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Singapore

N K Rajarh and others v Tan Eng Chuan and others

The Court of Appeal held that a collective sale committee (CSC) must act with transparency and even-handedness towards all subsidiary proprietors. The CSC's failure to disclose incentive payment arrangements, which favoured only certain minority proprietors and involved the marke

Sushant Shukla· ·15 min read
Singapore

DEXTRA PARTNERS PTE LTD & Anor v LAVRENTIOS LAVRENTIADIS

An appellate court should be slow to overturn a trial judge's findings of fact, especially where they hinge on the assessment of witness credibility. Furthermore, an order for an account is a procedural step to identify and quantify deficits in a trust fund, and the court retains

Sushant Shukla· ·14 min read
Singapore

Nim Minimaart (suing as a firm) v Management Corporation Strata Title Plan No 1079 and others

The Court of Appeal has no jurisdiction to entertain an appeal from a High Court judge's decision in an appellate capacity where the subject matter is below $250,000 and leave to appeal has not been obtained from the High Court.

Sushant Shukla· ·14 min read
Singapore

PT Bakrie Investindo v Global Distressed Alpha Fund 1 Ltd Partnership

An examination of judgment debtor (EJD) proceeding does not constitute 'execution' for the purposes of O 67 r 10(2) of the Rules of Court, as its predominant purpose is to garner information rather than to enforce the judgment.

Sushant Shukla· ·13 min read
Singapore

Zyfas Medical Co (Sued as a firm) v Millennium Pharmaceuticals, Inc.

Process patents fall within the scope of 'a patent under the Patents Act' for the purposes of the patent linkage scheme under the Health Products (Therapeutic Products) Regulations 2016.

Sushant Shukla· ·14 min read
Singapore

Samsung C&T Corporation v Soon Li Heng Civil Engineering Pte Ltd

It is unconscionable for a party to call on a performance bond in circumstances where the effect of so doing will be to negate an adjudication determination prior to any final determination of the dispute.

Sushant Shukla· ·13 min read
Singapore

Clifford Development Pte Ltd v Commissioner of Stamp Duties

A scheme for reconstruction under s 15(1)(a) of the Stamp Duties Act requires that the shareholding remains substantially the same (at least 90%) after the reconstruction, and the Commissioner is entitled to look at the totality of the transaction, including subsequent events, to

Sushant Shukla· ·14 min read
Singapore

OEI HONG LEONG & Anor v CHEW HUA SENG

The court held that there was no intention to create legal relations between the parties in the context of the informal meeting and the resulting agreement, thus no binding contract was formed.

Sushant Shukla· ·14 min read
Singapore

PHILIPPE EMANUEL MULACEK v CARLO GIUSEPPE CIVELLI

The court held that the Texas court was the natural forum for the dispute and that the appellant failed to establish vexation or oppression to justify an anti-suit injunction.

Sushant Shukla· ·14 min read
Singapore

MOHAMMAD RIZWAN BIN AKBAR HUSAIN v PUBLIC PROSECUTOR

The Court of Appeal affirmed the convictions of the appellants for drug trafficking offences, finding that the identification evidence and circumstantial evidence were sufficient to prove their guilt beyond reasonable doubt.

Sushant Shukla· ·14 min read
Singapore

Saravanan Chandaram v PUBLIC PROSECUTOR

The Court of Appeal clarified the definition of 'cannabis mixture' under the Misuse of Drugs Act, holding that it requires a mixture of cannabis with other vegetable matter, and ruled that the Prosecution's 'Dual Charging Practice' for a single block of cannabis-related material

Sushant Shukla· ·15 min read
Singapore

MALAYAN BANKING BERHAD v BAKRI NAVIGATION COMPANY LTD & Anor

A floating charge does not crystallise by operation of law merely because a transaction is outside the ordinary course of business, unless such transaction amounts to a cessation of the company's business as a going concern.

Sushant Shukla· ·13 min read
Singapore

NAVIN JATIA & 2 Ors v RAM NIRANJAN & Anor

The Court of Appeal held that the August 2015 Deed was a valid settlement agreement and that there was no breach of any duty of disclosure by the parties, as the duty of disclosure in family arrangements is not engaged where there is no relationship of trust and confidence.

Sushant Shukla· ·15 min read
Singapore

TOH AH POH v TAO LI

An interim judgment in divorce proceedings ordering the transfer of a property held in joint tenancy upon payment of a sum of money effects a severance of the joint tenancy by judicial pronouncement, regardless of whether the payment condition has been fulfilled.

Sushant Shukla· ·15 min read
Singapore

Ong Wui Teck v The Attorney-General

The court affirmed that the appellant was guilty of scandalising contempt and contempt in the face of the court for making baseless allegations of bias against a judge in affidavits filed for a recusal application.

Sushant Shukla· ·14 min read
Singapore

Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric

The court held that the deed of indemnity did not impose additional supervisory duties on the architect beyond his statutory duties as a qualified person, and that causation in fact was not established as the contractor would have ignored the architect's instructions due to an on

Sushant Shukla· ·15 min read
Singapore

Siva Kumar S/O Avadiar v Quek Leng Chuang & 2 Ors

A consent order for a share buy-out in a minority oppression action is a freely negotiated settlement and not an order made under s 216(2) of the Companies Act. The court has the inherent power to record such a settlement as a consent order without a prior finding of minority opp

Sushant Shukla· ·14 min read
Singapore

Burgundy Global Exploration Corp v Transocean Offshore International Ventures Ltd and another appeal

A party cannot recover damages for breach of a contract (the Drilling Contract) in an action founded on a separate contract (the Escrow Agreement), even if the breach of the latter entitles the party to terminate the former.

Sushant Shukla· ·13 min read
Singapore

LEONG SZE HIAN v LEE HSIEN LOONG

The tort of abuse of process is not a recognised tort under the law of Singapore.

Sushant Shukla· ·12 min read
Singapore

United Overseas Bank Ltd v Bebe bte Mohammad

The principle of indefeasibility of title under the Land Titles Act is paramount, and personal equity claims against a registered proprietor must be grounded in known legal or equitable causes of action and must not be inconsistent with the Act's policy of certainty.

Sushant Shukla· ·15 min read
Singapore

Teleoptik-Ziroskopi and others v Westacre Investments Inc and other appeals

The court held that a trial was necessary to resolve factual issues regarding the beneficial ownership of funds in garnishee proceedings, as summary determination was inappropriate where the legal issues depended on disputed facts.

Sushant Shukla· ·16 min read
Singapore

SWISSBOURGH DIAMOND MINES (PTY) LIMITED & 8 Ors v KINGDOM OF LESOTHO

The court held that it had 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 lacked the requisite territorial nexus

Sushant Shukla· ·15 min read
Singapore

Foo Jong Peng and others v Phua Kiah Mai and another

The court held that there was no implied term in the Association's Rules permitting the Management Committee to remove office bearers before the expiry of their fixed terms, as such a term was not necessary for business efficacy.

Sushant Shukla· ·16 min read
Singapore

Pathip Selvan s/o Sugumaran v Public Prosecutor

The court held that the accused was entitled to the partial defence of provocation because the deceased's taunt about his sexual prowess, in the context of their turbulent relationship, was grave and sudden enough to cause an ordinary person to lose self-control.

Sushant Shukla· ·14 min read