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Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37

A party who signs a contract without qualification as to capacity is the proper party to the contract, even if the contract contains inconsistencies regarding the identity of the parties.

Sushant Shukla· ·14 min read
Singapore

JE Synergy Engineering Pte Ltd v Sinohydro Corp Ltd (Singapore Branch) [2023] SGHC 362

The court held that in an application to set aside an adjudication determination under s 27(6)(h) of the SOPA, the court should not engage in the merits of the dispute as a whole, especially where the allegations of fraud or corruption are hotly contested and overlap with the sub

Sushant Shukla· ·14 min read
Singapore

Marten, Joseph Matthew and another v AIQ Pte Ltd (in liquidation) and others [2023] SGHC 361

The court dismissed the minority oppression and conspiracy claims, finding that the plaintiffs lacked locus standi and failed to prove the existence of the alleged 'Understanding and Agreement' or any oppressive conduct.

Sushant Shukla· ·20 min read
Singapore

Millennium Pharmaceuticals, Inc and another v Zyfas Medical Co (sued as a firm) [2023] SGHC 360

The court found one patent (SG 322) valid but not infringed, and the other patent (SG 29P) invalid for lack of inventive step.

Sushant Shukla· ·16 min read
Singapore

Nagarajan Murugesan v Grand Rich Electrical & Engineering Pte Ltd and others [2023] SGHC 36

A deemed owner of a property who receives a cash grant for rental relief under s 19D(1) of the CTMA is not a tenant for the purposes of ss 19H and 19J of the CTMA and is not entitled to further rental waiver.

Sushant Shukla· ·14 min read
Singapore

Leong Quee Ching Karen v Lim Soon Huat and others [2023] SGHC 359

An applicant seeking a proprietary injunction must establish a proprietary interest in the property concerned, even in the context of a minority oppression claim.

Sushant Shukla· ·14 min read
Singapore

Lim Soon Huat v Lim Teong Huat and others and another matter [2023] SGHC 356

The court affirmed the decision to convert originating applications into originating claims because substantial disputes of fact existed regarding the interpretation of a deed, which required the investigative tools of a full trial.

Sushant Shukla· ·15 min read
Singapore

Lee Shin Nan v Public Prosecutor [2023] SGHC 354

The court established a four-stage 'Repeat Offences Framework' for sentencing repeat drink driving offenders under s 67 of the Road Traffic Act, which involves deriving a starting sentence range based on alcohol levels, adjusting for repetition, accounting for aggravating/mitigat

Sushant Shukla· ·13 min read
Singapore

Vallianz Shipbuilding & Engineering Pte Ltd v Owner of the vessel “ECO SPARK” [2023] SGHC 353

A vessel is a 'ship' within the meaning of s 2 of the HCAJA if it is designed and capable of being used in navigation, regardless of its actual current use or frequency of use.

Sushant Shukla· ·14 min read
Singapore

Tan Wei Heng Kelvin and another v Tok Beng Tong and another [2023] SGHC 352

The court held that Malaysia was the more appropriate forum for the trial of the action, as the underlying subject matter of the oral agreement (a property development project) was located in Malaysia, and the governing law of the agreement was likely Malaysian law.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Cheng Kim Kuan [2023] SGHC 350

A solicitor who breaches a solemn undertaking given to the Court and the Law Society, particularly one involving the supervision of a solicitor with a psychiatric condition, commits professional misconduct warranting suspension.

Sushant Shukla· ·14 min read
Singapore

Tan Boon Teck Donald v Lum Shih Kai [2023] SGHC 347

The court cannot exercise its inherent powers or powers under s 56(1) of the Trustees Act to override an express prohibition in a will against the sale of property within a specified period, unless there are exceptional circumstances or it is necessary to carry out the testator's

Sushant Shukla· ·14 min read
Singapore

Masoud Rahimi bin Mehrzad and others v Attorney-General [2023] SGHC 346

The court struck out an originating application challenging the constitutionality of provisions in the PACC Act that had not yet come into force, finding that the applicants lacked locus standi as there was no real controversy or violation of personal rights.

