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Blomberg, Johan Daniel v Khan Zhi Yan [2023] SGHC 238

A substantive contractual consent order cannot be set aside ab initio unless there are recognised vitiating factors in contract law; the court has no residual discretion to set aside such orders to prevent injustice.

Sushant Shukla· ·13 min read
Singapore

CZO v CZP [2023] SGHC 237

The court held that a tribunal's failure to expressly address an argument does not constitute a breach of natural justice if the tribunal's reasoning, read in context, demonstrates that it applied its mind to the issue.

Sushant Shukla· ·12 min read
Singapore

Re Lemarc Agromond Pte Ltd [2023] SGHC 236

The court dismissed an application for a second extension of a moratorium under s 64(1) of the IRDA because the applicant failed to demonstrate significant progress in its restructuring efforts or provide a realistic timeline for a scheme of arrangement.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Tan Yew Kuan and another [2023] SGHC 235

The court held that the accused persons failed to rebut the presumption of knowledge under s 18(2) of the MDA and were guilty of trafficking in diamorphine.

Sushant Shukla· ·14 min read
Singapore

Re Logistics Construction Pte Ltd [2023] SGHC 231

A moratorium under s 64(1) of the IRDA should be granted where a company seeks protection from creditors to implement rehabilitative efforts, provided there is a reasonable prospect of the proposed scheme working.

Sushant Shukla· ·13 min read
Singapore

Tritech Water Technologies Pte Ltd and others v Duan Wei and another [2023] SGHC 23

The decision in Tritech Water Technologies Pte Ltd and others v Duan Wei and another [2023] SGHC 23 represents a significant exploration of the boundaries of employee loyalty, the rigours of the law of confidence, and the high evidentiary threshold required to sustain a claim in

Sushant Shukla· ·13 min read
Singapore

Koh Shu Cii Iris v Attorney-General [2023] SGHC 229

The court held that a Magistrate has judicial discretion under s 152(1) of the CPC to dismiss a complaint without further inquiry if the complaint discloses no offence, and that there is no statutory right of appeal against such a dismissal.

Sushant Shukla· ·13 min read
Singapore

Santoso Winoto v Suseno Winoto and another [2023] SGHC 228

The court has the inherent power to stay the implementation and distribution of an order for sale, but such discretion must be exercised on principled grounds, considering factors such as the existence of separate proceedings, prospects of success, and prejudice to the parties.

Sushant Shukla· ·15 min read
Singapore

Asian Eco Technology Pte Ltd v Deng Yiming [2023] SGHC 227 [2023] SGHC 260

The court granted summary judgment in favour of the claimant, finding that the defendant failed to raise a triable issue regarding the ownership and possession of diamond seeds and loose diamonds, and that the defendant's bare assertions of a loan were unsupported by evidence.

Sushant Shukla· ·15 min read
Singapore

Chang Peng Hong Clarence v Public Prosecutor and other appeals [2023] SGHC 225

The court clarified the interpretation of s 13(1) of the Prevention of Corruption Act, holding that it does not limit the court to a single global penalty order and that in-default sentences should be calibrated to ensure effective disgorgement of ill-gotten gains.

Sushant Shukla· ·15 min read
Singapore

Riviera Co, Ltd v Toshio Masui [2023] SGHC 223

The court will not allow an amendment to a defence at a late stage of proceedings if the proposed amendment is unsustainable, lacks bona fides, or is a piecemeal attempt to prolong litigation.

