LITTLITT Try LITT free
Singapore

Lim Swee Joo v Nan Bei Dou Mu Gong and another [2024] SGHC 33

A claim for debt based on an oral loan agreement is enforceable if the plaintiff can prove the existence of the loan on a balance of probabilities, even if the oral agreement itself is void due to the non-existence of the corporate entity at the time of the agreement.

Sushant Shukla· ·13 min read
Singapore

Finaport Pte Ltd v Techteryx Ltd [2024] SGHC 329

The court dismissed an application for an anti-suit injunction, holding that the foreign proceedings were not vexatious or oppressive and were not commenced in breach of contract, as the applicant was not a party to the contract containing the dispute resolution clause.

Sushant Shukla· ·12 min read
Singapore

Re Lim Oon Kuin and other matters [2024] SGHC 328

The court held that in appointing a private trustee in bankruptcy, the court must weigh the preferences of the majority creditors against other factors, including the nominee's independence and skill, rather than treating creditor preference as determinative.

Sushant Shukla· ·14 min read
Singapore

Cachet Multi Strategy Fund SPC (on behalf of Cachet Special Opportunities SP) v Feng Shi and others [2024] SGHC 327

The court held that the ban against the production of internal documents under O 11 r 5(2) of the ROC 2021 does not apply to known adverse documents, and a party remains under a continuing duty to disclose such documents.

Sushant Shukla· ·12 min read
Singapore

Management Corporation Strata Title Plan No 2567 v Tan Eng Siang [2024] SGHC 326

Leave of court is not required to commence or proceed with legal proceedings against a bankrupt where the proceedings do not involve any creditors or underlying debt provable in bankruptcy.

Sushant Shukla· ·15 min read
Singapore

Concorde Services Pte Ltd (in liquidation) v Ong Kim Hock and another [2024] SGHC 324

A director who misapplies company assets and fails to account for them breaches fiduciary duties and is liable for substitutive compensation.

Sushant Shukla· ·16 min read
Singapore

SW Trustees Pte Ltd v Teodros Ashenafi Tesemma [2024] SGHC 322

The judgment in SW Trustees Pte Ltd v Teodros Ashenafi Tesemma [2024] SGHC 322 represents a significant judicial examination of the "clawback" provisions under Singapore’s insolvency regime, specifically concerning transactions at an undervalue and the fiduciary obligations of di

Sushant Shukla· ·14 min read
Singapore

Hong Kah Ing v Tee Kim Leng and others [2024] SGHC 321

The court held that striking out is a power to be exercised only in plain and obvious cases, and that arguments regarding the enforceability of an agreement for lack of consideration are matters for trial.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Muhammad Hanafi bin Abdul Talip and another [2024] SGHC 319

The court held that the Prosecution had established the chain of custody for the drug exhibits and that the accused persons had failed to rebut the presumption of trafficking under the Misuse of Drugs Act.

Sushant Shukla· ·18 min read
Singapore

Duke Bakery Pte Ltd v Lin Liming and others [2024] SGHC 318

The court dismissed the claims against the directors and finance manager, finding that the alleged 'Transfer Agreement' was not established and that the loan in question was a temporary, short-term loan that the company was contractually bound to repay.

Sushant Shukla· ·13 min read
Singapore

Kalachelvam s/o Packirisamy v Public Prosecutor [2024] SGHC 317

A criminal motion is not an appropriate procedural device to seek a restructuring of sentences where the applicant has exhausted their right of appeal and failed to demonstrate grave and serious injustice.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Chong Shiong Hui [2024] SGHC 316

The court imposed a 16-year imprisonment sentence and five strokes of the cane for attempted murder, emphasizing that the viciousness of the attack and the need for retribution and deterrence outweighed any rehabilitative or mitigatory factors.

Sushant Shukla· ·12 min read
Singapore

Ng Cheng Tiam v Public Prosecutor and other appeals [2024] SGHC 315

The court applied the sentencing framework for s 323A offences established in Ang Boon Han v Public Prosecutor [2024] 5 SLR 754, rejecting the previous framework used by the District Judge.

