LITT
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Nimisha Pandey and another v Divya Bothra [2023] SGHC 332
The court held that amendments to pleadings post-judgment should be granted sparingly, and that a running account defence requires a coincidence of parties between the original claim and the alleged running account.
Shanmugam Kasiviswanathan v Lee Hsien Yang and another matter [2023] SGHC 331
Under the Rules of Court 2021, a claimant may apply for judgment in default of a Notice of Intention for all types of claims, including those seeking injunctive relief, without needing to fit the claim into the specific categories previously required under the Rules of Court 2014
Gazelle Ventures Pte Ltd v Lim Yong Sim and others [2023] SGHC 328
The court held that there is no such thing as a 'freestanding' injunction unrelated to a cause of action or enforcement of a legal right, and that interlocutory injunctions must be incidental to substantive rights.
Lim Siew Fern v Tan Beng Yong and others (Tan Meng Hin, third party) [2023] SGHC 327
The court will not interfere with an expert's valuation or forensic investigation unless there is fraud, manifest error, or an excess of jurisdiction, as the court respects the expert's professional judgment.
Ho Dat Khoon v Chan Wai Leen (in her personal capacity and as administratrix of the estate of Wong Ching Fong, deceased) and another [2023] SGHC 326
The court held that a voluntary transfer of property can be set aside for mistake if the transferor was under a causative mistake as to the legal effect of the transaction, and the mistake was of such gravity that it would be unconscionable to refuse relief.
Intertek Testing Services (Singapore) Pte Ltd v Haidir bin Mohamad Khir [2023] SGHC 320
In Intertek Testing Services (Singapore) Pte Ltd v Haidir bin Mohamad Khir, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Discovery, Contract — Breach.
CoShield Global Pty Ltd and others v Krittapaj Sorralump [2023] SGHC 319
Committal proceedings for civil contempt are not appropriate for the enforcement of monetary judgments against an impecunious judgment debtor who is simply unable to pay.
Peloso, Matthew v Vikash Kumar and another [2023] SGHC 308
A claim should be struck out if the claimant's own expert evidence renders the pleaded case factually impossible, such that there is no longer a triable issue of fact.
Affert Resources Pte Ltd (in compulsory winding up) v Industries Chimiques du Senegal and another [2023] SGHC 305
The court held that the test for granting an extension of time in interlocutory applications should balance the parties' interests and the court's interest in the due administration of justice, rather than focusing solely on whether prejudice can be compensated by costs.
Natixis, Singapore Branch v Lim Oon Kuin and others [2023] SGHC 301
A party has a duty to take reasonable steps to search for relevant documents in their possession, custody or power, and this duty extends to making reasonable efforts to request documents from third parties. The test for 'power' over documents is the practical ability to access o
Ari Investments Ltd and another v Accelera Precious Timber and Strategic Agriculture Ltd and others [2023] SGHC 295
The court held that the plaintiffs were barred by res judicata from raising issues that could and should have been raised in previous proceedings, and that the failure to do so due to shortcomings in interlocutory conduct did not constitute special circumstances.
Arokiasamy Steven Joseph (administrator of the estate of Salvin Foster Steven, deceased) and another v Lee Boon Chuan Nelson and others and other matters [2023] SGHC 291
The court held that costs for litigants-in-person should be fixed by the trial judge based on the facts and merits of the case, rather than by applying strict formulae or caps.
Tan Meow Hiang (trading as Chip Huat) v Ong Kay Yong (trading as Wee Wee Laundry Service) [2023] SGHC 286
The General Division of the High Court does not have a general power to make instalment orders for monetary judgments, except when exercising appellate jurisdiction over State Court decisions.
Wang Piao v Lee Wee Ching [2023] SGHC 277
A claimant establishes a prima facie case for summary judgment by producing a signed loan agreement, and the defendant must then show a real or bona fide defence, which mere assertions or inconsistent evidence fail to do.
SW Trustees Pte Ltd (in compulsory liquidation) and another v Teodros Ashenafi Tesemma and others (Teodros Ashenafi Tesemma, third party) [2023] SGHC 273
The court held that the requirements in Ladd v Marshall apply to the admission of fresh evidence in interlocutory appeals, though they may be applied with less rigour than in appeals following a full trial. Furthermore, the court clarified that for s 29(1)(a) of the Limitation Ac
Hyflux Ltd (in compulsory liquidation) and others v KPMG LLP [2023] SGHC 270
Requests for further and better particulars that are in substance requests for evidence are improper and should be refused.
Jiangsu New Huaming International Trading Co Ltd v PT Musim Mas and another [2023] SGHC 27
A plaintiff may be granted leave to amend pleadings to reinsert a claim previously struck out for non-compliance with an 'unless order', provided the claim is not time-barred and the amendment does not cause uncompensable prejudice.
Tsudakoma Corp v Global Trade Well Pte Ltd [2023] SGHC 26
The court held that a good arguable case existed that an exclusive jurisdiction clause in a 2017 MOU, incorporated into a 2018 MOU, applied to the dispute, and that the respondent failed to show strong cause to refuse a stay of proceedings.
Tan Hui Min Sabrina Alberta v Chiang Hai Ding and another [2023] SGHC 259
The High Court dismissed a claim for a constructive trust over 11 Martaban, ruling that the plaintiff lacked beneficial interest. The court applied the presumption of resulting trust, finding that financial contributions were made by the defendants, and rejected the defendant's gift narrative.
CSO v CSP and another [2023] SGHC 24
The Singapore High Court in CSO v CSP [2023] SGHC 24 affirmed the 'Broad Approach' to 'without prejudice' privilege, confirming its application to settlement negotiations. The court allowed limited disclosure of privileged emails under the 'Delay/Acquiescence Exception' to rebut specific assertions.
Blomberg, Johan Daniel v Khan Zhi Yan [2023] SGHC 238
A substantive contractual consent order cannot be set aside ab initio unless there are recognised vitiating factors in contract law; the court has no residual discretion to set aside such orders to prevent injustice.
Santoso Winoto v Suseno Winoto and another [2023] SGHC 228
The court has the inherent power to stay the implementation and distribution of an order for sale, but such discretion must be exercised on principled grounds, considering factors such as the existence of separate proceedings, prospects of success, and prejudice to the parties.
Asian Eco Technology Pte Ltd v Deng Yiming [2023] SGHC 227 [2023] SGHC 260
The court granted summary judgment in favour of the claimant, finding that the defendant failed to raise a triable issue regarding the ownership and possession of diamond seeds and loose diamonds, and that the defendant's bare assertions of a loan were unsupported by evidence.
Riviera Co, Ltd v Toshio Masui [2023] SGHC 223
The court will not allow an amendment to a defence at a late stage of proceedings if the proposed amendment is unsustainable, lacks bona fides, or is a piecemeal attempt to prolong litigation.