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Singapore

Chng Kheng Chye (in a representative capacity on behalf of Kaefer Prostar Pte Ltd) v Kaefer Integrated Services Pte Ltd [2023] SGHC 30

The court held that the Management Agreements were not binding contracts but mere accounting records, and that the Plaintiff had established the existence of a loan arrangement whereby the Defendant retained the disputed sum as a loan to be repaid to the Company.

Sushant Shukla· ·15 min read
Singapore

Sunrise Industries (India) Ltd v PT OKI Pulp & Paper Mills and another [2023] SGHC 3

The court held that the amendment of a letter of credit does not automatically constitute a variation of the underlying contract, and that a party claiming variation must prove both agreement and consideration.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Soh Chee Wen and another [2023] SGHC 299

The judgment in Public Prosecutor v Soh Chee Wen and another [2023] SGHC 299 represents one of the most significant judicial pronouncements on market manipulation and securities fraud in the history of Singapore’s financial markets. The case involves the orchestration of a massiv

Sushant Shukla· ·16 min read
Singapore

H P Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2023] SGHC 298

The seven-day period for filing an adjudication application under s 13(3)(a) of the Building and Construction Industry Security of Payment Act 2004 excludes the day on which the entitlement to make the application first arises, pursuant to s 50(a) of the Interpretation Act 1965.

Sushant Shukla· ·12 min read
Singapore

Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro SAPI de CV and others [2023] SGHC 297

In Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro SAPI de CV and others [2023] SGHC 297, the General Division of the High Court addressed a high-stakes jurisdictional and corporate control dispute involving six Singapore-incorporated special

Sushant Shukla· ·14 min read
Singapore

Ari Investments Ltd and another v Accelera Precious Timber and Strategic Agriculture Ltd and others [2023] SGHC 295

The court held that the plaintiffs were barred by res judicata from raising issues that could and should have been raised in previous proceedings, and that the failure to do so due to shortcomings in interlocutory conduct did not constitute special circumstances.

Sushant Shukla· ·15 min read
Singapore

Spamhaus Technology Ltd v Reputation Administration Service Pte Ltd [2023] SGHC 294

A binding contract can be formed through correspondence even if the written agreement remains unsigned, provided the parties have objectively reached an agreement on all essential terms.

Sushant Shukla· ·12 min read
Singapore

Lian Tian Yong Johnny v Tan Swee Wan and another [2023] SGHC 292

The court held that the appellant was not entitled to equitable contribution due to the unclean hands defence, but reversed the lower court's decision allowing the respondents' counterclaims for indemnity as they were not sufficiently proven.

Sushant Shukla· ·13 min read
Singapore

Arokiasamy Steven Joseph (administrator of the estate of Salvin Foster Steven, deceased) and another v Lee Boon Chuan Nelson and others and other matters [2023] SGHC 291

The court held that costs for litigants-in-person should be fixed by the trial judge based on the facts and merits of the case, rather than by applying strict formulae or caps.

Sushant Shukla· ·13 min read
Singapore

Re Aaquaverse Pte Ltd and other matters [2023] SGHC 29

The court will only grant an extension of a moratorium under ss 64 and 65 of the IRDA if the applicant demonstrates a reasonable prospect of the proposed scheme of arrangement working, which requires a robust and rigorous analysis of the scheme's viability.

Sushant Shukla· ·13 min read
Singapore

Vang Shuiming v Public Prosecutor [2023] SGHC 289

The High Court will only exercise its revisionary jurisdiction to grant bail if the decision of the court below gives rise to serious injustice.

Sushant Shukla· ·13 min read
Singapore

Tan Meow Hiang (trading as Chip Huat) v Ong Kay Yong (trading as Wee Wee Laundry Service) [2023] SGHC 286

The General Division of the High Court does not have a general power to make instalment orders for monetary judgments, except when exercising appellate jurisdiction over State Court decisions.

