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Ser Kim Koi and Another v Fulton William Merrell and Others [2008] SGHC 23
The court has the power under O 20 r 8(1) of the Rules of Court to allow the amendment of a list of documents to correct mistakes, particularly where privileged documents were mistakenly included in Part 1 of Schedule 1, but there is no authority for deleting documents from a lis
ComfortDelGro Engineering Pte Ltd v City Ken Pte Ltd [2008] SGHC 19
The court held that 'costs thrown away' is not the natural order for costs in an amendment application, and that 'reasonableness' is the guiding principle for such awards.
Lai Swee Lin Linda v Attorney-General [2008] SGHC 17
A letter to a judge requesting further arguments is not a 'step or proceeding' for the purposes of automatic discontinuance under O 21 r 2(6) of the Rules of Court unless such a process is mandated by law.
United States Trading Co Pte Ltd v Ting Boon Aun and Another [2008] SGHC 15
A firm is liable under s 11(b) of the Partnership Act for the misapplication of money received in the course of its business, regardless of whether the other partners were aware of the fraud.
Hawley & Hazel Chemical Co (S) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13
Summary judgment should be granted to a plaintiff where the defendant has no defence to the claim, even if the defendant sets up a plausible counterclaim, with a stay of execution granted pending the trial of the counterclaim.
Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd [2008] SGHC 12
This case clarifies that in summary judgment proceedings under Order 14, a defendant is barred from relying on affidavit evidence that contradicts their formal pleadings. The court held that consistency between pleadings and evidence is essential unless an amendment is granted.
Sports Connection Pte Ltd v Deuter Sports Gmbh and Another [2007] SGHC 89
When a plaintiff amends pleadings to withdraw allegations against one co-defendant, the other co-defendant may be entitled to costs thrown away if they were reasonably incurred in preparing to defend against those allegations.
Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) v Lee Chee Yian (Mayban General Assurance, intervener) [2007] SGHC 88
The court held that the two limbs of O 29 r 11(2) of the Rules of Court are disjunctive, and that an insurer cannot repudiate liability to a third party to avoid an interim payment order.
Koh Toi Choi v Lim Geok Hong and Another [2007] SGHC 87
A trial judge errs in law by striking out a defence at the trial stage when the defence is not obviously unsustainable, as this bypasses the basic rule that a plaintiff must prove its case and denies the defendant the right to test the plaintiff's case through cross-examination.
Perwira Affin Bank Berhad (formerly known as Perwira Habib Bank Malaysia Berhad) v Lee Hai Pey and Another [2007] SGHC 76
The court held that a stay of proceedings on a registration order does not invalidate the registration itself, and once the underlying foreign appeal process is exhausted, it is just and convenient to allow the judgment to be enforced.
The "Sin Chuen No 112" (Union Bank of Taiwan and others, interveners) [2007] SGHC 72
The court held that an intervener in an action in rem cannot seek summary judgment against the plaintiff on the plaintiff's own claim, but may apply to strike out the claim under O 18 r 19 of the Rules of Court if the claim is frivolous, vexatious, or an abuse of process.
Tullett Prebon (Singapore) Ltd and Others v Spring Mark Geoffrey and Another [2007] SGHC 71
The court held that there is no 'newspaper rule' in Singapore that prevents a journalist from being compelled to disclose their source in interrogatories, provided the information is relevant to the issues at trial.
Re Wee Soon Kim Anthony [2007] SGHC 66
A High Court judge has no jurisdiction to set aside the judgment of another High Court judge; such allegations must be raised before a superior court.
Murakami Takako v Wiryadi Louise Maria and Others [2007] SGHC 6
A foreign judgment in rem is not subject to the 6-year limitation period under the Limitation Act. Furthermore, foreign courts have jurisdiction to determine the succession to movables wherever situated of a testator dying domiciled in that country, and such adjudication is bindi
Oversea-Chinese Banking Corporation Ltd v Lulla-Motion (S) Pte Ltd [2007] SGHC 53
The court held that there was no reason to set aside orders made in the absence of the defendants where the defendants' absence was not caused by the plaintiff's conduct.
Credit Suisse v Lim Soon Fang Bryan [2007] SGHC 52
The court held that an order for a letter of request to examine witnesses abroad is a matter of judicial discretion, and the overarching question is whether the order is necessary for the purposes of justice. Cross-interrogatories are a form of cross-examination within the meanin
Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck and Another [2007] SGHC 43
In Alliance Entertainment Singapore Pte Ltd v Sim Kay Teck [2007] SGHC 43, the High Court struck out the plaintiff's action, ruling that an exclusive licensee lacking the requisite title to sue cannot use procedural joinder rules to cure a fundamental defect in the cause of action.
Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] SGHC 42
Equitable set-off requires a close and inseparable connection between claims, which is not established merely by a long-standing commercial relationship or the fact that goods were shipped on the same vessel.
Asia Polyurethane Mfg Pte Ltd v Tandjung Marketing International Pte Ltd [2007] SGHC 3
In Asia Polyurethane Mfg Pte Ltd v Tandjung Marketing International Pte Ltd [2007] SGHC 3, the High Court dismissed both the claim and counterclaim due to failures in pleading and evidentiary gaps, emphasizing the necessity of formally pleading all defenses in civil litigation.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2007] SGHC 28
The court held that the parties had reached a settlement to discontinue the action on the basis of the defendant's costs for the preliminary issues and the appeal, but not the costs of the main action.
Lee Hsien Loong v Review Publishing Co Ltd and Another and Another Suit [2007] SGHC 24
The court held that the burden of proving that service of process was effected in an appropriate manner lies with the plaintiff seeking to serve out of jurisdiction, and that the Treaty on Judicial Assistance between Singapore and the PRC does not extend to Hong Kong.
Attorney-General v Tee Kok Boon [2007] SGHC 226
Section 74(1) of the Supreme Court of Judicature Act applies to both civil and criminal proceedings, and the High Court has the power to restrain a vexatious litigant from instituting or continuing criminal proceedings without leave.
Ahuja Vivek Gopaldas and Another v Sukanda Sutisna [2007] SGHC 224
The court held that the defendant had granted a valid option to purchase with a 14-day expiry period, and that the plaintiffs had validly exercised it.
VH v VI and Another [2007] SGHC 221
A stay of proceedings on the ground of forum non conveniens will not be granted where the defendant has submitted to the jurisdiction and failed to establish that the foreign forum is clearly more appropriate.