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Chwee Kin Keong and Others v Digilandmall.com Pte Ltd [2004] SGHC 71
In Chwee Kin Keong v Digilandmall.com, the High Court dismissed claims for breach of contract, ruling that agreements were void ab initio because the plaintiffs knowingly exploited the defendant's pricing error. The case establishes that the objective theory of contract does not protect opportunisti
Subramaniam s/o Gurusamy and Others v Sagadevan s/o Gurusamy and Others [2004] SGHC 70
The court varied an assistant registrar's order regarding an accounting dispute between siblings, clarifying the liability of the first defendant and providing consequential orders for the sale of a property.
Sutanto Henny v Suriani Tani also known as Li Yu and Another [2004] SGHC 7
A claim should not be struck out under O 18 r 19 of the Rules of Court if it discloses some cause of action or raises a question fit to be decided at trial, even if the case is weak.
Burswood Nominees Ltd (formerly Burswood Nominees Pty Ltd) v Liao Eng Kiat [2004] SGHC 64
A foreign judgment obtained by a casino for a genuine loan made to a patron for gambling is enforceable in Singapore, as it does not violate public policy.
Kaki Bukit Industrial Park Pte Ltd v Ng Man Heng and Others [2004] SGHC 60
A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant proves that there is another available forum that is clearly more appropriate for the trial of the action.
China Construction (South Pacific) Development Co Pte Ltd v Shao Hai [2004] SGHC 59
The Court of Appeal overturned a negligence finding against China Construction (South Pacific) Development Co, ruling that employers are not liable for injuries resulting from an employee's spontaneous, unforeseeable misconduct. The judgment clarifies the limits of an employer's duty of care.
Ang Leng Hock v Leo Ee Ah [2004] SGHC 55
The principles in Ladd v Marshall apply to Registrar's Appeals in the High Court, meaning fresh evidence is not automatically admissible.
Mopi Pte Ltd v Central Mercantile Corp (S) Ltd [2004] SGHC 41
The court will not release or modify the implied undertaking given on discovery save in special circumstances and where the release or modification will not occasion injustice to the person giving discovery.
Tao Commodity Trader Inc v Fortis Bank (Nederland) N.V. [2004] SGHC 30
Service of a writ on a foreign company that has ceased to be registered under the Companies Act is not valid service under section 376(b) of the Act.
Hub Warrior Sdn Bhd v QBE Insurance (Malaysia) Bhd [2004] SGHC 279
In Hub Warrior Sdn Bhd v QBE Insurance (Malaysia) Bhd [2004] SGHC 279, the High Court dismissed the plaintiff's claim, ruling that the vessel damage was not covered by the policy and rejecting the application for rectification due to insufficient evidence of a common antecedent agreement.
Altvater Jakob Pte Ltd v Toh Eng Peng and Others [2004] SGHC 269
The High Court set aside a judgment against defendants for failing to comply with an unless order, ruling that the failure was due to an honest misinterpretation rather than contumacious conduct. The court held that striking out a defense is a disproportionate sanction for non-deliberate breaches.
Citibank NA v Lim Soo Peng and Another [2004] SGHC 266
The court held that the defendant failed to establish economic duress or undue influence to resist summary judgment, as the defendant had independent legal advice and failed to protest until sued.
Lian Teck Construction Pte Ltd v Woh Hup (Pte) Ltd and Others [2004] SGHC 260
The court affirmed the order for pre-action discovery on the basis that the documents were to be used for court proceedings, avoiding the need to decide whether the court has jurisdiction to order pre-arbitration discovery.
Tan Chor Chuan and Others v Tan Yeow Hiang Kenneth and Others [2004] SGHC 259
The court held that a deposition on oath regarding discovery is conclusive unless there is clear and uncontested evidence of suppression, and that the court's inherent power to address pre-action destruction of evidence should be governed by general touchstones of 'need', 'justic
Lim Kaling v Hangchi Valerie [2004] SGHC 257
An interim preservation order under O 29 r 2(1) of the Rules of Court applies only to physical items in specie, not choses in action. An order under O 29 r 2(3) requires the fund to be clearly identifiable and not intermingled.
Australian Timber Products Pte Ltd v Koh Brothers Building & Civil Engineering Contractor (Pte) Ltd [2004] SGHC 243
The High Court dismissed the defendant's application to set aside a default judgment, ruling that the defendant failed to show a defence on the merits. The court prioritized signed final accounts and surveyor certifications over the defendant's unsubstantiated claims of defective work.
Khng Thian Huat and Another v Riduan bin Yusof and Another [2004] SGHC 237
The court held that contractual clauses requiring the restoration of premises to their original condition at the commencement of a tenancy refer to the commencement of the current tenancy, not the original one. Furthermore, costs are discretionary and should be determined by the
Herbst Ehud v Sampoerna Putera and Another [2004] SGHC 236
A stay of proceedings on the ground of forum non conveniens will only be granted if the defendant discharges the burden of showing that there is another available forum which is clearly or distinctly more appropriate than the Singapore forum.
Mohamed Ismail bin Ibrahim and Another v Mohammad Taha bin Ibrahim (No 2) [2004] SGHC 228
An executor who is also an interested party in litigation concerning the estate may be denied indemnity for costs from the estate if the court finds the conduct of the litigation was not honestly brought forward or was for personal benefit.
Bakery Mart Pte Ltd v Ng Wei Teck Michael and Others [2004] SGHC 226
The court will not set aside a consent judgment except on grounds of fraud or where there has been a slip in drawing up the order or an error in expressing the manifest intention of the court.
Banque Cantonale Vaudoise v RBG Resources plc and Another [2004] SGHC 222
A discovery application made after summary judgment has been granted is premature and should not be made to an assistant registrar if its purpose is to set aside the summary judgment; such an application should be made as a preliminary step in the appeal against summary judgment.
Lee Tat Development Pte Ltd v Management Corporation of Grange Heights Strata Title No 301 (No 2) [2004] SGHC 220
The court held that the plaintiff was estopped by issue estoppel from raising the issue of whether the right of way extended to the amalgamated lot 687, as this issue had been decided in previous litigation.
Full Fledge Holdings Ltd v Wisanggeni Lauw (No 2) [2004] SGHC 209
In Full Fledge Holdings Ltd v Wisanggeni Lauw (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Judgments and orders.
Re CEP Instruments Pte Ltd (in liquidation) [2004] SGHC 206
The court held that a party seeking to set aside a default judgment obtained after failure to comply with an 'unless order' must show that the failure was not intentional or contumelious and that there was no prejudice to the other party.