LITT
Try LITT free
Lum Kai Keng v Quek Peng Chai and Others [2001] SGHC 298
An application under O 14 r 12 for determination of a preliminary point of law is inappropriate where there are material disputes of fact that require a full trial.
Hendrawan Setiadi v OCBC Securities Private Limited and Others [2001] SGHC 293
A party who withdraws from a trial and has their claim dismissed is precluded by res judicata from re-litigating the same claim in subsequent proceedings.
Hendrawan Setiadi v OCBC Securities Pte Ltd and Others [2001] SGHC 290
An order striking out a claim in an earlier action, where the plaintiff voluntarily abandoned the claim after an adjournment was refused, precludes the plaintiff from commencing a fresh action on the same matter under the doctrine of res judicata and issue estoppel.
L & M Concrete Specialists Pte Ltd v United Eng Contractors Pte Ltd [2001] SGHC 285
The court refused to vacate trial dates pending an appeal on a security for costs order, noting that the litigation process would be unsatisfactory if all interlocutory applications required the attention of the highest court before proceeding.
Datuk Hamzah Bin Mohd Noor v Tunku Ibrahim Ismail Ibni Sultan Iskandar Al-Haj [2001] SGHC 282
The court held that Malaysia was the most appropriate forum for the dispute, as both parties were Malaysian residents and the underlying transaction had the closest connection to Malaysia.
The Personal Representatives of the Estate of Tan Cheong Leong (Malaysian Inquiry Committee No 3672139) (Deceased) v Lim Chun Chuan alias Lim Choon Hua (The Executrix of the Estate of Tan Kim Hai alias Chan Chi Hai) (Deceased) and Others [2001] SGHC 278
The court refused an application to amend a statement of claim on the day of trial because it would necessitate vacating the trial date, causing significant cost and inconvenience, and the proposed amendments were not supported by the existing evidence.
Sri Jaya (Sdn) Bhd v RHB Bank Bhd [2001] SGHC 273
Pre-judgment interest in a consent judgment is simple interest unless otherwise specified. Post-judgment interest is calculated on the composite sum of principal and pre-judgment interest.
Goh Kim Heong and Others v AT & J Co Pte Ltd [2001] SGHC 269
In Goh Kim Heong v AT & J Co Pte Ltd, the High Court ruled in favor of the purchasers, upholding the principle of functional completion. The court denied the vendor leave to appeal, ruling the dispute was fact-specific and failed to meet the statutory threshold for appellate intervention.
SMIT Land & Marine Engineering (Far East) Pte Ltd v Nacap Drilling Sdn Bhd [2001] SGHC 268
The court found that the proposal of 3 November 1999 was not accepted by the defendants, and therefore the Smit UK Standard Conditions (which included a UK jurisdiction clause) did not apply.
The "Ching Ho" And Another [2001] SGHC 259
The court held that a mistake by a plaintiff's agent in interpreting a letter of undertaking does not constitute 'good reason' to extend the validity of a writ when the plaintiff had reasonable opportunities to serve the writ during its validity.
Global Energy (Asia) Pte Ltd v McGraw-Hill Companies Inc Trading as Platt's [2001] SGHC 247
A defendant in a libel action is not entitled to a 'fishing expedition' through the discovery process to substantiate a plea of justification.
Joshua Benjamin Jeyaretnam v Lee Kuan Yew [2001] SGHC 233
An action will not be struck out for want of prosecution for inordinate and inexcusable delay if the limitation period has not expired, unless there is intentional and contumelious conduct or an abuse of process.
Tan Chiang Brother's Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd
A single judge of the Court of Appeal lacks jurisdiction under s 36(1) SCJA to strike out an appeal. Furthermore, 'at the trial' in s 34(2)(a) SCJA refers to the trial, not the appeal.
International SOS Pte Ltd v Overton Mark Harold George [2001] SGHC 226
The High Court dismissed the appeal in International SOS Pte Ltd v Overton Mark Harold George, affirming that resisting an interlocutory injunction does not automatically constitute a 'step in the proceedings' that waives a defendant's right to challenge the court's jurisdiction.
Leong Mei Chuan v Chan Teck Hock David
The court held that a less stringent approach should be adopted in considering an application for leave to amend a notice of appeal, and that such an application should be granted unless it causes prejudice to the opposing party that cannot be compensated by costs.
Banque Nationale De Paris v Tan Nancy and Another
The court held that costs should not follow the event where the successful party unnecessarily protracted proceedings by raising meritless claims.
Tan Boon Hai (on behalf of himself and all other unsuccessful candidates in the Singapore Hainan Hwee Kuan 1999/2000 Management Committee Elections) v Lee Ah Fong and Others
A judge hearing an application for review of taxation of costs under O 59 r 36 of the Rules of Court hears the matter de novo and is not fettered by the registrar's discretion.
Ong Cher Keong v Goh Chin Soon Ricky [2001] SGHC 21
In Ong Cher Keong v Goh Chin Soon Ricky [2001] SGHC 21, the court upheld the validity of procedural directions, ruling that a party cannot challenge an order they actively proposed. The decision reinforces litigation estoppel, preventing parties from disavowing tactical choices post-judgment.
Andre Ravindran S Arul v Tunku Ibrahim Ismail bin Sultan Iskandar Al-Haj [2001] SGHC 209
The court held that the defendant failed to establish that Malaysia was a more appropriate forum for the trial, and that the Singapore court should not lightly surrender its jurisdiction.
Malayan Banking Bhd v Measurex Engineering Pte Ltd and Another [2001] SGHC 200
Summary judgment should not be granted for a sum that is seriously disputed, but where only a component of the claim is disputed, unconditional leave to defend should only be granted in respect of that disputed component.
Re Fineplas Holdings Pte Ltd (fka Tasinder Pte Ltd) [2001] SGHC 20
The burden of proof is on the plaintiff to show that the defendant is unable to pay damages if the plaintiff seeks to maintain an interlocutory injunction on the basis that damages would not be an adequate remedy.
The "Antares V" [2001] SGHC 198
The court held that the renewal of an admiralty writ may be granted where there is a good reason, and that ongoing negotiations between parties can constitute such a reason, with the overriding consideration being the balance of justice between the parties.
Yuninshing v Edward Mondong [2001] SGHC 196
The court affirmed that the Spiliada test for forum non conveniens requires determining the most appropriate forum in the interests of all parties and the ends of justice, noting that the defendant's fugitive status and the advanced stage of proceedings in Singapore weighed again
Singapore Telecommunications Limited v The Official Assignee [2001] SGHC 186
The court held that it is not the function of the court to render opinions on whether a proposed action is lawful or correct when enforcement proceedings are already available to a party.