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SeaCAD Technologies Pte Ltd v Tan Siew Meng Aaron and Another [2007] SGHC 192
In SeaCAD Technologies v Tan Siew Meng Aaron, the High Court dismissed claims of misuse of confidential information but upheld a breach of contract claim. The court applied the doctrine of estoppel by convention to enforce a poorly drafted non-competition clause based on the parties' intent.
Metro Alliance Holdings & Equities Corp v WestLB AG [2007] SGHC 175
The court held that the assignment of assets was not a condition precedent to the payment of the balance purchase price, and that the defendant was entitled to forfeit the deposit upon the plaintiff's failure to pay by the settlement date.
Asirham Investment Pte Ltd v JSI Shipping (S) Pte Ltd [2007] SGHC 171
A tenancy agreement is valid and binding if it contains all material terms (parties, property, term, rental), even if a referenced floor plan is missing. A party's demand for a refund and threat of legal action constitutes a repudiatory breach.
Reindeer Developments Inc v Mindpower Innovations Pte Ltd [2007] SGHC 170
A valid contract for the sale of land can exist without a formal signed option if the 'three Ps' (property, price, parties) are identified and there is a sufficient note or memorandum in writing satisfying s 6(d) of the Civil Law Act.
Econ Piling Pte Ltd v NCC International AB [2007] SGHC 17
A subsequent agreement with a court-exclusive dispute resolution clause supersedes an earlier arbitration agreement in a related contract where the two are inconsistent.
Chia Kok Kee v HX Investment Pte Ltd (So Lai Har (alias Chia Choon), third party in issue) (Tan Wah, third party in counterclaim) [2007] SGHC 164
The court held that HX Investment Pte Ltd was a commercial vehicle used by the parties to channel their investment in a joint venture, and that the terms of the oral agreement between the parties were a 60:40 split in shareholding between the defendant and the plaintiff.
Lal Hiranand v Kamla Lal Hiranand [2006] SGHC 98
In Lal Hiranand v Kamla Lal Hiranand [2006] SGHC 98, the High Court upheld the validity of a 1999 deed, dismissing the plaintiff's claim to set it aside. The court ordered specific performance, requiring the plaintiff to account for estate assets and fulfill financial obligations stipulated in the d
TCL Industries (Malaysia) Sdn Bhd v ICC Chemical Corp [2006] SGHC 88
A party claiming force majeure must prove that the failure to perform was beyond its reasonable control and not attributable to its own negligence; a short-selling of goods does not constitute force majeure.
C & P Holdings Pte Ltd v Witco Industries Pte Ltd [2006] SGHC 8
The court held that the plaintiff was in breach of contract for failing to make payment, and dismissed the plaintiff's claim while allowing the defendant's counterclaim for the balance due.
Ho Seek Yueng Novel and Another v J & V Development Pte Ltd [2006] SGHC 63
In Ho Seek Yueng Novel v J & V Development Pte Ltd [2006] SGHC 63, the High Court dismissed the plaintiffs' claim and upheld the defendant's counterclaim. The court ruled that the plaintiffs' attempt to introduce new evidence post-hearing constituted an abuse of process.
Otech Pakistan Pvt Ltd v Clough Engineering Ltd and Another [2006] SGHC 55
A party is bound by its pleadings and a case must be decided on the issues raised on the record.
Van Der Horst Engineering Pte Ltd v Rotol Singapore Ltd [2006] SGHC 53
A party may recover wasted pre-contractual expenditure as damages for breach of contract if such expenditure was within the reasonable contemplation of the parties as likely to be wasted if the contract was broken.
HG Metal Manufacturing Ltd v Nam Tat Hardware Co (a firm) [2006] SGHC 37
A contract is not terminated by a party's expression of frustration or statement that the contract is 'useless' unless it clearly and unequivocally conveys an intention to treat the contract as at an end.
Fornet Enterprise Co Ltd v Howell Universal Pte Ltd and Others [2006] SGHC 33
The court held that the plaintiff failed to prove the existence of a mercantile agency relationship or that the defendants breached any agreement, and that the conspiracy claim was not proven.
Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd [2006] SGHC 3
The court held that the defendant had discharged its contractual obligations regarding material suitability by providing the required Certificates of Analysis from the specified supplier, May Polyester Films Sdn Bhd.
Wah Heng Glass Holdings Pte Ltd v Diethelm Keller Engineering Pte Ltd [2006] SGHC 29
The court held that the plaintiff had proven the existence of the contracts and the defendant failed to prove its counterclaims for defective work and material due to lack of evidence.
Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric (practising under the name and style of W P Architects) [2006] SGHC 222
In cases of concurrent liability in contract and tort, the stricter contractual rules of remoteness apply. The court also affirmed the 'two-stage process' for determining duty of care in negligence for pure economic loss.
Chua Kim Leng (Cai Jinling) v Phillip Securities Pte Ltd [2006] SGHC 221
The court held that an exchange of emails between the parties constituted a binding contract for the sharing of commission from a share offer, and that the plaintiff was entitled to her share of the commission, which was to be set off against her loan obligations.
Sato Kogyo (S) Pte Ltd v RDC Concrete Pte Ltd [2006] SGHC 213
The High Court granted interlocutory judgment for the plaintiff on its damages claim while awarding the defendant $236,802.64 on its counterclaim for unpaid concrete deliveries, with the court ordering a Registrar assessment to quantify damages and resolve specific disputed deductions.
Parkway Hospitals Singapore Pte Ltd (trading as Mount Elizabeth Hospital) and Another v Sandar Aung [2006] SGHC 200
The court held that the defendant was liable for all hospital charges incurred under the Agreement, as the Agreement was unambiguous and the Estimate provided was not a contract that limited liability. The court also held that the plaintiffs could not recover doctors' fees as the
National Foods Ltd v Pars Ram Brothers (Pte) Ltd [2006] SGHC 173
The High Court dismissed National Foods Ltd's claims against Pars Ram Brothers, ruling the plaintiff failed to prove the ginger was of unsatisfactory quality. The court held that while a settlement agreement barred claims for specific defects, it did not cover issues like excessive ash content.
Abdul Jalil bin Ahmad bin Talib and Others v A Formation Construction Pte Ltd [2006] SGHC 171
A compromise agreement entered into by a sole trustee is binding on the trust where the trustee had ostensible authority or where the defendant provided consideration for the compromise by forbearing to pursue a claim for damages.
Resource Piling Pte Ltd v Geocon Piling & Engineering Pte Ltd and Another [2006] SGHC 134
The court held that the subcontract for piling works was between Resource and Geocon, and that payment should be based on the actual length of piles constructed rather than design length.
Lee Chee Wei v Tan Hor Peow Victor and Others [2006] SGHC 116
Specific performance is not an appropriate remedy for the sale of shares where the vendor's interest is strictly monetary and the vendor failed to mitigate loss.