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The Ngee Ann Kongsi v Teochew Poit Ip Huay Kuan [2019] SGHC 256

The court has the discretion to convert an originating summons into a writ action under O 28 r 8 of the Rules of Court if a substantial dispute of fact is likely to arise, and the writ process is more suitable for the resolution of the dispute.

Sushant Shukla· ·14 min read
Singapore

Re Gearing, Matthew Peter QC [2019] SGHC 249

The court held that the applicant failed to demonstrate that the issues in the case were sufficiently complex to warrant the admission of foreign senior counsel under the ad hoc admissions regime.

Sushant Shukla· ·14 min read
Singapore

Re Salwant Singh s/o Amer Singh [2019] SGHC 225

The court held that a prima facie case for an investigation into alleged misconduct by Legal Service Officers was not established, and that in any event, the inordinate delay in bringing the complaint militated against the exercise of the court's discretion to grant leave.

Sushant Shukla· ·15 min read
Singapore

Bijynath s/o Ram Nawal v Innovationz Pte Ltd (Accounting and Corporate Regulatory Authority, intervener) [2019] SGHC 218

The court has broad discretion under s 344G(3) of the Companies Act to place persons in the position they would have been in had a company not been struck off, provided it is just to do so, and this discretion is not limited by the test for leave under s 155A(3).

Sushant Shukla· ·12 min read
Singapore

Slim Beauty House Co Ltd v MSB Beauty Pte Ltd [2019] SGHC 194

The court will not make an order for costs against a non-party to the winding-up proceedings, even if that non-party was ordered to bear liquidation expenses in a separate arbitration award.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v G B Vasudeven [2019] SGHC 187

Misconduct involving dishonesty by a solicitor is viewed with utmost gravity and generally warrants striking off, especially where there is a violation of the solicitor-client relationship and the creation of fictitious court documents.

Sushant Shukla· ·13 min read
Singapore

TOE v TOF [2019] SGHCF 19

The court held that it was in the best interests of the child to remain in Singapore to complete his schooling rather than relocate to the United Kingdom, as the child expressed a clear preference to stay and the father's relocation was primarily in his own interest.

Sushant Shukla· ·15 min read
Singapore

Zamri bin Mohd Tahir v Public Prosecutor [2019] SGCA 9

The court held that an accused's role as a courier under s 33B(2)(a) of the MDA is determined by their acts in relation to the specific consignment, and inchoate intentions dependent on future instructions do not automatically disqualify an accused from being a courier.

Sushant Shukla· ·13 min read
Singapore

Harmonious Coretrades Pte Ltd v United Integrated Services Pte Ltd [2019] SGCA 77

Adjudication determinations under the SOPA are independently enforceable and do not supersede one another; therefore, a garnishee order based on an earlier adjudication determination remains valid even if a subsequent adjudication determination results in a net claim for the resp

Sushant Shukla· ·14 min read
Singapore

Yashwant Bajaj v Toru Ueda [2019] SGCA 69

A statutory demand must be set aside if the debt is disputed on substantial grounds. A qualified expert determination that is subject to further adjustments is not a final and binding debt.

Sushant Shukla· ·14 min read
Singapore

Adinop Co Ltd v Rovithai Ltd and another [2019] SGCA 67

A party breaches a confidentiality agreement and equitable duty of confidence by using confidential customer information for a purpose (notifying customers of a change in distributor) that falls outside the scope of the 'Purpose' defined in the agreement (advancing the distributo

Sushant Shukla· ·13 min read
Singapore

TMT Asia Limited v BHP Billiton Marketing AG (Singapore Branch) and another [2019] SGCA 60

The court held that the continuation of an action is an abuse of process if the claimant has been offered all the relief sought in the claim, and that the threshold for abuse of process is the same whether determined under O 18 r 19 or O 14 r 12/O 33 r 2 of the Rules of Court.

Sushant Shukla· ·14 min read
Singapore

Leong Sze Hian v Lee Hsien Loong [2019] SGCA 53

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

Sushant Shukla· ·15 min read
Singapore

Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50

The Singapore court has the power to grant a Mareva injunction in aid of foreign court proceedings, provided the court has in personam jurisdiction over the defendant and there is a good arguable case on the merits.

Sushant Shukla· ·16 min read
Singapore

Yap Chen Hsiang Osborn v Public Prosecutor [2019] SGCA 40

A secondary offender who does not commit the predicate offence but launders the proceeds of another person's crime cannot be charged under s 47(1) of the CDSA, which is reserved for primary offenders.

Sushant Shukla· ·15 min read
Singapore

Bintai Kindenko Pte Ltd v Samsung C&T Corp and another [2019] SGCA 39

The court held that parties can contractually exclude the right to rely on the unconscionability exception to restrain a call on a performance guarantee, and that such exclusion clauses are binding if incorporated by reference into a signed contract.

Sushant Shukla· ·13 min read