LITT
Try LITT free
Don King Martin (trading as King Excursion & Transport Provider) v Lenny Arjan Singh [2023] SGHC 334
The conversion period does not end when a tortfeasor loses possession of the chattel due to a third party's seizure, unless the tortfeasor has taken steps to allow the owner to reclaim it. The tortfeasor remains liable for the loss of the chattel as a reasonably foreseeable conse
Nimisha Pandey and another v Divya Bothra [2023] SGHC 332
The court held that amendments to pleadings post-judgment should be granted sparingly, and that a running account defence requires a coincidence of parties between the original claim and the alleged running account.
Shanmugam Kasiviswanathan v Lee Hsien Yang and another matter [2023] SGHC 331
Under the Rules of Court 2021, a claimant may apply for judgment in default of a Notice of Intention for all types of claims, including those seeking injunctive relief, without needing to fit the claim into the specific categories previously required under the Rules of Court 2014
Re Ocean Tankers (Pte) Ltd (in liquidation) [2023] SGHC 330
The court held that an assignment of contractual rights in breach of a non-assignment clause is ineffective in equity, and that insolvency set-off under the IRDA applies to companies in judicial management under the IRDA but not those under the Companies Act.
Ong Jane Rebecca v Lim Lie Hoa [2023] SGHC 33
The principles governing the exercise of the court's investigative powers under s 244 of the IRDA (regarding insolvent companies) are equally applicable to s 335 of the IRDA (regarding bankruptcy).
Re Babel Holding Ltd (Parastate Labs, Inc and others, non-parties) [2023] SGHC 329
The court granted leave to convene a scheme meeting, finding that the proposed Deed Poll Structure and substantive consolidation were appropriate given the hopelessly intertwined affairs of the Babel Group, and that the creditor classification was correct as Parastate's claims we
Gazelle Ventures Pte Ltd v Lim Yong Sim and others [2023] SGHC 328
The court held that there is no such thing as a 'freestanding' injunction unrelated to a cause of action or enforcement of a legal right, and that interlocutory injunctions must be incidental to substantive rights.
Lim Siew Fern v Tan Beng Yong and others (Tan Meng Hin, third party) [2023] SGHC 327
The court will not interfere with an expert's valuation or forensic investigation unless there is fraud, manifest error, or an excess of jurisdiction, as the court respects the expert's professional judgment.
Chng Heow Ho (alias Victor Chng) v Chng Choon Ming Roger [2023] SGHC 325
The court found that the plaintiff failed to prove the existence of the purported oral agreement or any trust, and that the subsequent restructuring agreement effectively extinguished any claims to the family funds.
Re AAX Asia Pte Ltd (under judicial management) and another [2023] SGHC 324
The court held that an interim judicial manager has standing to bring a winding up application under s 124(1)(h) of the IRDA, and that the need to empower a liquidator to conduct enhanced investigations for the benefit of unsecured creditors is a sufficient ground to wind up a co
Loh Cheng Lee Aaron and another v Hodlnaut Pte Ltd (Zhu Juntao and others, non-parties) [2023] SGHC 323
Cryptocurrency obligations count as debts for the purpose of determining insolvency under the IRDA, and the company was found to be cash flow insolvent.
Attorney-General v Ravi s/o Madasamy and another matter [2023] SGHC 321
The judgment in Attorney-General v Ravi s/o Madasamy and another matter [2023] SGHC 321 represents a significant milestone in the sentencing jurisprudence under the Administration of Justice (Protection) Act 2016 (AJPA). Following a prior determination of liability in [2023] SGHC
Lim How Teck v Laguna National Golf and Country Club Ltd and another matter [2023] SGHC 32
A no-action clause in a trust deed does not preclude a noteholder from pursuing winding-up proceedings against the issuer if the trustee is in a position of conflict of interest.
CoShield Global Pty Ltd and others v Krittapaj Sorralump [2023] SGHC 319
Committal proceedings for civil contempt are not appropriate for the enforcement of monetary judgments against an impecunious judgment debtor who is simply unable to pay.
Law Society of Singapore v de Souza Christopher James [2023] SGHC 318
The Court of Three Judges held that the Fourth Charge of suppressing evidence under r 10(3)(a) of the Legal Profession (Professional Conduct) Rules 2015 requires proof of subjective intention, which was not established in this case.
Swift Maids Pte Ltd and another v Cheong Yi Qiang and others [2023] SGHC 317
An employee breaches their employment contract by engaging in competitive activities and failing to devote their time and skills to their employer's interests, but nominal damages are awarded if the employer fails to prove actual loss.
Khoo Phaik Eng Katherine and another v Khoo Phaik Ean Patricia and another [2023] SGHC 314
The court held that the conversion of personal bank accounts into joint-alternate accounts did not automatically confer beneficial interest on the survivors where the evidence showed the deceased intended to retain beneficial ownership for his estate.
Mahmud Ebrahim Kasam Munshi v Mohamed Saleh [2023] SGHC 309
The court held that the defendant held the joint account and a portion of the JC Court Property on a resulting trust for the Mother's estate, as the defendant failed to rebut the presumption of resulting trust with evidence of a common intention or advancement.
Peloso, Matthew v Vikash Kumar and another [2023] SGHC 308
A claim should be struck out if the claimant's own expert evidence renders the pleaded case factually impossible, such that there is no longer a triable issue of fact.
Cradle Wealth Solutions Pte Ltd v MTN Consultants & Building Management Pte Ltd and another [2023] SGHC 307
The court held that the Settlement Agreement was not a sham and that the parol evidence rule, reinforced by an entire agreement clause, precluded the defendants from relying on an alleged oral condition precedent.
Ng Kok Wai v Public Prosecutor [2023] SGHC 306
Section 3 of the Penal Code is an extraterritorial application provision that, when read with a jurisdictional provision like s 50(2)(c) of the State Courts Act, allows Singapore courts to try offences committed by Singapore citizens on the high seas.
Affert Resources Pte Ltd (in compulsory winding up) v Industries Chimiques du Senegal and another [2023] SGHC 305
The court held that the test for granting an extension of time in interlocutory applications should balance the parties' interests and the court's interest in the due administration of justice, rather than focusing solely on whether prejudice can be compensated by costs.
Hyphen Trading Ltd v BLPL Singapore Pte Ltd and others [2023] SGHC 302
The court refused to order a sale of cargo pendente lite under O 13 r 4(1) of the Rules of Court 2021 because the claimant failed to show that the cargo was likely to diminish in value or that a sale was otherwise desirable, especially given the claimant's undertaking to bear pre
Natixis, Singapore Branch v Lim Oon Kuin and others [2023] SGHC 301
A party has a duty to take reasonable steps to search for relevant documents in their possession, custody or power, and this duty extends to making reasonable efforts to request documents from third parties. The test for 'power' over documents is the practical ability to access o