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AS FORTUNA OPCO B.V. & Anor v SEA CONSORTIUM PRIVATE LIMITED & 3 Ors

In an uncontested limitation action, the shipowner should pay the claimants' costs for establishing the right to limit liability and the size of the fund, but each party should bear its own costs for investigative work regarding facts required to break limitation.

Sushant Shukla· ·13 min read
Singapore

GOH KOK LIANG (WU GUO LIANG) v GYP PROPERTIES LIMITED (FORMERLY KNOWN AS GLOBAL YELLOW PAGES LIMITED) & Anor

An offer to settle that is framed as an offer to 'settle this proceeding' is intended to settle the whole of the proceeding, including any claims for costs.

Sushant Shukla· ·13 min read
Singapore

TOH FONG PENG & 6 ORS V EXCELSIOR CAPITAL FINANCE LIMITED & 6 ORS

The defendants were found to be the owners and operators of the Malaysian business and the scheme, and thus liable for breach of contract regarding access to the Web Shop and insurance obligations.

Sushant Shukla· ·16 min read
Singapore

Singapore Democratic Party v Attorney-General

The Court held that the respondent bears the burden of proof in POFMA appeal proceedings to establish that a statement is false, and that the standard of proof is on the balance of probabilities.

Sushant Shukla· ·14 min read
Singapore

TECNOMAR & ASSOCIATES PTE LTD v SBM OFFSHORE N.V.

The court held that the plaintiff failed to establish a good arguable case for service out of jurisdiction and that the ex parte order should be set aside due to material non-disclosure.

Sushant Shukla· ·13 min read
Singapore

THE MANAGEMENT CORPORATION STRATA TITLE PLAN No. 0827 v AIKYU TRADING CO (PTE) LTD

Section 47(1) of the Building Maintenance and Strata Management Act (BMSMA) entitles a subsidiary proprietor to obtain documents in the custody or control of the management corporation, even if those documents were obtained pursuant to a resolution rather than the BMSMA itself, a

Sushant Shukla· ·13 min read
Singapore

HOU CHAO (In his personal capacity and also in his representative capacity on behalf of Yong Zhen Yuan Pte. Ltd.) v GU XIAOLAN & 2 Ors

A common law derivative action requires the plaintiff to demonstrate a prima facie case of wrongdoing and locus standi under the 'fraud on the minority' exception. The court retains discretion to deny leave if the action is not in the company's best interests or is an abuse of pr

Sushant Shukla· ·14 min read
Singapore

ANIL SINGH GURM v J.S. YEH & CO & Anor

A solicitor is not negligent for failing to advise on the illegality of a nominee arrangement where the client has expressly confirmed they are purchasing the property in their own legal and beneficial capacity, and the solicitor has no actual or constructive knowledge of the und

Sushant Shukla· ·13 min read
Singapore

Re: DESIGN STUDIO GROUP LTD.

The court held that roll-up arrangements can constitute rescue financing under s 211E(9) of the Companies Act, provided they create new value and are not mere trifles, and that the court has discretion to grant super-priority based on factors including creditor interests, restruc

Sushant Shukla· ·14 min read
Singapore

CDM & 2 Ors v CDP

An arbitral tribunal does not exceed its jurisdiction or breach natural justice when it decides issues that are within the scope of the parties' pleadings and the agreed list of issues, even if the tribunal's reasoning relies on evidence that was before it.

Sushant Shukla· ·14 min read
Singapore

POH FU TEK & Anor v VERMONT UM BUNKERING PTE. LTD. & Anor

The court granted leave under s 216A of the Companies Act for minority shareholders to bring a derivative action on behalf of the company, finding that the applicants acted in good faith and that the proposed action was prima facie in the company's interest, given the conflicts o

Sushant Shukla· ·16 min read
Singapore

YUEN MINGLAN HELGA MRS MINGLAN HELGA ALLE (executrix of the estate of MRS YUEN INGEBORG NEE SANTJER, NRIC No. S2177358A, deceased) v NG YUNG CHUAN SEAN & 2 Ors

The High Court Protocol for Medical Negligence Cases does not impose a requirement on defendants to file and serve independent medical expert reports with their defence.

