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AYY v AYZ and another [2015] SGHCR 22

A stay of arbitration under section 10(9)(a) of the International Arbitration Act will generally be ordered if an applicant demonstrates that a refusal of stay would result in detriment that cannot be adequately restituted by a costs order.

Sushant Shukla· ·12 min read
Singapore

Newcon Builders Pte Ltd v Sino New Steel Pte Ltd [2015] SGHCR 13

The High Court's supervisory jurisdiction in setting aside an adjudication determination is limited to ensuring the adjudicator was validly appointed and that the process adhered to mandatory statutory requirements; it does not extend to reviewing the merits of the adjudicator's

Sushant Shukla· ·14 min read
Singapore

Sivakami d/o Sivanantham v Attorney-General [2012] SGHCR 5

The decision in Sivakami d/o Sivanantham v Attorney-General [2012] SGHCR 5 represents a significant judicial examination of the intersection between a plaintiff’s duty to mitigate loss and the subjective psychological barriers that may impede that duty. The case arose from a pers

Sushant Shukla· ·14 min read
Singapore

DMX TECHNOLOGIES GROUP LTD (IN LIQUIDATION) v DELOITTE & TOUCHE LLP

The court held that a party providing discovery must list documents individually unless it can justify the use of bundles, and that the description of bundles must be sufficient to enable identification. The court also held that an unless order is a measure of last resort.

Sushant Shukla· ·14 min read
Singapore

ERMGASSEN & CO LIMITED v SIXCAP FINANCIALS PTE LIMITED

The court held that the Enforcement Application for a foreign judgment under the Choice of Court Agreements Act was satisfied, as the judgment fell within the scope of the Act and the Plaintiff had sufficiently corroborated its claim.

Sushant Shukla· ·14 min read
Singapore

OVERSEA-CHINESE BANKING CORPORATION LIMITED v SALIM BIN SAID

Order 46 r 2(1)(a) of the Rules of Court is a procedural rule for monitoring enforcement of judgments after six years, not a substantive limitation period. Leave to issue execution is discretionary and requires the judgment creditor to provide cogent reasons for delay.

Sushant Shukla· ·14 min read
Singapore

AYY v AYZ and another

A stay of arbitration under section 10(9)(a) of the International Arbitration Act will generally be ordered if an applicant demonstrates that a refusal of stay would result in detriment that could not be adequately restituted by a costs order.

Sushant Shukla· ·13 min read
Singapore

Louis Vuitton Malletier v Cuffz (Singapore) Pte Ltd

The court awarded $35,000 in statutory damages for trade mark infringement under section 31(5)(c) of the Trade Mark Act, considering factors such as flagrancy, deterrence, and the defendant's uncooperative conduct.

Sushant Shukla· ·14 min read
Singapore

The "Genius Star II"

Non-disclosure of material facts in an ex parte application for a warrant of arrest is an independent ground for setting aside the warrant. The test for materiality is objective, requiring the applicant to disclose facts that the court might deem relevant, not just what the appli

Sushant Shukla· ·16 min read
Singapore

Piong Michelle Lucia v Lau Kee Swan

The court has no jurisdiction to order security for costs under O 23 r 1(1)(a) of the Rules of Court if the applicant fails to prove on the balance of probabilities that the plaintiff is ordinarily resident out of the jurisdiction.

Sushant Shukla· ·13 min read
Singapore

Shepherdson, Terence Christopher v Singapore Recreation Club [2019] SGHCR 5

Damages for wrongful suspension of club membership are contractual in nature. The court adopts a broad-brush approach to quantify damages for deprivation of membership rights and privileges, and a three-step framework to quantify damages for mental distress.

Sushant Shukla· ·13 min read
Singapore

HRA Corp (SG) Pte Ltd v Cheng Mun Yip Marcus and others [2018] SGHCR 7

The court dismissed an application for interim payment under O 29 r 10 of the Rules of Court because the plaintiff failed to establish the requirements for interim payment, particularly given the existence of a disputed counterclaim (the Bad Debts Agreement) that could potentiall

Sushant Shukla· ·14 min read
Singapore

Bauer, Adam Godfrey and another v Wee Tien Liang, deceased [2021] SGHCR 8

The court exercised its inherent powers under O 92 r 4 of the Rules of Court to proceed with an assessment of damages hearing in the absence of a deceased defendant where no personal representative had been appointed.

Sushant Shukla· ·14 min read
Singapore

MANAGEMENT CORPORATION STRATA TITLE PLAN NO. 4348 v HOI HUP SUNWAY PASIR RIS PTE. LTD. & 14 Ors

The court dismissed an application for extension of time to file for summary determination of a question of law, finding that the applicant failed to show good cause for a three-year delay and did not proceed with diligence.

Sushant Shukla· ·15 min read
Singapore

SREE RAM CONSTRUCTION PTE LTD v GREEN TAG SCAFFOLDING PTE LTD & Anor

The Rules of Court 2021 do not mandate that a defendant must bring all claims against a claimant as a counterclaim in the existing action; the rules enable but do not compel a defendant to bring a counterclaim.

Sushant Shukla· ·14 min read
Singapore

UBS SWITZERLAND AG v KOCH SHIPPING PTE LTD & Anor

The court granted a stay of proceedings on the ground of forum non conveniens, finding that Switzerland was the clearly more appropriate forum for the dispute, as the key witnesses were resident there and Swiss law governed the underlying security agreements.

Sushant Shukla· ·15 min read
Singapore

TAJUDIN BIN GULAM RASUL & Anor v SURIAYA BINTE HAJA MOHIDEEN

The court has the inherent power to impose personal costs on advocates and solicitors who cite fictitious AI-generated authorities, based on a three-stage test assessing improper conduct, unnecessary costs, and just compensation.

Sushant Shukla· ·16 min read
Singapore

ORO NEGRO DRILLING PTE. LTD. & 5 Ors v INTEGRADORA DE SERVICIOS PETROLEROS ORO NEGRO, S.A.P.I. DE C.V. & 6 Ors

An 'unless' order is warranted when a party intentionally fails to comply with court-ordered interrogatories, particularly when the failure prejudices the fair trial of the proceedings and the justifications offered are collateral attacks on prior court decisions.

Sushant Shukla· ·13 min read
Singapore

MITSUI E&S POWER SYSTEMS INC V NEPTUN INTERNATIONAL PTE LTD & ANOR

The CAD Order issued under s 35(2)(b) of the CPC does not extinguish the debt owed by a financial institution to an account holder, but merely prohibits the disposal of or dealings with the property. Therefore, the monies in the account remain attachable by a judgment creditor, s

Sushant Shukla· ·13 min read
Singapore

ZHANG XIN v LIU YINGKUI

A non-party may be permitted to participate in civil proceedings as an 'intervener' with the court's permission, even in the absence of express rules, where their interests are directly impacted by the court's rulings.

Sushant Shukla· ·14 min read