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UYQ v UYP [2020] SGCA 3
The court affirmed that the structured approach in ANJ v ANK should not be applied in a rigid, mechanistic, or overly-arithmetical manner, and that the broad brush approach remains relevant in family law.
Steep Rise Ltd v Attorney-General [2020] SGCA 20
The AG's duty of full and frank disclosure in ex parte MACMA applications is limited to disclosing material facts within the AG's actual knowledge, and there is no requirement to show a risk of dissipation for a restraint order under the MACMA.
Toh Ah Poh v Tao Li [2020] SGCA 18
An interim judgment in divorce proceedings that orders the transfer of a property held in joint tenancy to one spouse upon payment of a sum to the other spouse effects a severance of the joint tenancy upon the judgment being made absolute.
Chan Sze Ying v Management Corporation Strata Title Plan No 2948 (Lee Chuen T’ng,intervener) [2020] SGCA 123
The chairperson of a management corporation meeting has a residual common law power to adjourn a meeting when it is objectively reasonable to do so, even if a motion to adjourn could technically be put to a vote, provided the meeting cannot reasonably be expected to continue.
CDV v CDW [2020] SGCA 100
Section 112(4) of the Women's Charter does not apply retrospectively to consent orders for the division of matrimonial assets made under the repealed s 106 of the Women's Charter (1985 Edition).
Zamri bin Mohd Tahir v Public Prosecutor [2019] SGCA 9
The court held that an accused's role as a courier under s 33B(2)(a) of the MDA is determined by their acts in relation to the specific consignment, and inchoate intentions dependent on future instructions do not automatically disqualify an accused from being a courier.
Harmonious Coretrades Pte Ltd v United Integrated Services Pte Ltd [2019] SGCA 77
Adjudication determinations under the SOPA are independently enforceable and do not supersede one another; therefore, a garnishee order based on an earlier adjudication determination remains valid even if a subsequent adjudication determination results in a net claim for the resp
Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro SAPI de CV and others and another appeal (Jesus Angel Guerra Mendez, non-party) [2019] SGCA 74
The court held that Singapore was the appropriate forum for disputes concerning the internal governance of Singapore-incorporated companies, and that directors are bound by the company's constitution upon accepting their appointment.
Yashwant Bajaj v Toru Ueda [2019] SGCA 69
A statutory demand must be set aside if the debt is disputed on substantial grounds. A qualified expert determination that is subject to further adjustments is not a final and binding debt.
Adinop Co Ltd v Rovithai Ltd and another [2019] SGCA 67
A party breaches a confidentiality agreement and equitable duty of confidence by using confidential customer information for a purpose (notifying customers of a change in distributor) that falls outside the scope of the 'Purpose' defined in the agreement (advancing the distributo
TMT Asia Limited v BHP Billiton Marketing AG (Singapore Branch) and another [2019] SGCA 60
The court held that the continuation of an action is an abuse of process if the claimant has been offered all the relief sought in the claim, and that the threshold for abuse of process is the same whether determined under O 18 r 19 or O 14 r 12/O 33 r 2 of the Rules of Court.
Leong Sze Hian v Lee Hsien Loong [2019] SGCA 53
The tort of abuse of process is not a recognised tort under the law of Singapore.
Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50
The Singapore court has the power to grant a Mareva injunction in aid of foreign court proceedings, provided the court has in personam jurisdiction over the defendant and there is a good arguable case on the merits.
Yap Chen Hsiang Osborn v Public Prosecutor [2019] SGCA 40
A secondary offender who does not commit the predicate offence but launders the proceeds of another person's crime cannot be charged under s 47(1) of the CDSA, which is reserved for primary offenders.
Bintai Kindenko Pte Ltd v Samsung C&T Corp and another [2019] SGCA 39
The court held that parties can contractually exclude the right to rely on the unconscionability exception to restrain a call on a performance guarantee, and that such exclusion clauses are binding if incorporated by reference into a signed contract.
Swissbourgh Diamond Mines (Pty) Ltd and others v Kingdom of Lesotho [2018] SGCA 81
The court held that it has jurisdiction to set aside an arbitral award under Art 34(2)(a)(iii) of the Model Law where the tribunal lacked jurisdiction, and that the PCA Tribunal lacked jurisdiction over the dispute as the alleged investment did not bear the requisite territorial
Hamzah bin Ibrahim v Public Prosecutor and another appeal [2018] SGCA 45
The Court of Appeal held that applications to adjourn criminal appeals at the eleventh hour will not be granted as a matter of course, and counsel must state precisely the deficiency in their client's understanding to justify such requests.
Singapore Rifle Association v Singapore Shooting Association [2018] SGCA 42
An occupier does not owe a duty of care to a lawful entrant if the occupier has relinquished control over the premises to a third party during the period in which the alleged negligence occurred.
Strait Colonies Pte Ltd v SMRT Alpha Pte Ltd [2018] SGCA 36
Knowledge of the facts giving rise to the right of rescission is sufficient for affirmation to take place; it is not necessary for the representee to know of his legal right to rescind.
Ng Siok Poh (administratrix of the estate of Lim Lian Chiat, deceased) and another v Sim Lian-Koru Bena JV Pte Ltd [2018] SGCA 35
The court held that the appropriate measure of damages for tortious damage to property is the cost of reasonable reinstatement, determined by objective reasonableness, balancing the property's unique value against the proportionality of the cost of reinstatement.
Public Prosecutor v Mohd Ariffan bin Mohd Hassan [2018] SGCA 10
The Ladd v Marshall conditions for the admission of fresh evidence on appeal apply in an unattenuated manner to applications by the Prosecution in criminal proceedings, unlike the more lenient approach applied to applications by accused persons.
Public Prosecutor v BDB [2017] SGCA 69
The court established that in cases of fatal child abuse prosecuted under s 325 of the Penal Code, the indicative starting point for sentencing should be around eight years' imprisonment, subject to calibration based on aggravating and mitigating factors.
Chang Kar Meng v Public Prosecutor [2017] SGCA 22
The court held that while the sentence imposed was not manifestly excessive, it was out of line with precedents, and thus reduced the aggregate sentence to 15 years' imprisonment, noting that the new sentencing approach for rape and robbery would apply prospectively.
Turf Club Auto Emporium Pte Ltd and others v Yeo Boong Hua and others and another appeal and other matters [2017] SGCA 21
A consent order that is contractual in nature cannot be set aside ab initio on the basis of repudiatory breaches; such breaches only permit prospective termination of the agreement.