier has relinquished control over the premises to a third party during the period in which the alleged negligence occurred.
Strait Colonies Pte Ltd v SMRT Alpha Pte Ltd [2018] SGCA 36
Knowledge of the facts giving rise to the right of rescission is sufficient for affirmation to take place; it is not necessary for the representee to know of his legal right to rescind.
Ng Siok Poh (administratrix of the estate of Lim Lian Chiat, deceased) and another v Sim Lian-Koru Bena JV Pte Ltd [2018] SGCA 35
The court held that the appropriate measure of damages for tortious damage to property is the cost of reasonable reinstatement, determined by objective reasonableness, balancing the property's unique value against the proportionality of the cost of reinstatement.
Public Prosecutor v Mohd Ariffan bin Mohd Hassan [2018] SGCA 10
The Ladd v Marshall conditions for the admission of fresh evidence on appeal apply in an unattenuated manner to applications by the Prosecution in criminal proceedings, unlike the more lenient approach applied to applications by accused persons.