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Lim Kian Kiong and Another v Tan Seng Teck and Another (Tan Say Lai and Others, Third Parties) [2005] SGHC 104
In Lim Kian Kiong v Tan Seng Teck [2005] SGHC 104, the High Court ordered defendants to pay plaintiffs $690,900 for outstanding sums. The court also allowed the defendants' third-party claim but awarded only nominal damages of $1,000, finding the defendants' own default initiated the dispute.
Somerset Investments Pte Ltd (formerly known as Liang Court Pte Ltd) v Far East Technology International Ltd (formerly known as Far East Holdings International Ltd) [2004] SGHC 96
A demand for payment under a guarantee is valid even if it incorrectly states the amount due, provided the creditor is entitled to demand the sum secured and the debtor is not prejudiced.
Koh Keow Neo and Others v Chee Johnny and Others [2004] SGHC 94
The court held that the pro-tem committee members, as gratuitous agents, did not owe fiduciary duties to flat owners and did not breach any duty of care in the privatisation process, as they acted in good faith and followed established guidelines.
Fraser Securities Pte Ltd v Seet Ai Kiang and Others [2004] SGHC 9
Parol evidence is inadmissible to vary the terms of a written contract, and a remisier's knowledge of a private nominee arrangement cannot be imputed to the stockbroking firm to waive the client's contractual liability.
Pacific Autocom Enterprise Pte Ltd v Chia Wah Siang [2004] SGHC 89
In Pacific Autocom Enterprise Pte Ltd v Chia Wah Siang [2004] SGHC 89, the High Court ruled in favor of the plaintiff, awarding damages for breach of duty following a distributorship termination. The court rejected claims for internal software costs but upheld damages for operational losses.
Johnson Controls (S) Pte Ltd v Ho Air-Conditioning and Engineering Pte Ltd [2004] SGHC 86
The court held that the defendant waived the requirement for strict contractual performance by accepting substituted equipment and certifying 100% completion of work. Furthermore, the defendant failed to prove that the plaintiff was in breach of contract regarding the timing of t
Merriwa Pty Ltd v Romar Positioning Equipment Pte Ltd [2004] SGHC 78
A deed of settlement and release is not effective if the conditions for payment and discharge are not met.
Chwee Kin Keong and Others v Digilandmall.com Pte Ltd [2004] SGHC 71
In Chwee Kin Keong v Digilandmall.com, the High Court dismissed claims for breach of contract, ruling that agreements were void ab initio because the plaintiffs knowingly exploited the defendant's pricing error. The case establishes that the objective theory of contract does not protect opportunisti
Mohamed Bassatne and Others v Rifaat El Gohary and Others [2004] SGHC 63
The court held that the MOU was a binding contract despite being labelled a memorandum of understanding, as the parties' intention was clear and they had acted upon it.
Newtech Engineering Construction Pte Ltd v BKB Engineering Construction Pte Ltd and Others [2004] SGHC 61
In Newtech Engineering v BKB Engineering [2004] SGHC 61, the High Court ruled in favor of the plaintiff for $55,037.18, dismissing the defendant's counterclaim for liquidated damages due to a lack of substantiated evidence regarding delay calculations and project documentation.
Wee Poh Hueh Florence v Performance Motors Ltd [2004] SGHC 47
The date for assessment of damages for breach of warranty of quality in a sale of goods contract is prima facie the date of delivery, though this may be displaced if the defect is latent and discovered later.
Hub Warrior Sdn Bhd v QBE Insurance (Malaysia) Bhd [2004] SGHC 279
In Hub Warrior Sdn Bhd v QBE Insurance (Malaysia) Bhd [2004] SGHC 279, the High Court dismissed the plaintiff's claim, ruling that the vessel damage was not covered by the policy and rejecting the application for rectification due to insufficient evidence of a common antecedent agreement.
Telestop Pte Ltd v Telecom Equipment Pte Ltd and Another Suit [2004] SGHC 267
In Telestop Pte Ltd v Telecom Equipment Pte Ltd [2004] SGHC 267, the High Court dismissed the plaintiffs' claims, ruling that implied terms regarding non-competition and mandatory promotional extensions could not be read into the franchise agreements, citing the business efficacy test.
Citibank NA v Lim Soo Peng and Another [2004] SGHC 266
The court held that the defendant failed to establish economic duress or undue influence to resist summary judgment, as the defendant had independent legal advice and failed to protest until sued.
By Products Traders Pte Ltd and Another v JAK Alhadad & Co Pte Ltd [2004] SGHC 265
A vendor who cannot fulfil contractual obligations to transfer property must refund deposits paid, especially where the vendor misrepresented the vendor's ability to convey title.
Wishing Star Ltd v Jurong Town Corp (No 2) [2004] SGHC 255
In Wishing Star Ltd v Jurong Town Corp, the High Court dismissed the claim for rescission, ruling that the defendant was not induced by misrepresentation and had affirmed the contract through its conduct despite having full knowledge of the facts.
Bayerische Hypo- und Vereinsbank AG v C K Tang Ltd [2004] SGHC 254
The court held that the termination of the transaction by the defendant was not a breach of contract as the mandate letter allowed for termination at any stage subject to the payment of a break-up fee.
Econ Corp Ltd v So Say Cheong Pte Ltd [2004] SGHC 234
A party seeking to rely on an alleged oral agreement or collateral contract bears the burden of proof to establish that the parties intended to create a legally binding contract, and the court will objectively assess the evidence, including background circumstances and subsequent
Stuttgart Auto Pte Ltd v Ng Shwu Yong [2004] SGHC 231
A contract for repair is not formed where the owner does not provide the required authorisation and the parties fail to agree on the terms of the repair.
Burby, Mark v Koo Khin Yong and Others [2004] SGHC 194
A document containing the clause 'subject to contract' will, prima facie, not constitute a binding obligation unless there are exceptional circumstances that show that the prima facie implication must be displaced.
Chia Ee Lin Evelyn v Teh Guek Ngor Engelin nee Tan and Others [2004] SGHC 193
The court held that the defendants failed to prove the existence of five alleged oral agreements that would have varied the written consultancy agreement, and that the termination of the plaintiff's consultancy was a repudiatory breach by the defendants.
Midlink Development Pte Ltd v The Stansfield Group Pte Ltd [2004] SGHC 182
Silence can be unequivocal evidence of acceptance in a landlord-tenant relationship where the parties' conduct, objectively ascertained, supports the existence of a contract.
Hyundai Engineering and Construction Co Ltd v Rankine and Hill (Singapore) Pte Ltd [2004] SGHC 178
The court held that an action in negligence should be commenced by way of a writ of summons rather than an originating summons when particulars of negligence and damage are required. Furthermore, the court found that the plaintiff failed to prove damage, which is a necessary elem
Excel Golf Pte Ltd v Allied Domecq Spirits and Wine (Singapore) Ltd (No 2) [2004] SGHC 162
A breach of a condition in an oral agreement entitles the innocent party to terminate the contract if the breach is so serious that it deprives the innocent party of substantially the whole benefit of the contract.