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Hyflux Ltd (in compulsory liquidation) and others v KPMG LLP [2023] SGHC 270
Requests for further and better particulars that are in substance requests for evidence are improper and should be refused.
Jiangsu New Huaming International Trading Co Ltd v PT Musim Mas and another [2023] SGHC 27
A plaintiff may be granted leave to amend pleadings to reinsert a claim previously struck out for non-compliance with an 'unless order', provided the claim is not time-barred and the amendment does not cause uncompensable prejudice.
SCP Holdings Pte Ltd v I Concept Global Growth Fund and another matter [2023] SGHC 269
An agreement to agree is not a contract and is unenforceable. The court will set aside a statutory demand only if there are triable issues as to whether the debt is payable.
Tan Siew Kheng (personal representative of the estate of Tan Siew Cheng, deceased) v Teo Kian Kian (personal representative of the estate of Tan Siew Hiang, deceased) [2023] SGHC 268
The court has the power to order a sale of land in lieu of partition under the SCJA, but it does not have the power to order a co-owner to compulsorily purchase another co-owner's share at a price lower than the best price obtainable.
DBL v DBM [2023] SGHC 267
A party challenging an arbitration award for breach of natural justice must establish that the breach was connected to the making of the award and caused actual prejudice; mere technical breaches are insufficient.
Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) v HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd) [2023] SGHC 264
The court held that the Side Letter varied the Sub-Contract, precluding the plaintiff from making claims against the defendant for welding defects, except through the defendant's warranty obligations, which had already expired.
Sabyasachi Mukherjee and another v Pradeepto Kumar Biswas and another matter [2023] SGHC 262
A bankrupt is incompetent to commence, continue, or defend any action without the previous sanction of the Official Assignee or Private Trustee in Bankruptcy, unless the action falls within the specific exceptions in s 401(1) of the IRDA.
Tsudakoma Corp v Global Trade Well Pte Ltd [2023] SGHC 26
The court held that a good arguable case existed that an exclusive jurisdiction clause in a 2017 MOU, incorporated into a 2018 MOU, applied to the dispute, and that the respondent failed to show strong cause to refuse a stay of proceedings.
Maybank Singapore Ltd v Synergy Global Resources Pte Ltd [2023] SGHC 258
The court held that the debtor failed to raise a triable issue regarding its cross-claim or the claimant's exercise of contractual discretion to recall banking facilities, thus the winding up application was allowed.
Li Jialin and another v Wingcrown Investment Pte Ltd [2023] SGHC 256
A deposit of 20% of the purchase price is customary and moderate in Singapore property transactions and constitutes a true deposit, which is forfeitable upon breach regardless of actual loss. The penalty rule does not apply to true deposits.
Tiger Pictures Entertainment Ltd v Encore Films Pte Ltd [2023] SGHC 255
A statutory exclusive licensee under the Copyright Act 2021 cannot grant a statutory exclusive licence by way of sub-licence; such a sub-licence is merely a contractual sub-licence and does not divest the original exclusive licensee of their standing to sue for copyright infringe
Re X Diamond Capital Pte Ltd (Metech International Ltd, non-party) [2023] SGHC 253
The court held that the applicant for a judicial management order need only establish a 'real prospect' that the statutory purposes of judicial management will be achieved, which is a lower threshold than the balance of probabilities.
How Soo Feng v Public Prosecutor and another appeal [2023] SGHC 252
The court held that the appellants were knowingly parties to the carrying on of the business of TGL PL for a fraudulent purpose, as they knew the business model was inherently loss-making and unsustainable, and they had no plausible belief in any profit-generating mechanism.
Majestica Enterprises Ltd and another v Kams Singapore Pte Ltd (in compulsory liquidation) [2023] SGHC 250
The court may grant a prospective order under s 204(3) of the IRDA to give funding creditors an advantage over other creditors, provided the advantage is reasonable, other creditors had an opportunity to fund, and the liquidator retains control over the proceedings.
Kesavan Chandiran v Public Prosecutor [2023] SGHC 25
The difference in age of co-offenders engaged in the same criminal enterprise can be a valid basis for modifying the application of the parity principle between them, even if both are above the age of majority, provided the age difference is significant.
PT Bank Negara Indonesia (Persero) TBK, Singapore Branch v Farooq Ahmad Mann (in his capacity as judicial manager) and another and other matters [2023] SGHC 249
The court held that a less exacting standard applies to an interim judicial manager adjudicating a proof of debt for the limited purpose of voting at a pre-appointment meeting, requiring only a prima facie case.
Mohd Sadique bin Ibrahim Marican v The Law Society of Singapore and another [2023] SGHC 246
The court held that an applicant for reinstatement to the Roll must satisfy the three-factor test (Time, Rehabilitation, Public Interest) and that the applicant in this case had demonstrated full rehabilitation after a significant period of disbarment.
Voltas Ltd v Ng Theng Swee and another [2023] SGHC 245
A director is not liable for conspiracy with their company unless they act in breach of their personal legal duties to the company.
CXG and another v CXI and others [2023] SGHC 244
Forum non conveniens principles are irrelevant to the court's exercise of jurisdiction over an application to enforce a domestic interim measure in a Singapore-seated international arbitration under s 12(6) of the IAA.
Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243
A principal is not attributed with the knowledge of an agent who has breached his fiduciary duty to the principal, particularly where the third party is complicit in the breach.
Abcom Pte Ltd v TransAsia Private Capital Ltd and another [2023] SGHC 242
The court will enjoin a winding-up application only if the debt is disputed in good faith and on substantial grounds. The doctrine of frustration does not apply to excuse non-payment of loan instalments while the contract remains in force.
Amber Compounding Pharmacy Pte Ltd and another v Lim Suk Ling Priscilla and others [2023] SGHC 241
A plaintiff in a claim for breach of confidence is entitled to plead and claim that both its wrongful gain interest and wrongful loss interest have been infringed, and the court may award both damages under the Coco approach and equitable damages under the I-Admin approach.
Re Genesis Asia Pacific Pte Ltd (in its capacity as a foreign representative for Genesis Asia Pte Ltd) and another and other matters [2023] SGHC 240
A corporate entity can be recognised as a 'foreign representative' under the Model Law, and a debtor can be its own 'foreign representative'.
Zhongshan Shengwang Electrical Appliance Co Ltd v Triple D Trading Pte Ltd [2023] SGHC 239
The court held that the plaintiff was the contracting party that sold and supplied the goods to the defendant, despite the involvement of a third-party export agent.