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Towa Corp v ASM Technology Singapore Pte Ltd and another [2023] SGHC 99

The court assessed damages for patent infringement, determining that the measure of damages should be based on lost profits from sales of the plaintiff's machines, excluding unsold and post-expiry machines, and applying a year-on-year approach for profit calculation.

Sushant Shukla· ·13 min read
Singapore

Re Babel Holding Ltd and other matters [2023] SGHC 98

The court granted the extension of moratoria under s 64 of the IRDA, finding that the applicants had a substantial connection to Singapore and that the proposed scheme was not unworkable.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Low Sze Song and another [2023] SGHC 95

The court found that the chain of custody for the drug exhibits was intact and that the accused persons failed to rebut the presumptions of possession and knowledge under the Misuse of Drugs Act.

Sushant Shukla· ·15 min read
Singapore

Ahmad Danial bin Mohamed Rafa’ee v Public Prosecutor [2023] SGHC 94

The court held that the presumptive position is that a discharge not amounting to an acquittal (DNATA) should be ordered under s 232(2) of the CPC, and this presumption is stronger for serious offences. The court also observed that it may have inherent powers to grant a discharge

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Tan Chee Beng and another appeal [2023] SGHC 93

The High Court affirmed that a complainant's testimony can establish proof beyond reasonable doubt if it is unusually convincing, regardless of corroboration. In this case, the testimony was both exceptionally credible and supported by external evidence.

Sushant Shukla· ·12 min read
Singapore

Appangam Govindhasamy (legal representative of the estate of T Govindasamy, deceased) and others v Salaya Kalairani and another [2023] SGHC 91

The court held that the defendants failed to prove that the deceased held his half-share in the property on a resulting trust or common intention constructive trust for the other co-owner, as there was insufficient evidence to displace the presumption of indefeasibility of title.

Sushant Shukla· ·14 min read
Singapore

Ho Soo Tong and others v Ho Soo Fong and others [2023] SGHC 90

The court held that an express trust was created over the disputed shares in Invest Ho in favour of the Plaintiffs and Peng Zuo, based on the 2012 Agreement and the parties' conduct.

Sushant Shukla· ·14 min read
Singapore

Muhammad Ramzaan s/o Akhbar v Public Prosecutor [2023] SGHC 9

The court held that where an offender is sentenced to both a disqualification order and a term of imprisonment for separate and unconnected offences, the disqualification order should generally commence from the date of release from prison to ensure it retains deterrent effect.

Sushant Shukla· ·13 min read
Singapore

Raffles Education Corp Ltd and others v Shantanu Prakash and another [2023] SGHC 89

The judgment in Raffles Education Corp Ltd and others v Shantanu Prakash and another [2023] SGHC 89 represents a comprehensive judicial examination of the limits of director liability and the high evidentiary threshold required to establish fraudulent misrepresentation and unlawf

Sushant Shukla· ·18 min read
Singapore

Re Zipmex Pte Ltd and other matters [2023] SGHC 88

The Court may approve the creation of an administrative convenience class in a scheme of arrangement under the IRDA, provided there is no undue prejudice to creditors, typically balanced by a quid pro quo such as full payment.

Sushant Shukla· ·13 min read
Singapore

Attorney-General v Xu Yuan Chen (alias Terry Xu) [2023] SGHC 87

The court held that the publication of material imputing that the judiciary is susceptible to political influence and lacks impartiality constitutes scandalising contempt under s 3(1)(a) of the AJPA.

Sushant Shukla· ·16 min read
Singapore

CZD v CZE [2023] SGHC 86

The court held that the Tribunal did not exceed its jurisdiction as the Award was based on the Loan Agreement, and that the claimant's failure to disclose a pending application in the PRC was inconsequential.

