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Singapore

Seiko Epson Corp v Sepoms Technology Pte Ltd and Another [2007] SGHC 81

The court held that a consent judgment for patent infringement is interlocutory in nature, and the defendant is not estopped from raising the defence of innocent infringement under s 69(1) of the Patents Act during the subsequent inquiry for the assessment of profits.

Sushant Shukla· ·16 min read
Singapore

Seah Boon Lock and Another v Family Food Court [2007] SGHC 80

An agent of an undisclosed principal may sue a third party for breach of contract in a representative capacity, and the identity of the undisclosed principal need not be disclosed at trial.

Sushant Shukla· ·12 min read
Singapore

QZ v QY [2007] SGHC 79

Where there is a conflict of evidence in relation to crucial issues such as the amount of assets owned by one party or his income, the court ought to have resolved the matter by way of a trial.

Sushant Shukla· ·13 min read
Singapore

TT v TU [2007] SGHC 78

The court drew an adverse inference against the Husband for his lack of candour and dishonesty in disclosing assets, and awarded the Wife 40% of the Husband's known assets to achieve a clean break.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Tan Chor Jin [2007] SGHC 77

The accused was found guilty of using an arm under the Arms Offences Act, with the court rejecting his defences of intoxication, accident, and private defence.

Sushant Shukla· ·13 min read
Singapore

Perwira Affin Bank Berhad (formerly known as Perwira Habib Bank Malaysia Berhad) v Lee Hai Pey and Another [2007] SGHC 76

The court held that a stay of proceedings on a registration order does not invalidate the registration itself, and once the underlying foreign appeal process is exhausted, it is just and convenient to allow the judgment to be enforced.

Sushant Shukla· ·12 min read
Singapore

Komoco Motors Pte Ltd v Registrar of Vehicles and another [2007] SGHC 74

The Registrar of Vehicles fettered her discretion by adopting a policy of blindly following Customs' valuation of motor vehicles without exercising an independent mind, particularly when exceptional circumstances were raised.

Sushant Shukla· ·13 min read
Singapore

The "Sin Chuen No 112" (Union Bank of Taiwan and others, interveners) [2007] SGHC 72

The court held that an intervener in an action in rem cannot seek summary judgment against the plaintiff on the plaintiff's own claim, but may apply to strike out the claim under O 18 r 19 of the Rules of Court if the claim is frivolous, vexatious, or an abuse of process.

Sushant Shukla· ·14 min read
Singapore

Tullett Prebon (Singapore) Ltd and Others v Spring Mark Geoffrey and Another [2007] SGHC 71

The court held that there is no 'newspaper rule' in Singapore that prevents a journalist from being compelled to disclose their source in interrogatories, provided the information is relevant to the issues at trial.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Teo Cheow Kim [2007] SGHC 70

The court found that the prosecution had proven its case beyond reasonable doubt, rejecting the accused's arguments regarding inconsistencies in statements and potential drug mix-ups.

Sushant Shukla· ·12 min read
Singapore

Re Shankar Alan s/o Anant Kulkarni and Another Application [2007] SGHC 68

The High Court has the inherent power to order costs in proceedings where a Disciplinary Committee's findings have been quashed, even if the Disciplinary Committee itself lacks the statutory power to award costs against itself.

Sushant Shukla· ·16 min read
Singapore

Tipper Corp Pte Ltd v JTC Corporation [2007] SGHC 67

A claim for negligent misrepresentation fails if the alleged representation is a statement of future intention rather than existing fact, and if the representee fails to prove the representation was made.

Sushant Shukla· ·14 min read
Singapore

Re Wee Soon Kim Anthony [2007] SGHC 66

A High Court judge has no jurisdiction to set aside the judgment of another High Court judge; such allegations must be raised before a superior court.

Sushant Shukla· ·14 min read
Singapore

Lee Kuan Tat v Public Prosecutor [2007] SGHC 65

The court held that the appellant, as the initiator and financier of an illegal moneylending operation, deserved a heavier sentence than his co-accused, and that a 40-month default imprisonment sentence for fines totaling $300,000 was justified given the appellant's criminal ante

Sushant Shukla· ·13 min read
Singapore

NCC International AB v Alliance Concrete Singapore Pte Ltd [2007] SGHC 64

The court will not grant an interlocutory mandatory injunction where the plaintiff has failed to demonstrate a need for urgent intervention and has bypassed the agreed dispute resolution process.

Sushant Shukla· ·13 min read
Singapore

Fernandez Joseph Ferdinent v Public Prosecutor [2007] SGHC 60

The duty to stop after an accident under s 84(1) of the Road Traffic Act is an immediate duty that must be performed voluntarily; stopping under coercion does not satisfy the duty. Furthermore, the offence of failing to render assistance is complete the moment the driver drives o

Sushant Shukla· ·12 min read
Singapore

Murakami Takako v Wiryadi Louise Maria and Others [2007] SGHC 6

A foreign judgment in rem is not subject to the 6-year limitation period under the Limitation Act. Furthermore, foreign courts have jurisdiction to determine the succession to movables wherever situated of a testator dying domiciled in that country, and such adjudication is bindi

Sushant Shukla· ·14 min read
Singapore

Weir Warman Ltd v Research & Development Pty Ltd [2007] SGHC 59

The court held that where parties have concurrent contractual rights to use a trade mark in non-exclusive territories, they also have concurrent implied rights to register and protect that mark. The absence of manufacturing rights in the place of registration does not preclude th

Sushant Shukla· ·13 min read
Singapore

Lock Han Chng Jonathan (Jonathan Luo Hancheng) v Goh Jessiline [2007] SGHC 58

A district judge sitting as a Settlement Judge in a Court Dispute Resolution (CDR) conference does not have the jurisdiction or judicial power to issue an order of court or consent judgment, as the CDR conference is not a court proceeding.

Sushant Shukla· ·15 min read
Singapore

Gobi Nadhan a/l Balakrishnan v Tan Chin Sian [2007] SGHC 57

The court apportioned liability for a traffic accident, finding the defendant liable but attributing 15% contributory negligence to the plaintiff.

Sushant Shukla· ·11 min read
Singapore

Kwek Peck Ying v Loh Kwang Chay (Chen Hui Jie, Third Party) [2007] SGHC 56

The court found the defendant wholly liable for a traffic accident after rejecting his testimony and evidence of his guilty plea to dangerous driving.

Sushant Shukla· ·13 min read
Singapore

Comboni Vincenzo and Another v Shankar's Emporium (Pte) Ltd [2007] SGHC 55

A recipient of funds is not liable as a constructive trustee for knowing receipt unless their conscience is affected by knowledge of the fraud or breach of trust, and the Baden categories of knowledge are not a substitute for the test of unconscionability.

Sushant Shukla· ·15 min read
Singapore

Sakthivel Punithavathi v Public Prosecutor [2007] SGHC 54

The appellate court set aside the conviction because the trial judge failed to properly evaluate the evidence, specifically by relying on demeanour rather than objective facts and by failing to address inconsistencies in the complainant's testimony.

Sushant Shukla· ·12 min read
Singapore

Oversea-Chinese Banking Corporation Ltd v Lulla-Motion (S) Pte Ltd [2007] SGHC 53

The court held that there was no reason to set aside orders made in the absence of the defendants where the defendants' absence was not caused by the plaintiff's conduct.

Sushant Shukla· ·12 min read