LITT
Try LITT free
PT Tenar Indoam Oil Services v Third Wave Group Ltd [2008] SGHC 18
The court ruled that existing Agency Agreements did not automatically extend to new products. Instead, a separate Commission Agreement, established through oral communication and conduct, determined commission rates based on ex-Singapore pricing.
Lai Swee Lin Linda v Attorney-General [2008] SGHC 17
A letter to a judge requesting further arguments is not a 'step or proceeding' for the purposes of automatic discontinuance under O 21 r 2(6) of the Rules of Court unless such a process is mandated by law.
United States Trading Co Pte Ltd v Ting Boon Aun and Another [2008] SGHC 15
A firm is liable under s 11(b) of the Partnership Act for the misapplication of money received in the course of its business, regardless of whether the other partners were aware of the fraud.
Law Society of Singapore v Rasif David [2008] SGHC 14
A solicitor who misappropriates client funds and fails to maintain proper accounting records in breach of the Solicitors' Accounts Rules will be struck off the roll for grossly improper conduct.
Hawley & Hazel Chemical Co (S) Pte Ltd v Szu Ming Trading Pte Ltd [2008] SGHC 13
Summary judgment should be granted to a plaintiff where the defendant has no defence to the claim, even if the defendant sets up a plausible counterclaim, with a stay of execution granted pending the trial of the counterclaim.
Lim Leong Huat v Chip Hup Hup Kee Construction Pte Ltd [2008] SGHC 12
This case clarifies that in summary judgment proceedings under Order 14, a defendant is barred from relying on affidavit evidence that contradicts their formal pleadings. The court held that consistency between pleadings and evidence is essential unless an amendment is granted.
Public Prosecutor v Mohamad Norhazri bin Mohd Faudzi [2008] SGHC 10
The court held that a first-time offender charged with multiple serious offences may be denied the status of a first-time offender for sentencing purposes, and that consecutive sentences for multiple offences are appropriate in serious cases.
Lee Seng Cheong and Others v Seah Bak Seng [2008] SGHC 1
In contracts for the sale and purchase of securities traded in a securities exchange, time is generally of the essence of the contract, and where time is of the essence, the failure to deliver shares by the agreed date constitutes a breach of condition entitling the purchaser to
Public Prosecutor v Kamal Bin Kupli and Others [2007] SGHC 98
The court held that when death is caused in furtherance of a common intention to rob, all participants are liable for murder under s 34 of the Penal Code, regardless of who inflicted the fatal injury.
Public Prosecutor v Toh Lam Seng [2007] SGHC 95
The court held that the accused was guilty of rape and imposed a sentence of 16 years imprisonment and 10 strokes of the cane, considering his antecedents and the lack of remorse.
Travista Development Pte Ltd v Tan Kim Swee Augustine and Others [2007] SGHC 94
A party obliged to use 'best endeavours' must take all reasonable steps a prudent and determined person would take to achieve the result. Failure to do so precludes reliance on contractual provisions contingent on that result.
MacarthurCook Property Investment Pte Ltd and Another v Khai Wah Development Pte Ltd [2007] SGHC 93
The court held that the Option terminated automatically on 31 January 2007 because the conditions precedent were not satisfied by the end of the Satisfaction Period, and that the respondent was also entitled to terminate the Option under cl 2.4(b) due to unsatisfactory conditions
Yeo Loo Keng and Another v Tan Yew Lee Kevin and Others [2007] SGHC 92
The court held that CPF moneys and imputed interest are not 'allowable deductions' under s 84A(8)(a) of the Land Titles (Strata) Act for the purpose of determining financial loss in a collective sale, and that the CPF charge is redeemed upon refund of net sale proceeds to the CPF
Re Jiangshan Investment Consortium Ltd (in liquidation) [2007] SGHC 91
A liquidator holds funds as an officer of the court and not as a debtor to the contributories; therefore, such funds cannot be garnished. Furthermore, a 'Deed of Waiver Release and Instruction' can serve as a valid instruction to a liquidator regarding the distribution of surplus
Liquidator of Leong Seng Hin Piling Pte Ltd v Chan Ah Lek and Others [2007] SGHC 9
The court held that for a claim of fraudulent trading under s 340(1) of the Companies Act, there must be a finding of subjective dishonesty on the part of the defendants, and that mere insolvency or preference of one creditor over another does not constitute fraudulent trading.
Sports Connection Pte Ltd v Deuter Sports Gmbh and Another [2007] SGHC 89
When a plaintiff amends pleadings to withdraw allegations against one co-defendant, the other co-defendant may be entitled to costs thrown away if they were reasonably incurred in preparing to defend against those allegations.
Du Zhao Di (Suing as Committee of the Person and Estate of Jiang Hui Ping) v Lee Chee Yian (Mayban General Assurance, intervener) [2007] SGHC 88
The court held that the two limbs of O 29 r 11(2) of the Rules of Court are disjunctive, and that an insurer cannot repudiate liability to a third party to avoid an interim payment order.
Koh Toi Choi v Lim Geok Hong and Another [2007] SGHC 87
A trial judge errs in law by striking out a defence at the trial stage when the defence is not obviously unsustainable, as this bypasses the basic rule that a plaintiff must prove its case and denies the defendant the right to test the plaintiff's case through cross-examination.
Public Prosecutor v Kwong Kok Hing [2007] SGHC 86
The court held that in sentencing for attempted culpable homicide not amounting to murder, the court must consider the specific facts of the case and the offender's mental state, rather than solely the potential danger of the act.
Gaelic Inns Pte Ltd v Patrick Lee PAC [2007] SGHC 13
An auditor is liable for losses caused by fraud if they negligently fail to detect the fraud and fail to warn the company's management, provided the loss is a direct consequence of the breach.
WestLB AG v Philippine National Bank & Others [2006] SGHC 234
A foreign state that takes a step in proceedings, such as applying for substantive relief, submits to the jurisdiction of the court and waives its state immunity.
Sim Lian (Newton) Pte Ltd v Gan Beng Cheng Raynes and Another [2007] SGHC 84
A registered proprietor of land under the Torrens system obtains immediate indefeasible title upon registration, which cannot be defeated by irregularities in the collective sale process unless the proprietor is a party to fraud, omission, or mistake as defined under the Land Tit
Law Society of Singapore v Tan Phuay Khiang [2007] SGHC 83
A solicitor owes a duty of unflinching loyalty to his client and must avoid actual or potential conflicts of interest, including those arising from referral relationships.
First DCS Pte Ltd v Chief Assessor and Another [2007] SGHC 82
The court held that machinery used for chilling water to 4°C qualifies for property tax exclusion under s 2(2) of the Property Tax Act as it constitutes 'altering' or 'adapting' an article for sale.