LITT
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Beng Tiong Trading, Import and Export (1988) Pte Ltd v Maria Janda Achmad Bin Abdullah Wachdin Basharahil alias Maria and Others [2003] SGHC 232
The court has an unfettered discretionary power to set aside a default judgment, balancing the strength of the putative defence against the excusability of the defendant's conduct.
Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd [2003] SGHC 231
The court held that reinstatement of an action under O 21 r 2(8) of the Rules of Court should be the exception rather than the rule, and that the plaintiff must show that they are innocent of significant failure to conduct the case with expedition, that the failure is excusable,
Vatten International Pte Ltd (formerly known as Vatten Familj International Pte Ltd v Chan Hong Seng Engineering & Construction Pte Ltd Vatten Familj International Pte Ltd [2003] SGHC 228
In Vatten International Pte Ltd (formerly known as Vatten Familj International Pte Ltd v Chan Hong Seng Engineering & Construction Pte Ltd Vatten Familj International Pte Ltd, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Stay of appeal.
Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others [2003] SGHC 222
A stay of execution pending appeal will be granted where there are special circumstances, such as a real risk that a successful appeal would be rendered nugatory if the judgment creditor is unable to return the monies paid.
Chinese Chamber Realty Pte Ltd and Others v Samsung Corp (No 2) [2003] SGHC 215
In Chinese Chamber Realty Pte Ltd and Others v Samsung Corp (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Judgments and orders.
Purwadi v Ung Hooi Leng [2003] SGHC 211
A defendant who becomes aware of an irregularity in service and takes a further step in the action that assumes the service was valid is deemed to have waived that irregularity.
Afro Asia Shipping Co (Pte) Ltd v Haridass Ho & Partners and Another [2003] SGHC 21
The court held that the plaintiffs' claim was an abuse of process as it sought to re-litigate issues already covered by existing court orders and the proper recourse was to seek directions from the appellate court under the liberty to apply provision.
Elan Impex (Singapore) Pte Ltd and Another v Daewoo Corporation and Others [2003] SGHC 20
The court held that service out of jurisdiction must be properly effected and that the court will not grant injunctions where there has been a failure to make full and frank disclosure.
Samwoh Asphalt Premix Pte Ltd v Sum Cheong Piling Pte Ltd and Another [2003] SGHC 2
Costs awarded to a neutral party (such as a bondsman) should be reduced if the work done was not sufficient to justify the original award.
Swiss Singapore Overseas Enterprises Pte Ltd v Navalmar U.K. Ltd [2003] SGHC 196
The court dismissed an appeal against a refusal to stay proceedings on the grounds of forum non conveniens, finding that the Singapore proceedings were the appropriate forum for the cause of action.
Sia Leng Yuen also known as Xie Ning Yun v Ko Chun Shun Johnson (No 2) [2003] SGHC 194
The High Court allowed Sia Leng Yuen's appeal, setting aside an escrow condition on costs. The court ruled that 'exceptional circumstances' are required to delay payment, rejecting speculative arguments regarding financial status and reinforcing the 'payment forthwith' principle.
Chinese Chamber Realty Pte Ltd and Others v Samsung Corp [2003] SGHC 189
The court dismissed the defendants' appeal against the Assistant Registrar's decision to hear summary judgment and stay applications together, but varied the order to require a defence filing while ensuring it does not constitute a 'step in the proceedings', protecting the defendant's rights.
Trek Technology (Singapore) Pte Ltd v FE Global Electronics Pte Ltd and Others and Another Suit [2003] SGHC 185
The court held that an order for discovery of a specific class of documents should depend on the circumstances of each case, and in this instance, reserved the right to make the discovery application before the trial judge.
M-Power Development Pte Ltd v Goodway Agencies (Shipping) Pte Ltd [2003] SGHC 180
The court held that a default judgment should be set aside where there is a real prospect of success in the defence, particularly when the issue of whether the correct party was sued requires consideration at trial.
Lassiter Ann Masters v To Keng Lam (alias Toh Jeanette) [2003] SGHC 176
The Singapore High Court dismissed the plaintiff's application to admit fresh expert evidence in Lassiter Ann Masters v To Keng Lam [2003] SGHC 176, ruling that parties cannot use appeals to plug evidentiary gaps or rectify poorly conducted cases after the initial trial.
Lee Theng Wee v Tay Chor Teng [2003] SGHC 173
A defendant seeking to set aside a default judgment must act at the earliest opportunity, and the court will consider the defendant's conduct in addition to the prospect of success.
Chun Thong Ping v Soh Kok Hong and Another [2003] SGHC 172
A plaintiff cannot add a new cause of action between the hearing at first instance and the appeal therefrom and proceed on that new cause of action at the appeal.
Kamla Lal Hiranand (m.w.) v Lal Hiranand [2003] SGHC 171
A summons-in-chambers is an inappropriate procedure for seeking relief when the originating summons has already been fully heard and disposed of, especially where material facts are in dispute.
Victor Adam Ibrahim v Tan Kim Seng trading as Hock Huat Engineering [2003] SGHC 155
The court held that O 21 r 2(6) of the Rules of Court, which provides for automatic discontinuance of an action if no step is taken for one year, does not apply to proceedings after an interlocutory judgment has been obtained.
Hengwell Development Pte Ltd v Thing Chiang Ching [2003] SGHC 154
An originating summons is an originating process that is exhausted once fully heard and finally disposed of; therefore, fresh applications of a substantial nature must be made by way of a new originating summons rather than a summons-in-chambers.
Lim Eng Beng @ Lim Jia Le v Siow Soon Kim and Others (No 2) [2003] SGHC 151
A stay of execution pending appeal will not be granted unless the applicant can show special circumstances, such as the risk of ruin and a reasonable prospect of success on appeal.
Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) v Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine) [2003] SGHC 15
An employee owes a fiduciary duty to their employer to act faithfully, and soliciting customers for a competing business while still employed constitutes a breach of that duty for which the employee is liable in damages.
Lim Eng Beng alias Lim Jia Le v Siow Soon Kim and Others [2003] SGHC 146
A defendant's election not to adduce evidence in their defence leaves the court with only the plaintiff's version of the story, which, if prima facie evidence supports the essential limbs of the claim, is fatal to the defendant.
Ong Jane Rebecca v Lim Lie Hoa (also known as Lim Le Hoa and Lily Arief Husni) and Others [2003] SGHC 143
The court held that costs of an inquiry should follow the event unless there are special reasons to deprive the successful party of costs, and that unnecessary or unreasonable protraction of proceedings by a successful party may justify a reduction in costs under Order 59 rule 6A