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Karaha Bodas Co LLC v Pertamina Energy Trading Ltd and Another [2005] SGHC 57
The Singapore court cannot grant a Mareva injunction to assist proceedings in a foreign jurisdiction where there is no pre-existing substantive cause of action in Singapore.
Pacific Assets Management Ltd and Others v Chen Lip Keong [2005] SGHC 228
Service of a writ in accordance with an ad hoc agreement between parties is valid service, even if the method of service is not otherwise prescribed by the rules of court.
Tan Yeow Hiang Kenneth and Others v Tan Chor Chuan and Others [2005] SGHC 212
The court held that it was functus officio after the order for costs had been extracted and could not vary the order to allow a reduction for failed defences. Furthermore, even if it had the power, no reduction was warranted as the defendants had not acted unreasonably in raising
Lim Chi Szu Margaret and Another v Risis Pte Ltd [2005] SGHC 206
The court held that the requirements under s 34(1)(c) and s 34(2) of the Supreme Court of Judicature Act are cumulative in nature for interlocutory proceedings, and that the Bozson test is the correct test for determining whether an order is final or interlocutory.
Syarikat Wen Ken Drug Sdn Bhd and Others v Lo Hock Ling & Co [2005] SGHC 205
An appellate court will not interfere with a trial judge's findings of fact unless the judge was plainly wrong, especially where the judge had the benefit of seeing and hearing the witnesses.
Tan Chwee Chye and Others v P V RM Kulandayan Chettiar [2005] SGHC 203
The High Court set aside a 2002 order, ruling that the plaintiffs failed to prove adverse possession against a co-owner. The court held that exclusive occupation is insufficient without clear evidence of 'ouster'—an unequivocal act of trespass denying the other co-owner's title.
Allied Marine Services Ltd v LMJ International Ltd [2005] SGHC 201
A Mareva injunction will not be granted if it substantially interferes with the business rights of innocent third parties, even if the plaintiff offers an indemnity.
Firstwaters Pte Ltd v Lindeteves-Jacoberg Ltd [2005] SGHC 200
The court will not strike out a claim under O 18 r 19 of the Rules of Court if the deficiency in the pleading can be cured by an amendment, especially where the real intention of the parties can be discerned from the instrument as a whole.
Govindasamy Supramaniam v Bailey Foreign Holdings Corp and Others [2005] SGHC 199
In complicated commercial disputes, the court will not grant a mandatory injunction to reverse an otherwise properly constituted act of a company's board of directors where the balance of convenience does not clearly favour the applicant.
Asta Rickmers Schiffahrtsgesellschaft mbH & Cie KG v Hub Marine Pte Ltd [2005] SGHC 184
The court held that pre-action discovery is appropriate where the applicant has material facts to support a belief that the defendant may be liable, and the application is not a fishing expedition.
Mopi Pte Ltd v Central Mercantile Corp (S) Ltd [2005] SGHC 183
The court will not disturb an assistant registrar's exercise of discretion in assessing damages unless there is a compelling reason, and will not allow the introduction of fresh evidence on appeal that could have been adduced at the assessment stage.
SBS Transit Ltd (formerly known as Singapore Bus Service Ltd) v Teo Chye Seng Douglas [2005] SGHC 15
The court held that an offer to settle (OTS) should not be disregarded even if it omits a counterclaim, provided it is clear and fair in respect of the claims it covers, and that parties should seek clarification of any ambiguity in an OTS well before trial.
Chong Hon Kuan Ivan and Another v Levy Maurice and Others and Other Actions [2005] SGHC 14
The court has the discretion to manage the sequence of hearings for overlapping actions and to direct that evidence from one trial be admitted in others to ensure fairness and efficiency.
Asian Corporate Services (SEA) Pte Ltd v Impact Pacific Consultants Pte Ltd and Others [2005] SGHC 138
A search order (Anton Piller order) is an extreme remedy that requires necessity, proportionality, and clear evidence of a real risk of destruction of evidence; it should not be used as a primary investigatory tool.
Lim Swee Khiang and Another v Borden Co (Pte) Ltd and Others [2005] SGHC 135
In Lim Swee Khiang v Borden Co, the High Court dismissed a winding-up petition, ruling that rejecting a reasonable share buy-out offer constitutes an abuse of process. The court affirmed that winding up is inappropriate for viable companies when fair settlement alternatives exist.
Changhe International Investments Pte Ltd and Another v Dexia BIL Asia Singapore Ltd and Others [2005] SGHC 12
The court held that commencing a second action that is identical to a first action which was dismissed for failure to comply with a peremptory order constitutes an abuse of process.
TR Networks Ltd and Others v Elixir Health Holdings Pte Ltd and Others [2005] SGHC 106
A default judgment is not irregular if the defendant entered an appearance gratis, even if service was not effected, and the court has discretion to set aside such judgment based on whether the defendant has a meritorious defence and whether the proceedings were deliberately igno
Beckkett Pte Ltd v Deutsche Bank AG and Another [2005] SGHC 105
In Beckkett Pte Ltd v Deutsche Bank AG and Another, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Injunctions.
Public Trustee and Another v By Products Traders Pte Ltd and Others [2005] SGHC 103
Solicitors have an overriding duty of candour to the court as officers of the court, which takes precedence over their duty to their clients. This duty requires full disclosure of material facts and prohibits misleading the court, whether actively or passively.
Lin Tsang Kit and Another v Chng Thiam Kwee [2005] SGHC 10
The court held that the defendant, as the controlling mind of the company, was the trustee of the shares held in the company's name and was liable to account for secret profits and sale proceeds.
PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd and Another (No 2) [2004] SGHC 99
In PT Bumi International Tankers v Man B&W Diesel S E Asia Pte Ltd and Another (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Costs.
Essar Steel Ltd v Bayerische Landesbank and Others [2004] SGHC 90
A judge in chambers should not allow appeals against costs orders by masters unless the order was unreasonable, erred in law, or failed to take into account proper matters.
Tong Guan Food Products Pte Ltd v Ong Leong Chuan (Ong Heng Chuan and another, interveners, Third Party) [2004] SGHC 80
The court held that persons who were not parties to an action cannot be bound by a consent judgment obtained between the plaintiff and the defendant, and that the appropriate procedure to challenge such a judgment is by way of an originating summons.
Soh Lup Chee and Others v Seow Boon Cheng and Another [2004] SGHC 8
The plaintiffs failed to prove that the valuation of the company shares was tainted by fraud, which was the only ground upon which the consent judgment valuation could be set aside.