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Voltas Ltd v Ng Theng Swee and another [2023] SGHC 245

A director is not liable for conspiracy with their company unless they act in breach of their personal legal duties to the company.

Sushant Shukla· ·14 min read
Singapore

CXG and another v CXI and others [2023] SGHC 244

Forum non conveniens principles are irrelevant to the court's exercise of jurisdiction over an application to enforce a domestic interim measure in a Singapore-seated international arbitration under s 12(6) of the IAA.

Sushant Shukla· ·15 min read
Singapore

Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243

A principal is not attributed with the knowledge of an agent who has breached his fiduciary duty to the principal, particularly where the third party is complicit in the breach.

Sushant Shukla· ·13 min read
Singapore

Abcom Pte Ltd v TransAsia Private Capital Ltd and another [2023] SGHC 242

The court will enjoin a winding-up application only if the debt is disputed in good faith and on substantial grounds. The doctrine of frustration does not apply to excuse non-payment of loan instalments while the contract remains in force.

Sushant Shukla· ·12 min read
Singapore

Amber Compounding Pharmacy Pte Ltd and another v Lim Suk Ling Priscilla and others [2023] SGHC 241

A plaintiff in a claim for breach of confidence is entitled to plead and claim that both its wrongful gain interest and wrongful loss interest have been infringed, and the court may award both damages under the Coco approach and equitable damages under the I-Admin approach.

Sushant Shukla· ·15 min read
Singapore

Re Genesis Asia Pacific Pte Ltd (in its capacity as a foreign representative for Genesis Asia Pte Ltd) and another and other matters [2023] SGHC 240

A corporate entity can be recognised as a 'foreign representative' under the Model Law, and a debtor can be its own 'foreign representative'.

Sushant Shukla· ·12 min read
Singapore

Zhongshan Shengwang Electrical Appliance Co Ltd v Triple D Trading Pte Ltd [2023] SGHC 239

The court held that the plaintiff was the contracting party that sold and supplied the goods to the defendant, despite the involvement of a third-party export agent.

Sushant Shukla· ·15 min read
Singapore

Blomberg, Johan Daniel v Khan Zhi Yan [2023] SGHC 238

A substantive contractual consent order cannot be set aside ab initio unless there are recognised vitiating factors in contract law; the court has no residual discretion to set aside such orders to prevent injustice.

Sushant Shukla· ·13 min read
Singapore

CZO v CZP [2023] SGHC 237

The court held that a tribunal's failure to expressly address an argument does not constitute a breach of natural justice if the tribunal's reasoning, read in context, demonstrates that it applied its mind to the issue.

Sushant Shukla· ·12 min read
Singapore

Re Lemarc Agromond Pte Ltd [2023] SGHC 236

The court dismissed an application for a second extension of a moratorium under s 64(1) of the IRDA because the applicant failed to demonstrate significant progress in its restructuring efforts or provide a realistic timeline for a scheme of arrangement.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Tan Yew Kuan and another [2023] SGHC 235

The court held that the accused persons failed to rebut the presumption of knowledge under s 18(2) of the MDA and were guilty of trafficking in diamorphine.

Sushant Shukla· ·14 min read
Singapore

Re Logistics Construction Pte Ltd [2023] SGHC 231

A moratorium under s 64(1) of the IRDA should be granted where a company seeks protection from creditors to implement rehabilitative efforts, provided there is a reasonable prospect of the proposed scheme working.

Sushant Shukla· ·13 min read
Singapore

Tritech Water Technologies Pte Ltd and others v Duan Wei and another [2023] SGHC 23

The decision in Tritech Water Technologies Pte Ltd and others v Duan Wei and another [2023] SGHC 23 represents a significant exploration of the boundaries of employee loyalty, the rigours of the law of confidence, and the high evidentiary threshold required to sustain a claim in

Sushant Shukla· ·13 min read
Singapore

Koh Shu Cii Iris v Attorney-General [2023] SGHC 229

The court held that a Magistrate has judicial discretion under s 152(1) of the CPC to dismiss a complaint without further inquiry if the complaint discloses no offence, and that there is no statutory right of appeal against such a dismissal.