Sushant Shukla· ·15 min read
Singapore

Lim Oon Kuin and others v Rajah & Tann Singapore LLP and another matter [2023] SGHC 222

The court dismissed the applicants' appeals against the Assistant Registrar's decision to disallow amendments to originating summonses and to strike out the proceedings, holding that the applications constituted an abuse of process under the Henderson doctrine as the applicants h

Sushant Shukla· ·14 min read
Singapore

Foo Diana v Woo Mui Chan [2023] SGHC 221

The defendant is liable for defamation for statements made on the Law Society of Singapore's Google page and in a formal complaint to the Law Society, as the defences of justification and qualified privilege were defeated by the lack of truth and the presence of malice respective

Sushant Shukla· ·13 min read
Singapore

Winson Oil Trading Pte Ltd v Oversea-Chinese Banking Corp Ltd and another suit [2023] SGHC 220

The Fraud Exception to the autonomy of letters of credit is established where a beneficiary presents documents containing material representations of fact that they know to be untrue, or makes such representations without belief in their truth (including being reckless/indifferen

Sushant Shukla· ·15 min read
Singapore

Poongothai Kuppusamy v Huationg Contractor Pte Ltd & Other [2023] SGHC 215

The judgment in Poongothai Kuppusamy v Huationg Contractor Pte Ltd & Other [2023] SGHC 215 represents a comprehensive judicial exposition on the assessment of damages for catastrophic personal injuries, specifically focusing on the quantification of losses following a lower-l

Sushant Shukla· ·14 min read
Singapore

K Shanker Kumar v Nedumaran Muthukrishnan (Official Assignee, non-party) [2023] SGHC 214

The court has residual discretion under s 316(3)(e) of the IRDA to dismiss a bankruptcy application where there is sufficient cause, such as procedural injustice or miscommunication regarding the debtor's suitability for the Debt Repayment Scheme.

Sushant Shukla· ·15 min read
Singapore

Re Singapore Medical Council [2023] SGHC 213

The court will only grant extensions of time for the Complaints Committee to complete its inquiry if adequate reasons are provided, keeping in mind the legislative intent to expedite the complaints process.

Sushant Shukla· ·12 min read
Singapore

Chian Teck Realty Pte Ltd v SDK Consortium and another [2023] SGHC 210

A beneficiary's call on an unconditional performance bond is invalid if it is made pursuant to a clause requiring a condition precedent (such as a notice of non-extension) that has not been satisfied. The fraud exception requires a high standard of proof, which is not met where t

Sushant Shukla· ·12 min read
Singapore

Rida Global Pte Ltd v Lim Chuan Ren Jonathan [2023] SGHC 21

The court held that proceedings in the ECT should be transferred to the High Court where there is a significant overlap of factual and legal issues with a High Court suit, and where the complexity of the issues (such as fiduciary duties) warrants legal representation.

Sushant Shukla· ·12 min read
Singapore

Lin Yueh Hung and another v Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and others [2023] SGHC 208

The court clarified the application of O 4 r 3(3) of the Rules of Court 2021 regarding the self-representation of a company by an officer, noting that the focus is on the officer's characterisation and abilities rather than the detailed procedural requirements of the former ROC 2

Sushant Shukla· ·14 min read
Singapore

Prasanth s/o Mogan v Public Prosecutor [2023] SGHC 207

The court affirmed that while rehabilitation is the primary sentencing consideration for young offenders, deterrence and retribution remain relevant where the offence is serious, harm is severe, or the offender is recalcitrant.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Soo Cheow Wee and another appeal [2023] SGHC 204

The court held that an offender's mental condition can be a mitigating factor if it is causally linked to the offending behaviour, and that the court must assess the offender's insight into their condition and the impact of substance abuse on their mental state.

Sushant Shukla· ·14 min read
Singapore

Nail Palace (BPP) Pte Ltd v v Competition and Consumer Commission of Singapore and another appeal [2023] SGHC 203

The court affirmed that accompanying orders under the CPFTA are intended to inform consumers, enhance monitoring, and deter unfair practices, and that such orders are not contingent on a breach of an injunction.

Sushant Shukla· ·15 min read
Singapore

Xu Yuan Chen (alias Terry Xu) v Attorney-General [2023] SGHC 200

The court dismissed the appellant's appeal against a Correction Direction issued under the POFMA, finding that the subject statements were false and that the appellant failed to establish a prima facie case for setting aside the direction.

Sushant Shukla· ·13 min read