Sushant Shukla· ·14 min read
Singapore

SULZER PUMPS SPAIN, S. A. v HYFLUX MEMBRANE MANUFACTURING (S) PTE LTD & Anor

The court held that a strong prima facie case of unconscionability is required to restrain a call on an unconditional first demand bond, and that a genuine dispute between parties does not constitute unconscionability.

Sushant Shukla· ·14 min read
Singapore

AB PARTNERS PTE LTD v PUBLIC PROSECUTOR

The court held that criminal revision is not an appeal and should only be exercised if there is substantial injustice. The court found that there was a reasonable basis for the continued seizure of funds for investigation purposes, and the applicant failed to prove lawful entitle

Sushant Shukla· ·14 min read
Singapore

THE LAW SOCIETY OF SINGAPORE v JONATHAN TAN SEE LEH

The court held that a solicitor's failure to supervise an unauthorised person and the sharing of legal fees with such a person constitutes serious misconduct warranting suspension.

Sushant Shukla· ·14 min read
Singapore

Poh Chiak Ow v United Overseas Bank Limited

The court held that the plaintiff failed to prove his allegation of fraud against the defendant's employee, and consequently, the defendant was not vicariously liable. Furthermore, the court found no negligence on the part of the defendant in processing the plaintiff's remittance

Sushant Shukla· ·14 min read
Singapore

VFU v VFV

A Syariah Court continuation certificate is not required for committal proceedings in the Family Court if the original civil proceedings (OSG 9/2017) had already concluded with a final order before the commencement of divorce proceedings in the Syariah Court.

Sushant Shukla· ·13 min read
Singapore

TEN v TEO

The court affirmed joint custody but granted care and control to the father, emphasising that the best interests of the children required a period of no direct contact with the mother to allow for therapeutic recovery, while maintaining the father's obligation to facilitate futur

Sushant Shukla· ·13 min read
Singapore

Zyfas Medical Co (Sued as a firm) v Millennium Pharmaceuticals, Inc.

Process patents fall within the scope of 'a patent under the Patents Act' for the purposes of the patent linkage scheme under the Health Products (Therapeutic Products) Regulations 2016.

Sushant Shukla· ·14 min read
Singapore

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

It is unconscionable for a party to call on a performance bond in circumstances where the effect of so doing will be to negate an adjudication determination prior to any final determination of the dispute.

Sushant Shukla· ·13 min read
Singapore

OEI HONG LEONG & Anor v CHEW HUA SENG

The court held that there was no intention to create legal relations between the parties in the context of the informal meeting and the resulting agreement, thus no binding contract was formed.

Sushant Shukla· ·14 min read
Singapore

PHILIPPE EMANUEL MULACEK v CARLO GIUSEPPE CIVELLI

The court held that the Texas court was the natural forum for the dispute and that the appellant failed to establish vexation or oppression to justify an anti-suit injunction.

Sushant Shukla· ·14 min read
Singapore

MOHAMMAD RIZWAN BIN AKBAR HUSAIN v PUBLIC PROSECUTOR

The Court of Appeal affirmed the convictions of the appellants for drug trafficking offences, finding that the identification evidence and circumstantial evidence were sufficient to prove their guilt beyond reasonable doubt.

Sushant Shukla· ·14 min read
Singapore

Saravanan Chandaram v PUBLIC PROSECUTOR

The Court of Appeal clarified the definition of 'cannabis mixture' under the Misuse of Drugs Act, holding that it requires a mixture of cannabis with other vegetable matter, and ruled that the Prosecution's 'Dual Charging Practice' for a single block of cannabis-related material

Sushant Shukla· ·15 min read