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Irawan Darsono and Another v Ong Soon Kiat [2002] SGHC 133
Contracts that are illegal as formed or intended to be performed in a legally prohibited manner are unenforceable.
Adani Wilmar Ltd v Cooperatieve Centrale Raiffeisen-Boerenleenbank BA ("Rabobank Nederland") [2002] SGHC 128
The Singapore High Court ruled in favor of Adani Wilmar Ltd, rejecting Rabobank's defenses of frustration and mistake. The court held that the bank breached the implied term of the right to sell goods, ordering damages to be assessed after finding the bank failed to mitigate contractual impediments.
Lemon Grass Pte Ltd v Peranakan Place Complex Pte Ltd [2002] SGHC 113
The court held that the tenancy agreement did not grant the plaintiffs an unfettered right of access through adjoining premises, and the plaintiffs failed to prove the existence of an enforceable collateral contract or proprietary estoppel.
Teo Lai Huat v Ong Teow Chuie and Another [2001] SGHC 38
The court held that the defendant company was bound by the agreement made by its de facto controller to pay a success fee to the plaintiff for his services in facilitating a settlement.
National Skin Centre (Singapore) Pte Ltd v Eutech Cybernetics Pte Ltd [2001] SGHC 369
A party who has waived the original time for performance in a contract where time is of the essence may make time of the essence again by giving reasonable notice to the other party.
Ong & Co Pte Ltd v Lai Siew Ping Vivien [2001] SGHC 358
A dealer in a stockbroking firm is bound by an indemnity clause in their employment contract to indemnify the firm for losses arising from their own clients' trading activities, provided the clause is clear and unambiguous.
Shenyin Wangou-APS Management Pte ltd (formerly known as Shanghai International-APS Management Private Limited) and Another v Commerzbank (South-East Asia) Ltd [2001] SGHC 260
In Shenyin Wangou-APS v Commerzbank [2001] SGHC 260, the court ruled that the contract was frustrated due to the eradication of the off-shore MYR market by Malaysian government controls, upholding the SFEMC-recommended exchange rate and dismissing the plaintiffs' claim.
Tan Hock Keng v L & M Group Investments Ltd [2001] SGHC 253
In Tan Hock Keng v L & M Group Investments Ltd [2001] SGHC 253, the court ruled in favor of the defendant, holding the plaintiff liable for intercompany loan repayments. The judgment confirms that 'procure' creates a binding obligation to ensure performance, regardless of the word 'guarantee'.
Star City Pty Ltd (fka Sydney Harbour Casino Pty Ltd) v Tan Hong Woon
Section 5(2) of the Civil Law Act is a procedural provision that renders actions to recover money won upon a wager unenforceable in Singapore, regardless of whether the wager was concluded abroad or is valid under its proper law.
Management Corporation Strata Title No 473 v De Beers Jewellery Pte Ltd [2001] SGHC 206
The High Court ruled against the Management Corporation (MC) in its dispute with De Beers Jewellery, ordering the repayment of $370,000 plus interest. The court rejected the MC's 'change of position' defense, clarifying that it cannot be used to justify the retention of wrongfully demanded funds.
Wang CongQin Bobby v Ong Heng Huat and another action [2001] SGHC 202
The court held that a private agreement between shareholders/directors regarding the use of company property as collateral for a personal loan is enforceable as a contract between the parties, provided it does not involve the company as a party and is not illegal per se.
Wu Fu Ping and Another v Ong Beng Seng and Others
The court held that the term 'including' in an indemnity clause is not exhaustive and that the indemnity obligation in the consent order was intended to cover rental deposits as liabilities.
PT Master Mandiri v Yamazaki Construction (S) Pte Ltd
An innocent party is not required to accept an offer of partial performance from a contract-breaker if it is unreasonable to do so in the circumstances, and the court will not weigh the innocent party's remedial measures in 'nice scales' when they are placed in an emergency by th
Overseas Union Insurance Ltd v Turegum Insurance Co [2001] SGHC 147
In Overseas Union Insurance Ltd v Turegum Insurance Co [2001] SGHC 147, the High Court ruled in favour of Turegum, confirming the validity of four reinsurance contracts and their London arbitration clauses. The court dismissed OUI's claim and ordered them to pay all costs.
Sharon Global Solutions Pte Ltd v LG International (Singapore) Pte Ltd [2001] SGHC 139
In Sharon Global Solutions Pte Ltd v LG International (Singapore) Pte Ltd [2001] SGHC 139, the court ruled for the plaintiff, rejecting the defense of economic duress and affirming that the agreement to share freight costs was supported by valid consideration and practical benefit.
Star City Pty Ltd (formerly known as Sydney Harbour Casino Pty Ltd) v Tan Hong Woon [2001] SGHC 100
A claim for money won upon a wager is barred by section 5(2) of the Civil Law Act, regardless of whether the gambling took place in Singapore or abroad, and regardless of whether the wagering contract was lawful at the place it was made.
Singapore Insulating Glass Pte Ltd v Newspaper Seng Pte Ltd [2000] SGHC 88
Where a contract for the sale of land is subject to a third-party consent (JTC) that is not obtained by the stipulated date, the party seeking to rely on the failure of consent must show that it took all reasonable steps to obtain it, or that it was useless to do so.
The Development Bank of Singapore Ltd v Heng Holdings SEA (Pte) Ltd and Others [2000] SGHC 7
The court held that an alleged oral agreement to forbear from calling upon banking facilities was a sham defence and, even if it existed, was not binding due to clauses in the facility agreements requiring amendments to be in writing.
Chau Kwok Fun Kevin and Another v Etons Management Consultants Pte Ltd formerly known as Eng Kheng Management Consultants Pte Ltd and Others [2000] SGHC 32
The court rectified a settlement agreement to correct a mistake in the definition of 'our clients' which had inadvertently imposed payment obligations on parties not intended to be liable.
Harris Hakim v Allgreen Properties Ltd [2000] SGHC 271
Clause 5(3) of the Housing Developers Rules Form E (1990) did not restrict the developer's right to claim damages in excess of the 20% forfeiture amount, as the clause expressly preserved other rights available at law or in equity.
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.
Quek Chiau Beng v Phua Swee Pah Jimmy [2000] SGHC 247
A gambling debt cannot spawn a cause of action and is unenforceable under s 5(2) of the Civil Law Act.
Ong Khim Heng Daniel v Leonie Court Pte Ltd [2000] SGHC 237
In Ong Khim Heng Daniel v Leonie Court Pte Ltd [2000] SGHC 237, the Court affirmed the validity of a sale and purchase agreement, ruling that defendants could not rely on non-performance caused by their own interference with Strata Titles Board proceedings to terminate the contract.
Triangle Auto Pte Ltd v Zheng Zi Construction Pte Ltd [2000] SGHC 229
A reasonable deposit in a sale and purchase contract is earnest money; the seller is entitled to forfeit it upon breach and claim additional damages for losses exceeding the deposit amount.