Sushant Shukla· ·14 min read
Singapore

The Enterprise Fund III Ltd and another v CNPLaw LLP (formerly known as Colin Ng & Partnership) [2023] SGHC 345

The court dismissed the negligence claim against the defendant law firm, finding that the firm had advised the plaintiffs on the statutory prohibition against share buybacks and that the plaintiffs' losses were not caused by any breach of duty by the firm.

Sushant Shukla· ·13 min read
Singapore

Lam Wing Yee Jane v Realstar Premier Group Pte Ltd [2023] SGHC 344

A property agent who merely acts as a conduit in forwarding marketing materials provided by the seller, without making independent representations, does not breach their duty of care if they do not independently verify the contents of those materials, especially where the purchas

Sushant Shukla· ·12 min read
Singapore

Ng Lai Kuen Priscilla Elizabeth and others v Ng Choong Keong Steven [2023] SGHC 343

The court held that the defendant held his interest in the Property on a resulting trust for the Father, as the Father paid the entire purchase price and there was no evidence of an intention to benefit the defendant.

Sushant Shukla· ·14 min read
Singapore

Arif Rahim Valibhoy v Majlis Ugama Islam Singapura (Mohamed Shariff Valibhoy and others, non-parties) [2023] SGHC 341

The court held that former trustees who were party to the same decision as the applicant in a judicial review are 'directly affected' parties under O 53 r 2(3) of the Rules of Court (2014 Rev Ed) and may be joined as respondents under O 15 r 6(2)(b) of the ROC.

Sushant Shukla· ·12 min read
Singapore

Beltran, Julian Moreno and another v Terraform Labs Pte Ltd and others [2023] SGHC 340

A defendant takes a 'step in the proceedings' by filing a defence on the merits and a counterclaim, and by filing applications for substantive relief, which are inconsistent with a jurisdictional challenge.

Sushant Shukla· ·15 min read
Singapore

Shanghai Afute Food and Beverage Management Co Ltd v Tan Swee Meng and others [2023] SGHC 34

The court found that the defendants breached the Master Franchise Agreement, committed a breach of confidence by disclosing trade secrets (recipes), and engaged in unlawful means conspiracy.

Sushant Shukla· ·16 min read
Singapore

Marchand Navigation Co v Olam Global Agri Pte Ltd and another [2023] SGHC 339

The existence of a dispute and an arbitration clause between an owner and a charterer does not prevent the owner from exercising a contractual lien under Clause 18 of the NYPE form against a sub-charterer.

Sushant Shukla· ·13 min read
Singapore

Syed Fathuddin Putra bin Syed A Rahman v Public Prosecutor and another appeal [2023] SGHC 338

The Pang Shuo sentencing framework is overly complex and technical and should not be applied for specified offences under the Customs Act; the Yap Ah Lai framework is the appropriate sentencing framework.

Sushant Shukla· ·12 min read
Singapore

Re Thresh, Charles and another (British Steamship Protection and Indemnity Association Ltd and another, non-parties) [2023] SGHC 337

The court held that a company does not need to be insolvent or in severe financial distress to qualify for recognition of foreign proceedings under the SG Model Law, provided the law under which the proceeding is conducted includes provisions dealing with insolvency or debt adjus

Sushant Shukla· ·15 min read
Singapore

DFS v NUHS Fund Ltd [2023] SGHC 336

A gift to an unincorporated charity is construed as a gift for charitable purposes, and the gift does not lapse if the charitable purposes continue to be carried out by a successor institution, even if the original institutional form has been dissolved.

Sushant Shukla· ·14 min read
Singapore

Mak-Levrion Kah Kay Natasha (alias Mai Jiaqi Natasha) v R Shiamala [2023] SGHC 335

A claimant must establish a prima facie case before the court considers whether a defendant has raised a bona fide defence in a summary judgment application.

Sushant Shukla· ·12 min read