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VINTAGE BULLION DMCC v MF GLOBAL SINGAPORE. PTE. LIMITED (IN CREDITORS’ VOLUNTARY LIQUIDATION) & 3 Ors
A statutory trust is imposed on moneys accruing to or received on account of customers under the Commodity Trading Act and Securities and Futures Act, which includes Forward Value that has crystallised upon the closing of transactions, but excludes Unrealised Profits which remain
GRAINS AND INDUSTRIAL PRODUCTS TRADING PTE LTD v BANK OF INDIA & Anor
A nominated bank under UCP 600 acts as the issuing bank's agent for receiving documents, and a timely presentation to the nominated bank engages the issuing bank's liability to honour the credit.
ARAB BANKING CORPORATION (B.S.C.) v BOUSTEAD SINGAPORE LIMITED
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 its customer for such payment.
Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals
The court held that a dispute over minority oppression or unfairly prejudicial conduct under s 216 of the Companies Act is arbitrable, and that a 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
A court should not decide a case on an unpleaded cause of action if it causes irreparable prejudice to the other party that cannot be compensated by costs.
Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd
The SMC Rules prescribing office hours for the lodgement of documents are not ultra vires the SOPA, and timelines under the SOPA must be strictly complied with.
IVAN CHIN v H P CONSTRUCTION & ENGINEERING PTE LTD
An Architect's certificate issued under the SIA Conditions loses its temporary finality if it is tainted by fraud or not issued in accordance with the contract, and the court cannot sever or adjust such a certificate.
Poh Yuan Nie v Public Prosecutor and another matter [2022] SGCA 74
The offence of cheating under s 415 of the Penal Code does not require the intention to cause wrongful loss or gain of property (the s 24 requirement) when the deception involves a dishonest concealment of facts, as 'dishonest' in Explanation 1 is used in its ordinary sense.
Public Prosecutor v Azlin bte Arujunah and another appeal [2022] SGCA 67
The death penalty for murder under s 300(c) is not warranted where the offender did not comprehend the likelihood of death resulting from their actions and did not manifest a blatant disregard for human life.
CSY v CSZ [2022] SGCA 43
The court has discretion under s 6 of the Arbitration Act to refuse a stay of court proceedings in favour of domestic arbitration if there is sufficient reason, and the existence of related actions with significant factual overlap can constitute such sufficient reason.
Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP [2022] SGCA 40
An appeal arises from a case relating to specified subject matter under the Sixth Schedule of the SCJA only if the subject matter is legally relevant to or has some bearing on the reliefs or orders sought at first instance.
Wei Fengpin v Raymond Low Tuck Loong and others [2022] SGCA 32
A buyout order is appropriate in an oppression action even if the company is insolvent, and the court may use the acquisition price of the shares as a fair valuation date when audited accounts are unavailable due to the oppressor's misconduct.
Law Society of Singapore v Lee Wei Ling and another [2022] SGCA 22
The Council of the Law Society has the power under s 87(1)(d) of the Legal Profession Act 1966 to refer a matter back to an Inquiry Committee for reconsideration, even where the Inquiry Committee has initially recommended that the matter proceed to a Disciplinary Tribunal.
Tan Seng Kee v Attorney-General and other appeals [2022] SGCA 16
The Court of Appeal held that s 377A is unenforceable in its entirety due to the political compromise reached in 2007 and the representations made by the Attorney-General in 2018, which created a substantive legitimate expectation of non-enforcement.
Superpark Oy v Super Park Asia Group Pte. Ltd and 2 others [2021] SGCA 8
A voluntary winding up of a company cannot commence without a special resolution passed by its members, and the appointment of provisional liquidators does not constitute a third method of commencing a voluntary winding up.
Republic of India v Vedanta Resources plc [2021] SGCA 50
The court held that an application for declaratory relief that is in substance a backdoor appeal against an arbitral tribunal's procedural order, and which seeks an advisory opinion to pressure the tribunal, constitutes an abuse of process and violates the principle of minimal cu
CDM & another v CDP [2021] SGCA 45
The jurisdiction of an arbitral tribunal is defined by the pleadings, which include not only the Notice of Arbitration and Statement of Claim, but also subsequent pleadings such as the Defence and Counterclaim. If an issue is raised in the pleadings, it is within the tribunal's j
Kannan s/o Birasenggam v Public Prosecutor [2021] SGCA 15
The Court of Appeal affirmed that the sentence imposed by the High Court was not manifestly excessive, considering the seriousness of the drug offences and the aggravating factor of offending while on bail.
Public Prosecutor v Takaaki Masui and another and other matters [2021] SGCA 119
The court held that s 13(1) of the PCA is intended for disgorgement of ill-gotten gains rather than punishment. Consequently, when quantifying the penalty, the court should take into account any gratification already repaid or disgorged by the recipient.
Jumadi bin Abdullah v Public Prosecutor and other appeals [2021] SGCA 113
The court affirmed that the MDP Notice is not a threat, inducement, or promise under s 258(3) of the CPC, and that statements made after its administration are admissible.
AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2021] SGCA 112
The court's power to award costs under the SCJA does not encompass the power to order a petitioning creditor to bear a liquidator's remuneration and expenses; such power resides in the court's inherent powers, which are exercised only in exceptional circumstances involving fault
CAJ and another v CAI and another appeal [2021] SGCA 102
The court held that an arbitral tribunal exceeds its jurisdiction and breaches natural justice when it allows a party to raise a new, fact-sensitive defence that was not pleaded and for which the opposing party was not given a fair opportunity to respond.
Shimizu Corporation v Stargood Construction Pte Ltd [2020] SGCA 37
The SOPA does not create an independent right to progress payments or to serve payment claims after the termination of a construction contract if the contract itself does not provide for such rights.
AnAn Group (Singapore) Pte Ltd v VTB Bank (Public Joint Stock Company) [2020] SGCA 33
When a court is faced with a disputed debt or cross-claim subject to an arbitration agreement in a winding-up application, the prima facie standard of review applies, provided the dispute is not raised in abuse of process.