LITT
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CHS CPO GmbH and Another v Vikas Goel and Others [2006] SGHC 49
The court held that an ex parte applicant for injunctive relief must show utmost good faith and disclose material facts fully and fairly, and that failure to draw such information to the court's attention constitutes material non-disclosure.
Peters Roger May v Pinder Lillian Gek Lian [2006] SGHC 39
The court held that Singapore was the most appropriate forum to determine the testator's domicile for probate purposes, as the testator had a real and substantial connection with Singapore and the respondent failed to show that England was a clearly more appropriate forum.
Swift-Fortune Ltd v Magnifica Marine SA [2006] SGHC 36
In Swift-Fortune Ltd v Magnifica Marine SA [2006] SGHC 36, the High Court set aside a Mareva injunction, ruling it lacked jurisdiction to grant interim relief in aid of foreign arbitration where the defendant was outside the jurisdiction and no valid basis for service existed.
Emjay Enterprises Pte Ltd v Skylift Consolidator (Pte) Ltd (Direct Services (HK) Ltd, Third Party) [2006] SGHC 28
A limitation of liability clause relates to liability rather than the quantum of damages, and therefore must be specifically pleaded in accordance with the Rules of Court.
Silberline Asia Pacific Inc v Lim Yong Wah Allan and Others [2006] SGHC 27
A stay of execution of a summary judgment pending the trial of a counterclaim is discretionary and requires a sufficient connection between the claim and the counterclaim, as well as a plausible counterclaim.
Sin Leng Industries Pte Ltd v Ong Chai Teck and Others [2006] SGHC 25
An application to amend pleadings in the middle of a trial will be refused if it introduces a new case that causes prejudice to the other party which cannot be compensated by costs, especially when the party seeking the amendment has been negligent in the conduct of its litigatio
Geowin Construction Pte Ltd (in liquidation) v Management Corporation Strata Title No 1256 [2006] SGHC 245
An expert's decision is binding on the parties as a matter of contract, and the court will not intervene to set it aside in the absence of fraud, collusion, or a material breach of the expert's terms of appointment.
Wee Yue Chew v Su Sh-Hsyu [2006] SGHC 244
In an application to set aside a judgment obtained in the absence of a party at trial, the most important consideration is the reason for the party's absence. Unless the absence was due to accident or mistake rather than being deliberate, the court is unlikely to allow a rehearin
Beckkett Pte Ltd v Deutsche Bank AG and Another [2006] SGHC 243
The court allowed the plaintiff to amend its pleadings during the trial because the delay was not substantial and did not cause prejudice to the defendant, and the amendments were sufficiently clear to be understood.
Terence Yeo Guan Chye and Another v Lau Siew Kim [2006] SGHC 227
The court held that amendments to pleadings on the last day of trial may be granted if any resulting prejudice to the opposing party can be compensated by costs.
Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric (practising under the name and style of W P Architects) [2006] SGHC 222
In cases of concurrent liability in contract and tort, the stricter contractual rules of remoteness apply. The court also affirmed the 'two-stage process' for determining duty of care in negligence for pure economic loss.
Lee Hsien Loong v Singapore Democratic Party and Others and Another Suit [2006] SGHC 220
Politicians have the right to sue for defamation in their personal capacity if defamatory statements about the government or political institutions are capable of being understood to refer to them.
Banque Cantonale Vaudoise v Fujitrans (Singapore) Pte Ltd [2006] SGHC 217
A party seeking discovery in a subsequent application must show that circumstances have substantially changed since the first application to warrant a different view, otherwise the application may be dismissed as a fishing expedition.
Trek Technology (Singapore) Pte Ltd v Ritronics Components (S'pore) Pte Ltd [2006] SGHC 215
Interrogatories are generally not appropriate after a trial has commenced, as the appropriate mechanism for eliciting information at that stage is cross-examination.
Westacre Investments Inc v Yugoimport-SDPR (also known as Jugoimport-SDPR) [2006] SGHC 210
In Westacre Investments Inc v Yugoimport-SDPR [2006] SGHC 210, the High Court set aside the registration of a foreign judgment, ruling that the RECJA does not permit conditional registration to mitigate prejudice caused by significant delays in application.
Tay Way Bock v Yeunh Oi Siong [2006] SGHC 21
A stay of proceedings on the grounds of forum non conveniens is granted where the court is satisfied that there is another available forum that is clearly more appropriate for the trial of the action, and the plaintiff fails to show special circumstances requiring the trial to re
Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another [2006] SGHC 20
The court held that a successful party may be deprived of full costs if they have been indiscriminate in their litigation conduct, such as by filing voluminous irrelevant documents or failing to be selective in the points taken, thereby unnecessarily increasing the costs of proce
Teo Song Kwang (alias Richard) v Gnau Lye Chan and Another [2006] SGHC 2
A beneficiary of an unadministered estate has only an equitable interest to compel proper administration, and any assignment of such interest must be in writing under s 7(2) of the Civil Law Act.
Karaha Bodas Co LLC v Perusahaan Pertambangan Minyak dan Gas Bumi Negara [2006] SGHC 195
Where proceedings are withdrawn or discontinued, the court will exercise its discretion on costs based on the reasons for withdrawal, the reasonableness of the parties' conduct, and whether the withdrawal is indicative of an acknowledgement of defeat.
Firstlink Energy Pte Ltd v Creanovate Pte Ltd [2006] SGHC 19
Service of a document via the EFS File-n-Serve feature is deemed effected at the time the first part of the transmission is received by the network service provider (the 'first byte rule'), regardless of when the registry accepts the document or when the recipient actually receiv
The "Vasiliy Golovnin" [2006] SGHC 188
A judge hearing an appeal from an assistant registrar has the discretion to admit fresh evidence, but will not do so if the evidence is unnecessary or redundant.
Rabiah Bee bte Mohamed Ibrahim v Salem Ibrahim [2006] SGHC 17
The court allowed an amendment to pleadings at a late stage of the trial because it was in the interests of justice to have all issues between the parties disposed of in one action, and the defendant was not unfairly prejudiced by the amendment.
Hin Hup Bus Service (a firm) v Tay Chwee Hiang and Another [2006] SGHC 169
A magistrate is functus officio after delivering a judgment and cannot issue a second judgment varying the first. Similar fact evidence is admissible in civil cases if it is logically probative and not oppressive.
Orient Centre Investments Ltd and Another v Societe Generale and Another [2006] SGHC 164
The court held that the plaintiffs were precluded by the parol evidence rule in s 94 of the Evidence Act from asserting oral representations that contradicted the express terms of the written agreements they had signed.