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Singapore

Ye Huishi Rachel v Ng Ke Ming Jerry [2021] SGHC 250

A document executed as a sham, where parties do not intend to create legal relations, is unenforceable.

Sushant Shukla· ·14 min read
Singapore

Year Sun Chemitanks Terminal Corp v Gunvor Singapore Pte Ltd [2021] SGHC 229

The court held that an arbitral tribunal's failure to consider arguments does not amount to a breach of natural justice unless the inference is clear and virtually inescapable, and that the court should not interfere with the merits of an award.

Sushant Shukla· ·13 min read
Singapore

CAI v CAJ and another [2021] SGHC 21

An arbitral tribunal exceeds its jurisdiction and breaches natural justice if it decides a new, unpleaded defence (the EOT Defence) introduced at the closing submissions stage without giving the opposing party a fair opportunity to respond with evidence and submissions.

Sushant Shukla· ·16 min read
Singapore

CAN v CNB and another and another matter [2021] SGHC 192

A request for interpretation or correction of an arbitral award under Art 33 of the Model Law must in substance fall within the scope of that article to extend the time limit for setting aside an award under Art 34(3).

Sushant Shukla· ·14 min read
Singapore

Lakshmi d/o Kumaravelu v Lazada Singapore Pte Ltd [2021] SGHC 174

The High Court has no jurisdiction to hear an appeal against a decision of the Small Claims Tribunal where the statutory requirements for leave to appeal have not been met, and the District Court's refusal to grant leave is final.

Sushant Shukla· ·13 min read
Singapore

Ambihathevi Alagaretnam Mrs Jeevarajah Ambihathevi v Jeevarajah Nithiananthan [2021] SGHC 161

The High Court has the power to grant an interlocutory injunction to exclude a person from a property for the protection of an applicant, even if the Family Justice Courts lack the power to grant an interim domestic exclusion order.

Sushant Shukla· ·15 min read
Singapore

Jasviderbir Sing Sethi and another v Sandeep Singh Bhatia and another [2021] SGHC 14

The court dismissed the plaintiffs' claims for misrepresentation and breach of contract, finding that the defendant did not make the alleged representations and that there was no intention to create legal relations or consideration for the alleged repayment contract.

Sushant Shukla· ·13 min read
Singapore

Bauer, Adam Godfrey and another v Wee Tien Liang, deceased [2021] SGHCR 8

The court exercised its inherent powers under O 92 r 4 of the Rules of Court to proceed with an assessment of damages hearing in the absence of a deceased defendant where no personal representative had been appointed.

Sushant Shukla· ·14 min read
Singapore

VBS v VBR [2021] SGHCF 32

The court dismissed the appeal against a variation of child maintenance, noting that the appellant failed to adduce evidence for her own variation application and that the lower court's assessment of cleaning expenses was not erroneous.

Sushant Shukla· ·11 min read
Singapore

CLT v CLS and another matter [2021] SGHCF 29

In a single-income marriage of 17 years with a massive pool of assets, the court applied a broad-brush approach to divide assets 30:70 in favour of the husband, noting that equality is not the starting point and the ANJ approach is inapplicable.

Sushant Shukla· ·12 min read
Singapore

Superpark Oy v Super Park Asia Group Pte. Ltd and 2 others [2021] SGCA 8

A voluntary winding up of a company cannot commence without a special resolution passed by its members, and the appointment of provisional liquidators does not constitute a third method of commencing a voluntary winding up.

Sushant Shukla· ·13 min read
Singapore

Republic of India v Vedanta Resources plc [2021] SGCA 50

The court held that an application for declaratory relief that is in substance a backdoor appeal against an arbitral tribunal's procedural order, and which seeks an advisory opinion to pressure the tribunal, constitutes an abuse of process and violates the principle of minimal cu

Sushant Shukla· ·14 min read
Singapore

CDM & another v CDP [2021] SGCA 45

The jurisdiction of an arbitral tribunal is defined by the pleadings, which include not only the Notice of Arbitration and Statement of Claim, but also subsequent pleadings such as the Defence and Counterclaim. If an issue is raised in the pleadings, it is within the tribunal's j

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Takaaki Masui and another and other matters [2021] SGCA 119

The court held that s 13(1) of the PCA is intended for disgorgement of ill-gotten gains rather than punishment. Consequently, when quantifying the penalty, the court should take into account any gratification already repaid or disgorged by the recipient.

Sushant Shukla· ·13 min read
Singapore

Jumadi bin Abdullah v Public Prosecutor and other appeals [2021] SGCA 113

The court affirmed that the MDP Notice is not a threat, inducement, or promise under s 258(3) of the CPC, and that statements made after its administration are admissible.

Sushant Shukla· ·13 min read
Singapore

CAJ and another v CAI and another appeal [2021] SGCA 102

The court held that an arbitral tribunal exceeds its jurisdiction and breaches natural justice when it allows a party to raise a new, fact-sensitive defence that was not pleaded and for which the opposing party was not given a fair opportunity to respond.

Sushant Shukla· ·13 min read