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Credit Suisse v Lim Soon Fang Bryan [2007] SGHC 52
The court held that an order for a letter of request to examine witnesses abroad is a matter of judicial discretion, and the overarching question is whether the order is necessary for the purposes of justice. Cross-interrogatories are a form of cross-examination within the meanin
Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd [2007] SGHC 51
The court held that the further evidence did not establish that the Bartec patent was invalid due to prior use, as the alleged admissions were merely commercial bluffs made during royalty negotiations.
Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50
The judgment in Asia Hotel Investments Ltd v Starwood Asia Pacific Management Pte Ltd and Another [2007] SGHC 50 constitutes a seminal exploration of the "loss of chance" doctrine within the Singapore legal landscape, specifically concerning the assessment of damages following a
GIB Automation Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2007] SGHC 48
The court held that a 'back-to-back' provision in a construction sub-contract does not automatically incorporate all terms of the main contract, and that a party terminating a contract based on its own erroneous interpretation of such terms does so at its own peril.
Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik [2007] SGHC 47
The court held that the admission of a statement (P73) did not provide sufficient evidence to alter the previous conviction and acquittal findings, as the statement did not resolve doubts regarding the complainant's evidence.
LF Construction Pte Ltd v Yeo Pia Thian (trading as System Aluminium Works) [2007] SGHC 45
A formal contract entered into after work has begun can have retrospective and prospective contractual effect, and in the absence of fraud or misrepresentation, a party is bound by a signed document regardless of whether they read it.
Abdul Salam Asanaru Pillai (trading as South Kerala Cashew Exporters) v Nomanbhoy & Sons Pte Ltd [2007] SGHC 42
Equitable set-off requires a close and inseparable connection between claims, which is not established merely by a long-standing commercial relationship or the fact that goods were shipped on the same vessel.
Mitsui OSK Lines Ltd v Samudera Shipping Line Ltd [2007] SGHC 41
The court has the power to stay proceedings in the High Court to prevent a multiplicity of actions, even where s 6 of the Arbitration Act does not apply because the plaintiff in the court action is not a party to the arbitration agreement.
Public Prosecutor v Lee Chez Kee [2007] SGHC 4
The court held that out-of-court confessions of a co-accused not party to the proceedings are admissible under s 378(1)(b)(i) of the Criminal Procedure Code, provided the requirement of voluntariness is met.
S Y Technology Inc v Pacific Recreation Pte Ltd [2007] SGHC 39
A deed of indemnity is a primary obligation and is not dependent on the validity of the underlying contract, especially when the deed is governed by a system of law that recognises the concept of indemnity.
Ngiam Kong Seng and Another v CityCab Pte Ltd and Another [2007] SGHC 38
The court dismissed the plaintiffs' claims for personal injuries and psychiatric trauma, finding that the accident was caused by the first plaintiff's own negligence and that the second plaintiff's claim for psychiatric injury was too remote.
Law Society of Singapore v Tan Sok Ling [2007] SGHC 37
A solicitor who commits breaches of the Solicitors' Accounts Rules due to gross inefficiency rather than dishonesty may be suspended from practice rather than struck off, provided no client loss occurred.
Sysma Construction Pte Ltd v EK Developments Pte Ltd [2007] SGHC 36
The court held that where a voluntary winding up has commenced, a compulsory winding up order will not be granted unless there is a good reason to override the wishes of the majority of creditors.
Law Society of Singapore v Seah Li Ming Edwin and Another [2007] SGHC 35
Lawyers who act in conflict of interests and enable unauthorised persons to perform legal work are liable to suspension from practice, even in the absence of dishonesty, to protect public interest and maintain professional standards.
Public Prosecutor v Law Aik Meng [2007] SGHC 33
Deterrence is the primary sentencing consideration for sophisticated, syndicated ATM fraud, and consecutive sentences are appropriate for multiple distinct offences to reflect the gravity of the criminal enterprise.
Management Corporation of Grange Heights Strata Title No 301 v Lee Tat Development Pte Ltd [2007] SGHC 32
This case affirms that the owner of a dominant tenement is entitled to repair and maintain a right of way at their own expense. This legal right extends beyond simple maintenance to include making necessary improvements to the access path.
Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd and Others [2007] SGHC 30
The court held that capitalised interest payments do not constitute an actual loss recoverable as damages for breach of contract, as they are an accounting procedure rather than a change in the nature of the interest to capital.
Management Corporation Strata Title Plan No 2297 v Seasons Park Ltd [2007] SGHC 28
The court held that the parties had reached a settlement to discontinue the action on the basis of the defendant's costs for the preliminary issues and the appeal, but not the costs of the main action.
Rabiah Bee Bte Mohamed Ibrahim v Salem Ibrahim [2007] SGHC 27
The court held that the relationship between the siblings was a partnership because the venture involved a series of property transactions over an indefinite period with defined roles, rather than a single isolated transaction.
Lee Kok Yong v Lee Guek Hua (alias Li Yuehua) [2007] SGHC 26
An order for the division of matrimonial property is generally a one-off order and not of a continuing nature, and therefore cannot be varied under s 112(4) of the Women's Charter unless it is a continuing order as specified in s 112(5).
Ng Hock Heng v Looi Kok Poh and Another [2007] SGHC 25
The court held that a workman is not precluded by s 18(a) of the Workmen's Compensation Act from claiming damages against a doctor or hospital for injuries caused by negligent medical treatment, as such injuries do not arise out of and in the course of employment.
Lee Hsien Loong v Review Publishing Co Ltd and Another and Another Suit [2007] SGHC 24
The court held that the burden of proving that service of process was effected in an appropriate manner lies with the plaintiff seeking to serve out of jurisdiction, and that the Treaty on Judicial Assistance between Singapore and the PRC does not extend to Hong Kong.
Public Prosecutor v Fernando Payagala Waduge Malitha Kumar [2007] SGHC 23
Credit card offences warrant deterrent sentences, with the starting point for non-syndicated stolen/misappropriated credit card offences being 12 to 18 months' imprisonment.
City Developments Ltd v Chief Assessor [2007] SGHC 227
The Chief Assessor has wide discretion under s 2(3) of the Property Tax Act to assess annual value based on 5% of the estimated land value for redevelopment sites, provided the discretion is exercised fairly and based on relevant factors.