Sushant Shukla· ·13 min read
Singapore

Santoso Winoto v Suseno Winoto and another [2023] SGHC 228

The court has the inherent power to stay the implementation and distribution of an order for sale, but such discretion must be exercised on principled grounds, considering factors such as the existence of separate proceedings, prospects of success, and prejudice to the parties.

Sushant Shukla· ·15 min read
Singapore

Asian Eco Technology Pte Ltd v Deng Yiming [2023] SGHC 227 [2023] SGHC 260

The court granted summary judgment in favour of the claimant, finding that the defendant failed to raise a triable issue regarding the ownership and possession of diamond seeds and loose diamonds, and that the defendant's bare assertions of a loan were unsupported by evidence.

Sushant Shukla· ·15 min read
Singapore

Europ Assistance Holding SA v ONB Technologies Pte Ltd (ONB Holdings Pte Ltd, non-party) [2023] SGHC 226

A winding-up application will be dismissed where the claimant fails to prove the company is unable to pay its debts under the cash flow test, and where the underlying debt is subject to a valid arbitration agreement.

Sushant Shukla· ·11 min read
Singapore

Chang Peng Hong Clarence v Public Prosecutor and other appeals [2023] SGHC 225

The court clarified the interpretation of s 13(1) of the Prevention of Corruption Act, holding that it does not limit the court to a single global penalty order and that in-default sentences should be calibrated to ensure effective disgorgement of ill-gotten gains.

Sushant Shukla· ·15 min read
Singapore

Riviera Co, Ltd v Toshio Masui [2023] SGHC 223

The court will not allow an amendment to a defence at a late stage of proceedings if the proposed amendment is unsustainable, lacks bona fides, or is a piecemeal attempt to prolong litigation.

Sushant Shukla· ·15 min read
Singapore

Lim Oon Kuin and others v Rajah & Tann Singapore LLP and another matter [2023] SGHC 222

The court dismissed the applicants' appeals against the Assistant Registrar's decision to disallow amendments to originating summonses and to strike out the proceedings, holding that the applications constituted an abuse of process under the Henderson doctrine as the applicants h

Sushant Shukla· ·14 min read
Singapore

Foo Diana v Woo Mui Chan [2023] SGHC 221

The defendant is liable for defamation for statements made on the Law Society of Singapore's Google page and in a formal complaint to the Law Society, as the defences of justification and qualified privilege were defeated by the lack of truth and the presence of malice respective

Sushant Shukla· ·13 min read
Singapore

Winson Oil Trading Pte Ltd v Oversea-Chinese Banking Corp Ltd and another suit [2023] SGHC 220

The Fraud Exception to the autonomy of letters of credit is established where a beneficiary presents documents containing material representations of fact that they know to be untrue, or makes such representations without belief in their truth (including being reckless/indifferen

Sushant Shukla· ·15 min read
Singapore

Poongothai Kuppusamy v Huationg Contractor Pte Ltd & Other [2023] SGHC 215

The judgment in Poongothai Kuppusamy v Huationg Contractor Pte Ltd & Other [2023] SGHC 215 represents a comprehensive judicial exposition on the assessment of damages for catastrophic personal injuries, specifically focusing on the quantification of losses following a lower-l

Sushant Shukla· ·14 min read
Singapore

K Shanker Kumar v Nedumaran Muthukrishnan (Official Assignee, non-party) [2023] SGHC 214

The court has residual discretion under s 316(3)(e) of the IRDA to dismiss a bankruptcy application where there is sufficient cause, such as procedural injustice or miscommunication regarding the debtor's suitability for the Debt Repayment Scheme.

Sushant Shukla· ·15 min read