Sushant Shukla· ·13 min read
Singapore

CZV v Kanagavijayan Nadarajan (trading as Kana & Co) [2023] SGHC 85

The High Court dismissed a striking out application, ruling that such procedures are unsuitable for resolving novel substantive legal issues. The court emphasized that questions regarding the admissibility of evidence should be determined at trial rather than through summary dism

Sushant Shukla· ·15 min read
Singapore

Lim Cheng San v Soup Empire Holdings Pte Ltd and other matters [2023] SGHC 84

A director has a presumptive right to inspect company documents under s 199 of the Companies Act, and the burden lies on the company to show that such access should be denied due to abuse of process.

Sushant Shukla· ·13 min read
Singapore

DB International Trust (Singapore) Ltd v Medora Xerxes Jamshid and another [2023] SGHC 83

A liquidator may be removed for cause under s 139(1) of the IRDA if it is in the real, substantial and honest interest of the liquidation, assessed by reference to the purposes of the liquidation and the creditors' interests.

Sushant Shukla· ·14 min read
Singapore

Re Ascentra Holdings, Inc (in official liquidation) and others (SPGK Pte Ltd, non-party) [2023] SGHC 82

The Model Law on Cross-Border Insolvency, as enacted in the Third Schedule of the IRDA, does not apply to the liquidation of a solvent company.

Sushant Shukla· ·12 min read
Singapore

Liang Xihong v Loong Soo Min and another and another suit [2023] SGHC 80

The judgment in Liang Xihong v Loong Soo Min and another and another suit [2023] SGHC 80 represents a significant exploration of the boundaries between matrimonial disputes and corporate law. The litigation comprised two consolidated suits: Suit No 275 of 2020 ("S 275"), an oppre

Sushant Shukla· ·14 min read
Singapore

Presscrete Engineering Pte Ltd v SsangYong-Wai Fong Joint Venture [2023] SGHC 8

A dispute falls within the scope of an arbitration agreement if it arises out of or is connected with the contract, and the court should only refuse a stay in the clearest of cases.

Sushant Shukla· ·11 min read
Singapore

Fonterra Brands (Singapore) Pte Ltd v Consorzio del Formaggio Parmigiano Reggiano [2023] SGHC 77

The court held that 'Parmesan' is a translation of the geographical indication 'Parmigiano Reggiano' under the Geographical Indications Act 2014, and that the burden of proof in opposition proceedings lies on the party opposing the qualification of rights.

Sushant Shukla· ·14 min read
Singapore

3N Investments Group Ltd and another v Lim Boon Chye Victor and others [2023] SGHC 76

The court held that the defendants were under an absolute obligation to transfer shares by the stipulated deadline, and that the plaintiffs were entitled to damages for the diminution in share value caused by the delay, as such loss was not too remote and the plaintiffs had not f

Sushant Shukla· ·12 min read
Singapore

Wang Xiaopu v Koh Mui Lee and others [2023] SGHC 73

In Wang Xiaopu v Koh Mui Lee and others [2023] SGHC 73 , the General Division of the High Court addressed a sophisticated attempt by a judgment debtor, Dr. Goh Seng Heng (the 2nd Defendant), to shield substantial assets from a judgment creditor, Mdm. Wang Xiaopu (the Plaintiff).

Sushant Shukla· ·14 min read
Singapore

UCO Bank, Singapore Branch v Green Mint Pte Ltd and others [2023] SGHC 72

The court has the inherent power to consider a claim on its merits even where a defendant is in default of defence, particularly where such a judgment is required for enforcement in a foreign jurisdiction.

Sushant Shukla· ·15 min read
Singapore

Maxx Engineering Works Pte Ltd v PQ Builders Pte Ltd [2023] SGHC 71

A contractual obligation to 'refer' a dispute to mediation is a mandatory obligation to mediate, distinct from an obligation to merely 'consider' mediation.

Sushant Shukla· ·14 min read
Singapore

Pappa w/o Veeramuthu v National University Health Services Group Pte Ltd [2023] SGHC 70

The court held that the respondent breached its duty of care by failing to ensure a fall-risk patient was properly seated and failing to ensure the emergency call bell was within reach.

Sushant Shukla· ·14 min read