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Singapore Telecommunications Ltd v Official Assignee [2001] SGHC 184
The Official Assignee, when acting as a litigant in an action at law, is liable for costs in the same manner as any other litigant.
Thomson Plaza Pte Ltd v The Liquidators of Yaohan Department Store Pte Ltd
A judge has inherent jurisdiction to recall a decision and hear further arguments until the order is perfected. Once a court agrees to hear further arguments, the original decision is suspended, and time to appeal only begins to run from the date the judge affirms the original de
Frontfield Investment Holding (Pte) Ltd v Management Corporation Strata Title No 938 and Others [2001] SGHC 161
In Frontfield Investment Holding v MCST 938, the Singapore High Court ruled that an easement was extinguished due to abandonment. The court held that significant land development and alternative access demonstrated a clear intention to relinquish rights, setting a high threshold for proof.
The 'Bonito' v The 'Ah Lam II' and Another
An 'unless order' does not automatically apply to subsequent extensions of time unless explicitly stated, and courts should avoid depriving litigants of a trial on the merits due to procedural defaults that cause no uncompensable prejudice.
The "Bonito"
An 'unless order' does not automatically carry over to subsequent orders extending time unless expressly stated, and the court should not deny an extension of time for procedural default if the other party suffers no uncompensable prejudice.
Yap Chwee Khim v American Home Assurance Co and Others
A trial judge has wide powers under s 167 of the Evidence Act to question witnesses, but this power must be exercised with caution and detachment, without usurping the role of counsel or descending into the arena.
Credit Agricole Indosuez v Banque Nationale de Paris
A successful appellant is entitled to restitution of money paid under a reversed judgment, including interest, to prevent unjust enrichment of the respondent.
Phang Fook Seng v Attorney-General of Singapore [2000] SGHC 98
The High Court held that striking out applications are unsuitable for resolving complex legal and factual disputes. This specifically applies to challenges regarding the validity of certificates issued under section 14 of the Government Proceedings Act.
CEF (Capital Markets) Ltd & anor v Goh Chin Soon & ors [2000] SGHC 92
An application to amend pleadings to introduce a new defence at a late stage of trial will be rejected if it causes prejudice to the other party that cannot be compensated by costs, particularly where the defence could have been raised much earlier.
The "Patraikos 2" [2000] SGHC 86
Discovery of documents is ordered if they relate to matters in question, meaning they would be evidence, advance a party's case, or lead to a train of inquiry.
Pacific Internet Ltd v Catcha.com Pte Ltd [2000] SGHC 83
The court held that a statement of claim should not be struck out under O 18 r 19 where it raises a difficult or important point of law, especially in the context of evolving technology like the internet, as such matters require a full trial for proper adjudication.
Ching Mun Fong (executrix of the estate of Tan Geok Tee, deceased) v Liu Cho Chit and Another Appeal
The court held that the failure to join a party in earlier proceedings does not necessarily constitute an abuse of process under the doctrine of res judicata in the wider sense, unless there is an additional element of harassment or collateral attack.
United Eng Contractors Pte Ltd v L & M Concrete Specialists Pte Ltd [2000] SGHC 74
The court held that mutual debts can be set off against each other and that pleadings must contain material facts to disclose a cause of action.
Bank of China v Huang Ran-Chi alias Huang Ran-Chi Kibo [2000] SGHC 62
The court held that an appeal cannot be pursued by a person who is not a party to the proceedings and who is not an advocate and solicitor, and that a party cannot be joined to proceedings where the debt is admitted.
New Civilbuild Pte Ltd v Guobena Sendirian Berhad and Another [2000] SGHC 47
The court clarifies the application of O 59 r 19 of the Rules of Court 1997 regarding the award of costs for multiple counsel, emphasizing that such awards are exceptional and require complexity in facts or law.
Bayerische Landesbank Girozentrale v Sng Chee Hua [2000] SGHC 46
The court held that the bank's evidence in support of its summary judgment application was sufficient and that the defendant failed to establish illegality under the Banking Act or the Exchange Control Act of Malaysia.
Djuric and Others v Toshali Marketing Pte Ltd [2000] SGHC 44
An appeal against an order for security for costs is not automatically stayed by the order itself, and the appellate court has the inherent jurisdiction to regulate its own procedure regarding the hearing of such an appeal.
Mak Seng Fook v Lin Kao Chi and Another [2000] SGHC 42
The court upheld the summary judgment granted to the plaintiff for monies owed under an oral agreement, rejecting the defendants' contention that the first defendant acted only as an agent for a third party.
Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd [2000] SGHC 36
The court has a wide discretion to extend time for service of a notice of appeal under O 3 r 4 of the Rules of Court, and a solicitor's mistake is a factor that may be taken into account in exercising this discretion.
Cathay Theatres Pte Ltd v LKM Investment Holdings Pte Ltd [2000] SGHC 3
The court held that special circumstances justifying a stay of execution pending appeal are not limited to cases where the judgment creditor might be unable to return the money; difficulties in enforcing specific performance against an impecunious purchaser and the risk of render
Chia Ah Sng v Hong Leong Finance Limited [2000] SGHC 273
The court held that the issue of interest was res judicata and that the original contractual claim had merged into the judgment, preventing the reopening of the matter.
Yap Boon Sim (intended administration of the estate of Goh Jik Lian, deceased) v Dr Lee Meng Kuan and Another [2000] SGHC 255
Section 20(4) of the Civil Law Act should be read disjunctively, meaning a dependant can commence proceedings if there is no executor/administrator, regardless of whether six months have elapsed since the death.
The Bank of East Asia Ltd v Tan Chin Mong Holdings (S) Pte Ltd and Others [2000] SGHC 250
In The Bank of East Asia Ltd v Tan Chin Mong Holdings, the High Court ruled that a settlement with one joint guarantor does not discharge others if rights are reserved. The court awarded the plaintiffs the balance of the debt, emphasizing that settlement deeds must reflect the parties' intent.
Indian Bank v Vishnu Dairy Farm Pte Ltd and Others [2000] SGHC 25
The court held that allegations of fraud in relation to letters of credit must be clearly established and that the defendants failed to show a defence with a real prospect of success to set aside a default judgment.