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Chen Song v Public Prosecutor and other appeals [2024] SGHC 129

The court held that the categories of harm in s 65 of the Road Traffic Act are discrete and mutually exclusive, and that the Prosecution has no discretion to reduce charges by invoking a punishment provision for a lower category of harm than that disclosed by the facts.

Sushant Shukla· ·13 min read
Singapore

Ang Yong Guan v Singapore Medical Council and another matter [2024] SGHC 126

A medical practitioner's departure from codified standards (such as MOH guidelines) is not automatically professional misconduct, but the practitioner bears the evidential burden to justify such departures on clear medical grounds, which requires an objective assessment of reason

Sushant Shukla· ·14 min read
Singapore

Palm Grove Beach Hotels Pvt Ltd v Hilton Worldwide Manage Ltd and another [2024] SGHC 125

The court held that an arbitral award will not be set aside for a failure to consider an issue unless the failure is a clear and virtually inescapable inference from the award, and the applicant demonstrates prejudice.

Sushant Shukla· ·15 min read
Singapore

Center for Competency-Based Learning and Development Pte Ltd v SkillsFuture Singapore Agency [2024] SGHC 121

The decision in Center for Competency-Based Learning and Development Pte Ltd v SkillsFuture Singapore Agency [2024] SGHC 121 represents a significant judicial examination of the intersection between statutory administrative discretion and private law contractual obligations. At i

Sushant Shukla· ·17 min read
Singapore

Peck Wee Boon Patrick and another v Lim Poh Goon and others [2024] SGHC 120

An offer to settle that contains a term requiring the discontinuance of an action is impotent and incapable of valid acceptance after the judgment of the first instance court has been issued, as the action is no longer legally possible to discontinue.

Sushant Shukla· ·14 min read
Singapore

Hilton International Manage (Maldives) Pvt Ltd v Sun Travels & Tours Pvt Ltd [2024] SGHC 119

A corporation and its officer are liable for contempt of court for intentional breach of a court order, and impecuniosity is not a defence if the corporation has sufficient assets to satisfy the judgment debt.

Sushant Shukla· ·13 min read
Singapore

Ascentury International Co Ltd v Viva Capital (SG) Pte Ltd [2024] SGHC 118

The court has statutory power under s 186(1) of the IRDA to terminate a winding up, and in exercising this discretion, the court must ensure the liquidator's interests, particularly regarding remuneration and disbursements, are adequately protected.

Sushant Shukla· ·13 min read
Singapore

Chia Vui Khen Jason v HR Easily Pte Ltd [2024] SGHC 116

A winding-up application should be dismissed if the company raises a substantial and bona fide dispute regarding the debt, or if the company demonstrates its ability to pay its debts after the statutory demand deadline.

Sushant Shukla· ·13 min read
Singapore

Natixis, Singapore Branch v Seshadri Rajagopalan and others and other matters [2024] SGHC 113

The issuance of an in rem writ in Singapore does not render a vessel 'subject to a security' within the meaning of s 100(2)(a) of the IRDA, nor does it render the claimant a creditor of the vessel owner under s 115 of the IRDA.

Sushant Shukla· ·15 min read
Singapore

Wan Sern Metal Industries Pte Ltd v Hua Tian Engineering Pte Ltd [2024] SGHC 112

The court affirmed the policy of minimal curial intervention in arbitration and held that a setting-aside application is not a guise for a rehearing of the merits.

Sushant Shukla· ·14 min read
Singapore

Wong Ben and others v The WatchFund Ltd and another [2024] SGHC 110

The court held that the plaintiffs failed to prove fraudulent or negligent misrepresentation due to lack of evidence of falsity and damage, but found the first defendant liable for breach of contract for failing to perform re-purchase obligations.

Sushant Shukla· ·15 min read
Singapore

TA Private Capital Security Agent Ltd and another v UD Trading Group Holding Pte Ltd and another [2024] SGHC 11

The court held that the guarantee in question was not an on-demand performance guarantee because the guarantor's liability was conditional upon the principal debtor's failure to perform, and the defences raised were unsustainable.

