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Alternative Advisors Investments Pte Ltd v Asidokona Mining Resources Pte Ltd and another [2024] SGCA 3

A principal cannot ratify a contract if the agent did not purport to act on the principal's behalf at the time of the contract's formation.

Sushant Shukla· ·13 min read
Singapore

Tan Yew Huat v Sin Joo Huat Hardware Pte Ltd and another matter [2024] SGCA 27

The court held that a valid settlement agreement was concluded between the parties and that the doctrine of common mistake was not applicable as the parties were aware of the trust arrangement. Furthermore, the availability of a voluntary winding up is a factor that militates aga

Sushant Shukla· ·13 min read
Singapore

Moad Fadzir bin Mustaffa v Public Prosecutor [2024] SGCA 26

The court dismissed the application for a stay of execution as the applicant failed to provide any new grounds for review and was barred from filing further review applications.

Sushant Shukla· ·11 min read
Singapore

Magendran Muniandy v Public Prosecutor [2024] SGCA 23

The court held that a judge's preparation for a hearing by reading materials and forming provisional views does not constitute pre-judgment, provided the judge maintains an open mind to be persuaded by oral arguments.

Sushant Shukla· ·13 min read
Singapore

DBL v DBM [2024] SGCA 19

An aggrieved party cannot argue a breach of natural justice if it failed to raise an objection before the tribunal at the material time. Furthermore, curial intervention requires proof of actual or real prejudice caused by the breach.

Sushant Shukla· ·14 min read
Singapore

Xu Yuanchen v Public Prosecutor [2024] SGCA 17

Applications for criminal references under s 397 of the Criminal Procedure Code must satisfy four conditions, including that the question must be one of law of public interest. A question is not of public interest if it is settled by the highest court or if it is a mere question

Sushant Shukla· ·14 min read
Singapore

Lim Suk Ling Priscilla and another v Amber Compounding Pharmacy Pte Ltd and another [2024] SGCA 16

In a breach of confidence claim, a plaintiff may plead wrongful gain and wrongful loss interests in the alternative, but cannot claim both for the same set of documents or information as the Coco and I-Admin tests are mutually exclusive in that context.

Sushant Shukla· ·13 min read
Singapore

Nicholas Eng Teng Cheng v Government of the City of Buenos Aires [2024] SGCA 15

The law of incorporation (lex incorporationis) is the governing law for the lifting of a company's corporate veil, as it is inextricably linked to the company's separate legal personality.

Sushant Shukla· ·14 min read
Singapore

Zhu Su v Three Arrows Capital Ltd and others and another matter [2024] SGCA 14

An order under s 244 of the IRDA is a final order, not an interlocutory order, because it finally determines the substantive rights of the parties to obtain or provide information.

Sushant Shukla· ·13 min read
Singapore

Voltas Ltd v York International Pte Ltd [2024] SGCA 12

A conditional award can constitute a final award, and a tribunal cannot impliedly reserve its jurisdiction to revisit an otherwise final award.

Sushant Shukla· ·15 min read
Singapore

Masoud Rahimi bin Mehrzad and others v Attorney-General [2024] SGCA 11

The court held that the appellants lacked standing to challenge the constitutionality of the PACC Act because the provisions were not yet in force and the appellants were not currently affected by them.

Sushant Shukla· ·13 min read
Singapore

Syed Abdul Mutalip bin Syed Sidek and Another v Public Prosecutor

A retracted confession is admissible and sufficient for conviction if the court is satisfied it was made voluntarily and is true.

Sushant Shukla· ·13 min read
Singapore

Clarke Beryl Claire (as personal representative of the estate of Eugene Francis Clarke) and Others v SilkAir (Singapore) Pte Ltd

The court held that the respondent carrier could limit its liability under the Warsaw Convention and the Warsaw (Hague) Convention because the appellants failed to prove that the crash was caused by the pilots' wilful misconduct or reckless acts with knowledge that damage would p

Sushant Shukla· ·14 min read
Singapore

Dr Khoo James and Another v Gunapathy d/o Muniandy and another appeal

The Bolam test, as supplemented by Bolitho, requires that medical expert opinion must satisfy a threshold test of logic to be considered a responsible body of opinion, but the court should not adjudicate between competing respectable medical opinions.

Sushant Shukla· ·14 min read
Singapore

Wee Soon Kim Anthony v The Law Society of Singapore (No 4)

The Inquiry Committee has the discretion to determine how to carry out its inquiry, including whether to hear from persons who can shed light on the matter, and is not precluded from making findings on disputed facts if it can do so based on objective evidence.

Sushant Shukla· ·14 min read
Singapore

Tan Hock Keng v L and M Group Investments Ltd

The court held that the word 'procure' in the context of the contract imposed a definite obligation to ensure performance, and that extrinsic evidence was admissible to construe an ambiguous limitation clause.

Sushant Shukla· ·12 min read
Singapore

Tan Chiang Brother's Marble (S) Pte Ltd v Permasteelisa Pacific Holdings Ltd

A single judge of the Court of Appeal lacks jurisdiction under s 36(1) SCJA to strike out an appeal. Furthermore, 'at the trial' in s 34(2)(a) SCJA refers to the trial, not the appeal.

Sushant Shukla· ·14 min read
Singapore

Amran Bin Eusuff & Anor v Public Prosecutor

Entrapment is not a valid defence to a criminal charge in Singapore. A person who voluntarily commits all elements of an offence is guilty regardless of inducement.

Sushant Shukla· ·13 min read
Singapore

Shih Ching Chia James v Swee Tuan Kay

The Court of Appeal held that there was no basis for drawing an adverse inference that the respondent had hidden substantial assets, and set aside the district judge's order requiring the respondent to transfer her interest in the matrimonial home to the appellant.

Sushant Shukla· ·11 min read
Singapore

Abdul Malik bin Abdul Jamil v Public Prosecutor

The court held that the appellant's statements were made voluntarily and that the medical evidence undermined the appellant's claims of assault. Possession of the drugs was proven, and the presumption under s 17 of the Misuse of Drugs Act applied.

Sushant Shukla· ·13 min read
Singapore

Hong Pian Tee v Les Placements Germain Gauthier Inc

A foreign judgment is conclusive and cannot be impeached for error of fact or law. It may only be challenged for fraud if fresh evidence is produced that could not have been discovered with reasonable diligence and would likely affect the result.

Sushant Shukla· ·12 min read
Singapore

Lim Choo Song v Public Prosecutor

The withdrawal of a criminal motion to adduce fresh evidence, where the appellant had admitted possession of the drugs in an affidavit, precludes the appellant from contending that there is doubt regarding the importation of the drugs.

Sushant Shukla· ·14 min read
Singapore

Wan Kamil Bin Md Shafian & Ors v Public Prosecutor

Section 34 of the Penal Code applies to establish joint liability for murder where the act was done in furtherance of a common intention, even if the accused was not physically present at the immediate site of the killing.

Sushant Shukla· ·13 min read
Singapore

Collector of Land Revenue v Mustaq Ahmad s/o Mustafa

Provisional planning permission cannot be taken into account for the purpose of determining the market value of an acquired property under section 33(5)(e) of the Land Acquisition Act.

Sushant Shukla· ·13 min read