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MALAYAN BANKING BERHAD v BAKRI NAVIGATION COMPANY LTD & Anor

A floating charge does not crystallise by operation of law merely because a transaction is outside the ordinary course of business, unless such transaction amounts to a cessation of the company's business as a going concern.

Sushant Shukla· ·13 min read
Singapore

NAVIN JATIA & 2 Ors v RAM NIRANJAN & Anor

The Court of Appeal held that the August 2015 Deed was a valid settlement agreement and that there was no breach of any duty of disclosure by the parties, as the duty of disclosure in family arrangements is not engaged where there is no relationship of trust and confidence.

Sushant Shukla· ·15 min read
Singapore

TOH AH POH v TAO LI

An interim judgment in divorce proceedings ordering the transfer of a property held in joint tenancy upon payment of a sum of money effects a severance of the joint tenancy by judicial pronouncement, regardless of whether the payment condition has been fulfilled.

Sushant Shukla· ·15 min read
Singapore

Ong Wui Teck v The Attorney-General

The court affirmed that the appellant was guilty of scandalising contempt and contempt in the face of the court for making baseless allegations of bias against a judge in affidavits filed for a recusal application.

Sushant Shukla· ·14 min read
Singapore

Siva Kumar S/O Avadiar v Quek Leng Chuang & 2 Ors

A consent order for a share buy-out in a minority oppression action is a freely negotiated settlement and not an order made under s 216(2) of the Companies Act. The court has the inherent power to record such a settlement as a consent order without a prior finding of minority opp

Sushant Shukla· ·14 min read
Singapore

Smoothlink Worldwide Services Pte Ltd v Regional Marine & Engineering Services Pte Ltd and another suit [2020] SGHC 94

The court held that the defendant was not induced by the plaintiff's representations regarding the weight of the rigs, as the contract was on an 'as is' basis and the defendant failed to prove its loss.

Sushant Shukla· ·13 min read
Singapore

Tan Bee Hong Blossom and another v Tan Seng Keow Doreen and others [2020] SGHC 89

The court held that the companies were not quasi-partnerships or akin to quasi-partnerships, as there was no mutual trust and confidence between the sisters, and the companies were not managed on the basis of an equal right to participate in management.

Sushant Shukla· ·17 min read
Singapore

Raffles Education Corp Ltd and others v Shantanu Prakash and another [2020] SGHC 83

The court dismissed the defendants' application for a stay of proceedings on the grounds of forum non conveniens, finding that Singapore was the natural and appropriate forum as the torts of misrepresentation and conspiracy were in substance committed in Singapore.

Sushant Shukla· ·13 min read
Singapore

Sumifru Singapore Pte Ltd v Felix Santos Ishizuka and others [2020] SGHC 7

The court has the power to vary a Mareva injunction if it is in the interests of justice, balancing the claimant's interest in preserving funds against the defendant's right to deal with assets not subject to a proprietary claim.

Sushant Shukla· ·15 min read
Singapore

Koo Kah Yee v Public Prosecutor [2020] SGHC 261

The court established a sentencing framework for offences under s 11(1) of the Remote Gambling Act, emphasizing that deterrence is the paramount consideration for syndicated remote gambling offences.

Sushant Shukla· ·12 min read
Singapore

Shankar’s Emporium Pte Ltd and others v Jethanand Harkishindas Bhojwani and another [2020] SGHC 244

The court held that non-parties to a court order do not have standing to seek a variation of that order if the order does not impose any obligation on them.

Sushant Shukla· ·13 min read
Singapore

Oxley Consortium Pte Ltd v Geetex Enterprises Singapore (Pte) Ltd [2020] SGHC 235

The phrase 'plans and specifications approved by the Purchaser at the date of this Agreement' in Form D of the Sale of Commercial Properties Rules refers only to plans existing and disclosed at the time of the agreement, and does not encompass later plans necessitated by changes

Sushant Shukla· ·12 min read
Singapore

Zuraimi bin Mohamed Dahlan and another v Zulkarnine B Hafiz and another [2020] SGHC 219

A statement of opinion, such as a valuation of a company, does not constitute an actionable misrepresentation unless the representor was dishonest in holding that opinion.

Sushant Shukla· ·13 min read
Singapore

Tan Woo Thian v PricewaterhouseCoopers Advisory Services Pte Ltd [2020] SGHC 171

A professional fact-finding investigator does not owe a duty of care to a third party (a former director) where the investigator was engaged by the company's audit committee and expressly disclaimed responsibility to third parties, and where policy considerations regarding defama

Sushant Shukla· ·17 min read
Singapore

Apex Energy International Pte Ltd v Wanxiang Resources (Singapore) Pte Ltd [2020] SGHC 138

The court held that a binding contract was formed through an exchange of instant messages where the parties agreed on the essential terms (price and laycan), and that the plaintiff's subsequent mitigating steps (alternative sale and hedging arrangement) were reasonable.

Sushant Shukla· ·13 min read
Singapore

Shimizu Corporation v Stargood Construction Pte Ltd [2020] SGCA 37

The SOPA does not create an independent right to progress payments or to serve payment claims after the termination of a construction contract if the contract itself does not provide for such rights.

Sushant Shukla· ·13 min read
Singapore

AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33

When a court is faced with a disputed debt or cross-claim subject to an arbitration agreement in a winding-up application, the prima facie standard of review applies, provided the dispute is not raised in abuse of process.

Sushant Shukla· ·15 min read
Singapore

UYQ v UYP [2020] SGCA 3

The court affirmed that the structured approach in ANJ v ANK should not be applied in a rigid, mechanistic, or overly-arithmetical manner, and that the broad brush approach remains relevant in family law.

Sushant Shukla· ·13 min read
Singapore

Steep Rise Ltd v Attorney-General [2020] SGCA 20

The AG's duty of full and frank disclosure in ex parte MACMA applications is limited to disclosing material facts within the AG's actual knowledge, and there is no requirement to show a risk of dissipation for a restraint order under the MACMA.

Sushant Shukla· ·14 min read
Singapore

Toh Ah Poh v Tao Li [2020] SGCA 18

An interim judgment in divorce proceedings that orders the transfer of a property held in joint tenancy to one spouse upon payment of a sum to the other spouse effects a severance of the joint tenancy upon the judgment being made absolute.

Sushant Shukla· ·14 min read
Singapore

Chan Sze Ying v Management Corporation Strata Title Plan No 2948 (Lee Chuen T’ng,intervener) [2020] SGCA 123

The chairperson of a management corporation meeting has a residual common law power to adjourn a meeting when it is objectively reasonable to do so, even if a motion to adjourn could technically be put to a vote, provided the meeting cannot reasonably be expected to continue.

Sushant Shukla· ·13 min read
Singapore

CDV v CDW [2020] SGCA 100

Section 112(4) of the Women's Charter does not apply retrospectively to consent orders for the division of matrimonial assets made under the repealed s 106 of the Women's Charter (1985 Edition).

Sushant Shukla· ·14 min read