Sushant Shukla· ·14 min read
Singapore

Marchmont Pte Ltd v Campbell Hospitality Pte Ltd and others [2024] SGHC 108

A landlord's notice of breach under s 18(1) of the CLPA must provide sufficient particulars of the alleged breaches to enable the tenant to understand with reasonable certainty what is required to avoid forfeiture; a notice requiring rectification of all breaches 'whether or not

Sushant Shukla· ·14 min read
Singapore

Park Hotel CQ Pte Ltd (in liquidation) and others v Law Ching Hung and another suit [2024] SGHC 105

A creditor can only advance a counterclaim that amounts to a permissible set-off against an insolvent company without having to obtain leave of court under s 133(1) of the IRDA, and only insolvency set-off is a permissible form of set-off against an insolvent company.

Sushant Shukla· ·13 min read
Singapore

Silvester Selvan s/o Jeyaperagasam and others v Hilda Loe Associates Pte Ltd and others [2024] SGHC 104

The court held that a collective sale committee acts in good faith if it complies with statutory requirements and acts without want of probity, even if there are procedural missteps.

Sushant Shukla· ·15 min read
Singapore

Chen Qiming v Huttons Asia Pte Ltd and others [2024] SGHC 103

The court dismissed claims for fraudulent and negligent misrepresentation, breach of contract, and breach of statutory duty, finding that the plaintiff failed to prove the alleged representations were made or that they caused the pleaded losses, and that the Estate Agents Act doe

Sushant Shukla· ·13 min read
Singapore

East Coast Podiatry Centre Pte Ltd v Family Podiatry Centre Pte Ltd [2024] SGHC 102

The court held that the defendant's use of the claimant's trade mark in Google Ads did not constitute trade mark infringement or passing off, as the defendant's website, which was an integral part of the advertisement, dispelled any likelihood of confusion.

Sushant Shukla· ·14 min read
Singapore

Foo Yong Siang Victor v Tan Heng Khoon [2024] SGHC 101

The presumption of being a moneylender under s 3 of the Moneylenders Act 2008 is rebuttable by showing that the lender was not carrying on the business of moneylending, which requires evidence of system and continuity.

Sushant Shukla· ·13 min read
Singapore

Lim Chee Seng v Phang Yew Kiat [2024] SGHC 100

The court held that a total failure of consideration can be established even if a valid contract exists, provided the essential bargain has failed and the contract does not allocate the risk of such failure to the claimant.

Sushant Shukla· ·13 min read
Singapore

Shree Ramkrishna Exports Pvt Ltd v JG Jewelry Pte Ltd and another suit [2024] SGHC 10

The consolidated proceedings in Shree Ramkrishna Exports Pvt Ltd v JG Jewelry Pte Ltd and another suit [2024] SGHC 10 represent a significant judicial examination of the boundaries between informal commercial arrangements and legally binding joint ventures. The dispute arose from

Sushant Shukla· ·14 min read
Singapore

Towa Corp v ASM Technology Singapore Pte Ltd and another [2023] SGHC 99

The court assessed damages for patent infringement, determining that the measure of damages should be based on lost profits from sales of the plaintiff's machines, excluding unsold and post-expiry machines, and applying a year-on-year approach for profit calculation.

Sushant Shukla· ·13 min read
Singapore

Re Babel Holding Ltd and other matters [2023] SGHC 98

The court granted the extension of moratoria under s 64 of the IRDA, finding that the applicants had a substantial connection to Singapore and that the proposed scheme was not unworkable.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Low Sze Song and another [2023] SGHC 95

The court found that the chain of custody for the drug exhibits was intact and that the accused persons failed to rebut the presumptions of possession and knowledge under the Misuse of Drugs Act.

Sushant Shukla· ·15 min read
Singapore

Ahmad Danial bin Mohamed Rafa’ee v Public Prosecutor [2023] SGHC 94

The court held that the presumptive position is that a discharge not amounting to an acquittal (DNATA) should be ordered under s 232(2) of the CPC, and this presumption is stronger for serious offences. The court also observed that it may have inherent powers to grant a discharge

Sushant Shukla· ·15 min read