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Absolute Kinetics Consultancy Pte Ltd v Seah Yong Wah (Singapore Telecommunications Ltd, non-party) [2019] SGHCR 2

The court held that where an application for non-party discovery cannot be founded on O 24 r 6(2) of the Rules of Court (e.g., because the documents do not yet exist), the court may exercise its inherent powers to order the creation and disclosure of such documents if it is neces

Sushant Shukla· ·15 min read
Singapore

Cheong Chee Hwa v China Star Food Group Ltd (formerly known as Brooke Asia Ltd) [2019] SGHC 86

The court held that there was no absolute contractual obligation under the SPA for the defendant to issue a fixed number of shares at a specific price in a compliance placement, and that the defendant's actions in consolidating shares were commercially necessary to comply with re

Sushant Shukla· ·14 min read
Singapore

Qroi Ltd v Pascoe, Ian and another [2019] SGHC 36

The court held that a claim should not be struck out if there are genuine issues of fact and law that require trial, even if the claim appears weak.

Sushant Shukla· ·15 min read
Singapore

Lee Pheng Lip Ian v Chen Fun Gee & 4 Ors

Section 42(2) of the Medical Registration Act is a directory provision, meaning that non-compliance with the time limits or procedural requirements for extensions of time does not automatically invalidate the extension or the disciplinary inquiry process.

Sushant Shukla· ·13 min read
Singapore

Re: The Attorney-General

The court held that the respondent's allegations against the judge in his recusal application affidavits constituted scandalising contempt and contempt in the face of the court, as they were baseless, made in bad faith, and posed a real risk of undermining public confidence in th

Sushant Shukla· ·12 min read
Singapore

Soon Li Heng Civil Engineering Pte Ltd v Samsung C&T Corporation & Anor

A call on a performance bond is unconscionable if it is motivated by an improper purpose, such as attempting to claw back sums paid under an adjudication determination by re-litigating issues already decided by the adjudicator.

Sushant Shukla· ·12 min read
Singapore

THE NGEE ANN KONGSI v TEOCHEW POIT IP HUAY KUAN

The court held that an originating summons may be converted into a writ action under Order 28 rule 8 of the Rules of Court if a substantial dispute of fact is likely to arise, and that the court may consider all relevant factors including the utility of discovery and interrogator

Sushant Shukla· ·14 min read
Singapore

APBA PTE LTD v SEAH SHIANG PING & 2 Ors

The court refused to exercise its discretion under s 182 of the Companies Act to order an inquorate EGM because the defendants had a substantive right to participate in the management of the company as directors, arising from the quasi-partnership nature of the company.

Sushant Shukla· ·14 min read
Singapore

ARIES TELECOMS (M) BERHAD v VIEWQWEST PRIVATE LIMITED

The court held that the conversion period for the equipment ran from the date the defendant was put on notice of the plaintiff's ownership until the date the defendant made an unconditional offer to return the equipment. Punitive damages were awarded due to the defendant's sustai

Sushant Shukla· ·16 min read
Singapore

PUBLIC PROSECUTOR v RIDHAUDIN RIDHWAN BIN BAKRI & 3 Ors

The court held that the accused persons were guilty of sexual offences as the complainant was severely intoxicated and lacked the capacity to consent, and the accused persons' claims of consensual sexual activity were not credible.

Sushant Shukla· ·18 min read
Singapore

The Law Society of Singapore v G B Vasudeven

Dishonesty by a solicitor in the discharge of professional duties, including the creation of fictitious court documents and forgery, warrants the sanction of striking off.

Sushant Shukla· ·14 min read
Singapore

TAISHAN SPORTS ENGINEERING PTE LTD v SIVALINGAM PRAGADESH VINOTH

The court refused an adjournment of an appeal under the Work Injury Compensation Act where the appellant had failed to comply with statutory deposit requirements and had shown a cavalier attitude towards court-scheduled dates.

Sushant Shukla· ·14 min read
Singapore

THE LAW SOCIETY OF SINGAPORE v JAYA ANIL KUMAR

Misconduct involving dishonesty by a solicitor, particularly where it is integral to a criminal offence, will almost invariably warrant striking off.

Sushant Shukla· ·13 min read
Singapore

Lim Zhipeng v Seow Suat Thin

Summary judgment is inappropriate where there are triable issues regarding the validity of a document relied upon as a deed of guarantee, particularly where the document lacks a seal and consideration is not expressly provided.

Sushant Shukla· ·17 min read
Singapore

URF & Anor v URH

The Family Division of the High Court does not have jurisdiction over independent civil claims (Inter Vivos Claims) that do not fall within the definition of 'family proceedings' under the Family Justice Act 2014.

Sushant Shukla· ·14 min read
Singapore

LEONG SZE HIAN v LEE HSIEN LOONG

The tort of abuse of process is not a recognised tort under the law of Singapore.

Sushant Shukla· ·12 min read
Singapore

Attorney-General v Ong Wui Teck [2019] SGHC 30

The court found the respondent guilty of scandalising contempt and contempt in the face of the court for making baseless and bad-faith allegations against a judge in recusal affidavits.

Sushant Shukla· ·14 min read
Singapore

Cai Mei Ying v Public Prosecutor [2019] SGHC 24

The court affirmed that a custodial sentence is appropriate for causing grievous hurt by negligent cycling in a prohibited area, particularly where the harm is significant.

Sushant Shukla· ·13 min read
Singapore

Goh Rosaline v Goh Lian Chyu and another [2019] SGHC 133

A person with a right to reside in a property is entitled to bring pets into that property, provided they are not otherwise prohibited by law.

Sushant Shukla· ·14 min read
Singapore

Lyu Yan @ Lu Yan v Lim Tien Chiang and others [2019] SGHC 10

The court granted a Mareva injunction against the defendants due to a real risk of dissipation of assets, as the defendants' explanations for the missing funds were inadequate and unconvincing.

Sushant Shukla· ·12 min read
Singapore

Shepherdson, Terence Christopher v Singapore Recreation Club [2019] SGHCR 5

Damages for wrongful suspension of club membership are contractual in nature. The court adopts a broad-brush approach to quantify damages for deprivation of membership rights and privileges, and a three-step framework to quantify damages for mental distress.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Dinesh s/o Rajantheran [2019] SGCA 27

Section 228(4) of the CPC mandates that a court must reject a guilty plea if it is satisfied that any matter raised in the plea in mitigation materially affects any legal condition required by law to constitute the offence charged, unless the accused's conduct amounts to an abuse

Sushant Shukla· ·15 min read
Singapore

British and Malayan Trustees Ltd v Lutfi Salim bin Talib and others [2019] SGHC 270

The court held that under the Settlement, a share is a sub-genre of a portion. Upon the death of a beneficiary without issue, their share accrues to other issue of the same familial branch (the 'branch interpretation') rather than being distributed pari passu among all beneficiar

Sushant Shukla· ·14 min read
Singapore

Soon Li Heng Civil Engineering Pte Ltd v Samsung C&T Corp and another [2019] SGHC 267

A call on a performance bond is unconscionable where it is motivated by an improper purpose, such as attempting to claw back amounts already adjudicated upon in a binding adjudication determination, thereby undermining the temporary finality of that determination.

Sushant Shukla· ·13 min read