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Goh Lay Khim and others v Isabel Redrup Agency Pte Ltd and another appeal [2017] SGCA 11
The decision in Goh Lay Khim and others v Isabel Redrup Agency Pte Ltd and another appeal [2017] SGCA 11 represents a definitive statement by the Court of Appeal on the "effective cause" doctrine in agency law and the boundaries of privilege in the law of defamation. The dispute
Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] SGCA 61
The court held that 'serious misconduct' in an employment contract refers to a breach that is so serious as to constitute a repudiatory breach at common law, and that the principles in RDC Concrete apply to determine if a breach is repudiatory.
Haliffie bin Mamat v Public Prosecutor & other appeals [2016] SGCA 58
A complainant's testimony in a rape case can ground a conviction if it is unusually convincing, or if it is corroborated by independent evidence. The appellate court will not disturb a trial judge's findings of fact unless they are plainly wrong or against the weight of evidence.
The "Chem Orchid" and another matter [2016] SGCA 4
An appeal against a judge's refusal to strike out an action commenced by a writ of summons is precluded by s 34(1)(a) of the SCJA read with para (e) of the Fourth Schedule, meaning no appeal lies to the Court of Appeal without leave.
Clearlab SG Pte Ltd v Ma Zhi and another [2016] SGCA 31
Leave to appeal is required under s 34(2)(b) of the SCJA for an appeal that concerns only the question of costs, even if the appellant has separately appealed against the substantive merits of the same matter.
Arab Banking Corp (B.S.C.) v Boustead Singapore Ltd [2016] SGCA 26
A guarantor bank acts fraudulently in the reckless sense if it honours a demand it knows or ought to know is invalid, and it is not entitled to be indemnified by the account party in such circumstances.
Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10
The principle of necessity does not apply to private associations to excuse apparent bias in disciplinary proceedings, as private bodies can amend their rules to ensure impartial panels.
Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57
A dispute over minority oppression or unfairly prejudicial conduct under s 216 of the Companies Act is arbitrable, and the court should adopt a prima facie standard of review when hearing a stay application under s 6 of the IAA.
V Nithia (co-administratrix of the estate of Ponnusamy Sivapakiam, deceased) v Buthmanaban s/o Vaithilingam and another [2015] SGCA 56
A court is not entitled to decide a suit on a matter on which no issue has been raised by the parties, and it is improper for a court to displace the case made by a party in its pleadings and give effect to an entirely new case which the party had not made out in its own pleading
Muhammad Ridzuan bin Mohd Ali v Attorney-General [2015] SGCA 53
The Public Prosecutor's decision not to grant a certificate of substantive assistance under s 33B(2)(b) of the Misuse of Drugs Act is reviewable on grounds of bad faith, malice, or unconstitutionality, but the applicant bears the burden of establishing a prima facie case of reaso
Global Tobacco Manufacturers (International) Sdn Bhd v Jamal Abdulnaser Mahmoud Al Mahamid [2015] SGCA 51
The court held that evidence of actual confusion is not a necessary element of the cause of action for trademark invalidation, and that a high degree of similarity between marks and identical goods is sufficient to infer a likelihood of confusion.
Seah Teong Kang (co-executor of the will of Lee Koon, deceased) and another v Seah Yong Chwan (executor of the estate of Seah Eng Teow) [2015] SGCA 48
A specific testamentary gift of shares in a company in winding up does not fail for want of compliance with s 259 of the Companies Act, as the equitable interest in the shares passes to the legatee upon the executor's assent, which constitutes a transmission rather than a transfe
Ten Leu Jiun Jeanne-Marie v National University of Singapore [2015] SGCA 41
There is no absolute duty on the court to provide written grounds of decision for every interlocutory hearing; the duty to provide reasons is measured against a standard of explanation corresponding to the requirements of the case.
BNS v BNT [2015] SGCA 23
In relocation applications, the welfare of the child is the paramount and overriding consideration, and there is no legal presumption in favour of allowing relocation even if the primary caregiver's desire to relocate is reasonable.
Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] SGCA 35
The doctrine of frustration applies where a supervening event, without fault of either party, renders contractual obligations radically different from those contemplated. The unavailability of a mutually contemplated source of supply can frustrate a contract.
EFT Holdings, Inc and another v Marinteknik Shipbuilders (S) Pte Ltd and another [2013] SGCA 64
The court held that for a claim of conspiracy by unlawful means, the conspirators must have the intention to injure the claimant, and that mere foreseeability of harm is insufficient. Furthermore, the court clarified that in a tort claim involving foreign elements, the claimant i
N K Rajarh and others v Tan Eng Chuan and others [2013] SGCA 62
A collective sale committee (CSC) owes fiduciary duties to all subsidiary proprietors and must act in good faith, which includes a duty of even-handedness and a duty of disclosure. The CSC's failure to disclose an incentive payment arrangement involving the marketing agent and on
ADP v ADQ [2012] SGCA 6
The Singapore courts have jurisdiction under the Women's Charter to order the division of matrimonial assets and maintenance even if the marriage is found to be void.
Mano Vikrant Singh v Cargill TSF Asia Pte Ltd [2012] SGCA 42
A forfeiture-for-competition clause that operates on vested benefits constitutes a restraint of trade, as it effectively restrains an employee from competing by threatening the forfeiture of vested rights.
Goh Sin Huat Electrical Pte Ltd v Ho See Jui (trading as Xuanhua Art Gallery) and another [2012] SGCA 32
An appellate court will only interfere with a trial judge's apportionment of liability if there is an error in principle, misapprehension of facts, or if the decision is plainly wrong.
Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala [2012] SGCA 16
A non-exclusive jurisdiction clause is a factor to be considered in a forum non conveniens analysis but does not automatically make the chosen forum the most appropriate one, especially if the defendant fails to discharge the burden of proving it is clearly or distinctly more app
Dovechem Holdings Pte Ltd (in liquidation) and others v Ng Joo Soon (alias Nga Ju Soon) [2011] SGCA 35
The court held that the Remuneration Plan did not require the director to retire upon reaching the age of 70, and that he remained a director entitled to inspect company records under s 199 of the Companies Act.
ZO v ZP and another appeal [2011] SGCA 25
The court affirmed the principles of joint parenting, holding that joint custody should be the norm rather than the exception, and that acrimony alone is insufficient to justify a sole custody order.
CLARENCE LUN YAODONG v DENTONS RODYK & DAVIDSON LLP
The court held that a dispute over the validity of a retainer agreement is not an essential element of a solicitor-and-client costs assessment proceeding, and thus does not warrant a stay of the assessment proceedings in favour of arbitration.