Sushant Shukla· ·12 min read
Singapore

Tay Lak Khoon v Tan Wei Cheong (as Judicial Manager of USP Group Ltd) and others [2024] SGHC 312

The court held that votes of related party creditors in a judicial management creditors' meeting should be discounted to zero if they are not independent, as the decision to count such votes can be unfairly prejudicial under s 115(b) of the IRDA.

Sushant Shukla· ·13 min read
Singapore

Maag, Daniel and another v Lalit Kumar Modi [2024] SGHC 311

A claimant who has been granted leave to effect service out of jurisdiction cannot amend their pleadings to introduce claims that have no nexus to Singapore, as this would constitute an abuse of process.

Sushant Shukla· ·15 min read
Singapore

Devin Jethanand Bhojwani and others v Jethanand Harkishindas Bhojwani [2024] SGHC 310

The judgment in Devin Jethanand Bhojwani and others v Jethanand Harkishindas Bhojwani [2024] SGHC 310 represents a significant judicial examination of the boundaries of testamentary trust administration, the limits of "absolute discretion" clauses, and the rigorous application of

Sushant Shukla· ·17 min read
Singapore

Lin Yueh Hung (as liquidators of CST South East Asia Pte Ltd (in members’ voluntary liquidation)) and another v Andreas Vogel & Partner, Rechtsanwaelte, AV & P Legal LLP and others [2024] SGHC 31

The court determined that the liquidators' rejection of the defendants' proofs of debt was valid and correct, as the claims were either time-barred or lacked a valid contractual basis.

Sushant Shukla· ·14 min read
Singapore

DJK and others v DJN [2024] SGHC 309

The court held that the Arbitrator's conduct did not give rise to a reasonable suspicion or apprehension of bias in the fair-minded and informed observer.

Sushant Shukla· ·14 min read
Singapore

Wuhu Ruyi Xinbo Investment Partnership (Ltd Partnership) v Shandong Ruyi Technology Group Co, Ltd and another [2024] SGHC 308

The court has the power to enforce unless orders in proceedings to enforce a foreign arbitral award, and such enforcement is not contrary to the New York Convention or the principle of minimal curial intervention.

Sushant Shukla· ·16 min read
Singapore

Thangarajan Elanchezhian v Public Prosecutor [2024] SGHC 306

The court affirmed the conviction and sentence for outrage of modesty, emphasizing the importance of judicial case management in sexual offence trials to protect complainants from re-traumatization during cross-examination.

Sushant Shukla· ·11 min read
Singapore

RHB Bank Bhd v Bob TX Food Empire Pte Ltd and other matters [2024] SGHC 305

The court will generally grant a winding-up order where the statutory prerequisites are met and the company is insolvent, unless the company can establish a valid basis to disapply the general rule, such as by invoking a restructuring regime.

Sushant Shukla· ·13 min read
Singapore

Value Monetization III Ltd v Lim Beng Choo and another matter [2024] SGHC 304

The court held that a judgment debtor who has paid a judgment debt is entitled to seek contribution from other jointly and severally liable judgment debtors under s 15(1) of the Civil Law Act 1909, even if the payment was made without the other debtors' consent, and that the asse

Sushant Shukla· ·13 min read
Singapore

Group Lease Holdings Pte Ltd (in liquidation) and another v Group Lease Public Co Ltd [2024] SGHC 302

The decision in [2024] SGHC 302 represents a significant exploration of the court's power to grant interim injunctive relief in the context of complex insolvency litigation and alleged voidable transactions. The dispute arose between Group Lease Holdings Pte Ltd (in liquidation)

Sushant Shukla· ·16 min read
Singapore

DJY v DJZ and another [2024] SGHC 301

A standby letter of credit that functions as security for the refund of payments under an underlying contract, rather than as a primary payment instrument, is properly characterised as a performance bond. Consequently, the threshold for restraining a call on such an instrument is

Sushant Shukla· ·12 min read