Sushant Shukla· ·14 min read
Singapore

DDP (in his capacity as the joint and several trustees of the bankruptcy estate of [B]) and another v DDR (a minor) and another [2023] SGHC 285

The court held that a transfer of beneficial interest in property via a Declaration of Trust constituted a transaction at an undervalue under s 361 of the IRDA, as the bankrupt received no consideration and was insolvent at the time of the transaction.

Sushant Shukla· ·14 min read
Singapore

Management Corporation Strata Title Plan No 1788 v Lau Hui Lay William and another [2023] SGHC 284

Section 37 of the Building Maintenance and Strata Management Act 2004 does not apply retrospectively to improvements completed before the Act came into force on 1 April 2005.

Sushant Shukla· ·13 min read
Singapore

Ang Hua Heng and another v Ang Hwa Khong Daniel [2023] SGHC 283

The court held that the Deed of Trust was a valid and enforceable instrument that evidenced an express trust over the property in favour of the deceased, Mr Ang, as he had paid the purchase price.

Sushant Shukla· ·15 min read
Singapore

Re Lee Jun Ming Chester and other matters [2023] SGHC 282

The court held that applicants for admission who have committed past misconduct (criminal or academic) may still be admitted if they demonstrate sufficient reformation of character, evidenced by a clean record, remorse, and the passage of time.

Sushant Shukla· ·14 min read
Singapore

JE Synergy Engineering Pte Ltd v Niu Ji Wei and another (Sinohydro Corp Ltd (Singapore Branch), third party; Vico Construction Pte Ltd, fourth party) [2023] SGHC 281

The court affirmed the grant of a case management stay of court proceedings in favour of arbitration where there was a significant overlap of issues and parties, and where the resolution of the court proceedings depended on the resolution of issues in the arbitration.

Sushant Shukla· ·12 min read
Singapore

ILC Co, Ltd v Saitama Hiroshi and others [2023] SGHC 280

The purpose of a Mareva injunction is to preserve assets claimed by a plaintiff until trial; once the claim is secured, the disclosure obligation should not be used for extraneous purposes.

Sushant Shukla· ·13 min read
Singapore

Mohamed Faizel Ahmed v Public Prosecutor and another matter [2023] SGHC 278

The court dismissed an appeal against conviction and a motion to adduce fresh evidence, finding that the fresh evidence failed the Ladd v Marshall test and that the appellant had failed to rebut the statutory presumptions under the Misuse of Drugs Act.

Sushant Shukla· ·14 min read
Singapore

Wang Piao v Lee Wee Ching [2023] SGHC 277

A claimant establishes a prima facie case for summary judgment by producing a signed loan agreement, and the defendant must then show a real or bona fide defence, which mere assertions or inconsistent evidence fail to do.

Sushant Shukla· ·15 min read
Singapore

Tan Yew Huat v Sin Joo Huat Hardware Pte Ltd and another matter [2023] SGHC 276

The court held that a winding up order on just and equitable grounds under s 125(1)(i) of the IRDA will generally be declined if the applicant has an alternative exit mechanism, such as a voluntary winding up, and no unfairness is established.

Sushant Shukla· ·14 min read
Singapore

RB Investments Pte Ltd v Kardachi, Jason Aleksander and others [2023] SGHC 274

Legal advice privilege is not lost if a document is forwarded to a third party, provided the communication remains confidential and the third party is an authorised representative. However, if the communication is not for the purpose of legal advice and the third party is not an

Sushant Shukla· ·14 min read
Singapore

SW Trustees Pte Ltd (in compulsory liquidation) and another v Teodros Ashenafi Tesemma and others (Teodros Ashenafi Tesemma, third party) [2023] SGHC 273

The court held that the requirements in Ladd v Marshall apply to the admission of fresh evidence in interlocutory appeals, though they may be applied with less rigour than in appeals following a full trial. Furthermore, the court clarified that for s 29(1)(a) of the Limitation Ac

Sushant Shukla· ·13 min read
Singapore

Tan Zhi Wei Alan v Tan Jia Lin Jaylin [2023] SGHC 271

An application to remove a joint administrator must be commenced in the Family Courts in the first instance, as it falls within the jurisdiction of the Family Justice Courts.

Sushant Shukla· ·12 min read