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Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No 2) [2002] SGHC 263
A stay of execution pending appeal will not be granted where the applicant fails to show sufficient merit in the appeal and where the balance of convenience does not favour a stay, particularly when the judgment is measurable in monetary terms.
Attorney-General, Singapore v Tan Wee Beng [2002] SGHC 261
Automatic discontinuance under Order 21 Rule 2(6) applies to interlocutory judgments with damages to be assessed, but the computation of the one-year period excludes the date of the judgment.
Management Corporation Strata Title Plan No 2192 v Regenthill Properties Pte Ltd [2002] SGHC 26
Section 37(4) of the Land Titles (Strata) Act requires developers to hand over accounting records relating to the building to the management corporation upon its formation.
The Rainbow Spring [2002] SGHC 255
The High Court reversed the Assistant Registrar's decision, ruling that the plaintiff failed to prove mala fides or crassa negligentia. The court set aside the in rem writ and warrant of arrest, ordering the return of security and awarding the defendant $10,000 in costs.
Ong Jane Rebecca v Lim Lie Hoa [2002] SGHC 254
A person served with a subpoena should not take out a separate application to challenge it unless in the clearest cases, and the ultimate value of the witness is not the gauge to determine whether they ought to be subpoenaed.
Thyssen Hunnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd [2002] SGHC 247
A document is discoverable if it is relevant to the issues in the case, and the 'train of inquiry' test is applicable for specific discovery under O 24 r 5 of the Rules of Court.
Mero Asia Pacific Pte Ltd v Takenaka Corp [2002] SGHC 228
The court held that where a court orders 'costs thrown away', the taxing master is entitled to consider time spent on getting up, even if getting-up costs were not specifically ordered.
Ong Jane Rebecca v Lim Lie Hoa and Others (No 2) (Lim Lie Hoa, Third Party) [2002] SGHC 227
The court held that interim payments cannot be granted before an inquiry determines the assets of an estate, as there is no basis to speculate on the estate's value. Additionally, third-party notices cannot be used to expand the scope of an inquiry into independent actions.
Mumthaj Beevi w/o Mohd Arif t/a Bhadhar Point v M/s Niru & Co (Mohamed Arif S/O Sahul Hameed, Third Party) [2002] SGHC 224
A party cannot avoid issue estoppel or res judicata by alleging that an order was procured by fraud if they were aware of the fraud but did not raise it in the earlier action, or if they did, did not appeal against it.
Tan Kok Ing v Ang Boon Aik and Others [2002] SGHC 215
The court held that a party's deliberate failure to disclose relevant and material documents in breach of an unless order justifies striking out the claim or assessing damages at $0.
Epolar System Enterprise Pte Ltd and Others v Lee Hock Chuan and Others [2002] SGHC 214
The court held that findings of fact from a previous trial are not evidence in a separate and independent trial, and that an owner of premises does not owe a duty of care to third parties to make periodic checks on the electrical system.
Bayerische Landesbank Girozentrale v Dato Azlan bin Hashim [2002] SGHC 207
The court has jurisdiction under O 20 r 11 of the Rules of Court to amend a judgment entered for an amount in excess of what is due, where the error arose from an accidental slip or omission, provided the amendment does not prejudice the other party.
Yeoh Poh San and Another v Won Siok Wan [2002] SGHC 196
The court affirmed that Singapore was the natural forum for the dispute as the alleged misappropriation and enrichment occurred in Singapore, and the governing law was Singapore law.
Bajumi Wahab and Others v Afro-Asia Shipping Co (Pte) Ltd and other applications and Others [2002] SGHC 182
A solicitor may amend a bill of costs rendered for taxation provided it is not done purely to pressure the client, and the court may adjust costs to neutralise such tactics.
Virgin Mobile (Singapore) Pte Ltd v Virgin Store (Singapore) Pte Ltd (formerly known as Optimatum Pte Ltd) [2002] SGHC 181
An interim mareva injunction will not be granted where there is no sufficient evidence of dissipation of assets and the balance of convenience lies in not granting the injunction.
Ram Thayalan Raman Siv and Another v Liew Yap Tong trading as Tong Heng Motor Work [2002] SGHC 177
A defendant in an existing action is not compelled to bring a claim against the plaintiff by way of a counterclaim and may instead bring a separate action, provided it is not an abuse of process.
Oversea-Chinese Banking Corp Ltd v Measurex Corp Bhd [2002] SGHC 173
The court held that procedural irregularities, such as ambiguities in a default judgment or errors in a writ, can be rectified under the Rules of Court if no injustice is caused. Furthermore, service on a contractually appointed process agent remains valid even if the agent is un
Ng Giok Oh & 3 Others v Sajjad Akhtar & 2 Others [2002] SGHC 169
Court assessors are technical experts for the judge to consult and take no part in the judgment; their advice is not evidence subject to cross-examination, and their working drafts are not subject to pre-action discovery.
Tan Kok Ing v Tan Swee Meng & 3 Others [2002] SGHC 166
The Magistrate's Court has no inherent jurisdiction to transfer an action to the District Court outside of the requirements of s 53 of the Subordinate Courts Act, which requires an important question of law or fact to arise. Quantum alone does not constitute an important question
Lau Liat Meng & Co v Lum Kai Keng [2002] SGHC 159
A solicitor cannot render an interim bill and reserve the right to present a further bill covering the same period if the client has accepted and paid the interim bill.
Tjo Kwe In v Chia Song Kwan [2002] SGHC 156
The High Court has no jurisdiction to extend time to serve a notice of appeal where the application is made after the expiration of the prescribed period, and such an extension can only be granted by the Court of Appeal.
KLW Holdings Ltd v Singapore Press Holdings Ltd [2002] SGHC 150
The court held that there is no 'newspaper rule' in Singapore that grants an absolute privilege to journalists to refuse disclosure of sources in pre-trial discovery, but disclosure will only be ordered if it is relevant and necessary in the interests of justice.
Chiltern Park Development Pte Ltd v Ong Pang Wee and Others [2002] SGHC 135
The High Court does not have jurisdiction to order the transfer of proceedings from a Magistrate's Court to the High Court, as the statutory scheme under the Subordinate Courts Act only provides for transfers from the District Court.
Ong Leong Chuan v Ong Heng Chuan and Others [2002] SGHC 126
The court held that a cheque payment that is dishonoured does not constitute valid payment under a compromise agreement, and that late cash payment does not satisfy the time requirements of the agreement.