LITT
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Low Ah Cheow and Others v Ng Hock Guan (personally and as executor/trustee of the estate of Ng Teow Yhee, deceased) [2007] SGHC 200
The plaintiffs failed to prove the existence of a secret trust because they could not establish that the testator intended to impose a binding legal obligation on the defendant, rather than a moral one, and the evidence provided was unreliable.
Law Society of Singapore v Ravi Madasamy [2007] SGHC 20
Rude and discourteous behaviour to the Bench by an advocate and solicitor constitutes misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.
Chen Ter Cheng and Others v Po Chiak Keng (Tan Si Chong Su) and Others [2007] SGHC 2
The court will not interfere in the internal affairs of an association unless there is a breach of contract or fundamental legal issues, and discovery is only granted if relevant to a pending action.
Po Chiak Keng Tan Si Chong Su v Goh Joo Heng [2007] SGHC 195
The court held that the defendant was in breach of contract by failing to pay suppliers and by failing to account for donations, justifying the termination of the agreement.
Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd [2007] SGHC 194
The court held that the contract documents (Volumes I and II) were binding on the parties, and the plaintiff's claims based on oral representations contradicting these documents were rejected under the parol evidence rule.
T2 Networks Pte Ltd v Nasioncom Sdn Bhd [2007] SGHC 193
A settlement agreement must be sufficiently definite to be enforceable, and a clause in a commercial contract providing for payment of a sum upon termination may be a penalty if it is not a genuine pre-estimate of loss.
Tan Joy Hon and Others v Sassoon Samuel Bernard and Others [2007] SGHC 191
The Collective Sale Agreement (CSA) does not automatically terminate after 12 months if a contract for sale has been entered into; the sale committee's authority continues until the contract is performed or exhausted.
Ng Swee Lang and Another v Sassoon Samuel Bernard and Others [2007] SGHC 190
The court held that procedural requirements in the Land Titles (Strata) Act should be interpreted purposively, and that non-compliance does not automatically invalidate a collective sale order unless it causes prejudice or frustrates the legislative purpose.
Re Estate of Tan Kow Quee (alias Tan Kow Kwee) [2007] SGHC 19
A claim by a beneficiary against a personal representative may be barred by the doctrine of laches even if no statutory limitation period applies, where the delay is substantial and it would be unconscionable to enforce the claim.
Public Prosecutor v Yusry Shah bin Jamal [2007] SGHC 188
The court held that while rehabilitation is a dominant consideration for young offenders, it must be balanced against the need for deterrence, especially where the offence is serious and the offender has committed a further offence while on bail.
Public Prosecutor v Mohammad Al-Ansari bin Basri [2007] SGHC 187
This case examines the balance between rehabilitation and deterrence for young offenders. While rehabilitation is the primary focus, serious crimes may still warrant custodial sentences to serve as a deterrent. The court emphasizes that probation is not an automatic right.
VB v VC [2007] SGHC 186
The decision in [2007] SGHC 186 represents a significant judicial exercise of the "broad brush" approach in the division of matrimonial assets and the determination of maintenance within the context of an acrimonious divorce. The proceedings involved VB (the Petitioner/Wife) and
Ng Gino Ernest v Triathlon Association of Singapore [2007] SGHC 183
The court granted leave to apply for judicial review of the respondent's selection decision, finding that the applicant had made out a case requiring a response regarding potential breaches of natural justice.
Ong Chay Tong & Sons (Pte) Ltd v Ong Hoo Eng and Another [2007] SGHC 182
A right of first refusal is a caveatable interest, but it can be extinguished by a subsequent board resolution that replaces the original terms of the right.
Blenwel Agencies Pte Ltd v Tan Lee King [2007] SGHC 181
There should be no leave to appeal against an order refusing leave to appeal to ensure finality in matters and prevent excessive litigation.
Public Prosecutor v Norezam bin Mohsin and Others [2007] SGHC 180
Parity in sentencing between cases of broadly similar facts is desirable but not an overriding principle, and personal circumstances of each accused must be considered.
Colliers International (Singapore) Pte Ltd v Senkee Logistics Pte Ltd [2007] SGHC 18
An agent is not entitled to commission unless their services were the effective cause of the transaction, and a contractual relationship must be established.
Susilawati v American Express Bank Ltd [2007] SGHC 179
A bank does not owe a fiduciary duty to a customer in a suretyship transaction unless there is evidence of overreaching or conflict of interest, and the presumption of undue influence does not arise simply from a relationship of trust and confidence without evidence of ascendancy
Public Prosecutor v Mohamed Fadzli bin Abdul Rahim [2007] SGHC 177
The court held that in sentencing for multiple rape and robbery offences, the totality principle and the one-transaction principle apply to ensure the overall sentence is not crushing while reflecting the gravity of the offences.
Viking Airtech Pte Ltd v Foo Teow Keng and Another [2007] SGHC 176
A director who diverts business opportunities from their company to a competing company in which they have an interest acts in breach of their fiduciary duties.
Metro Alliance Holdings & Equities Corp v WestLB AG [2007] SGHC 175
The court held that the assignment of assets was not a condition precedent to the payment of the balance purchase price, and that the defendant was entitled to forfeit the deposit upon the plaintiff's failure to pay by the settlement date.
Siow Doreen and Others v Lo Pui Sang and others (Horizon Partners Pte Ltd, first intervener, and Reghenzani Claude Augustus and others, second interveners) [2007] SGHC 174
The High Court held that the Strata Titles Board has the power to allow amendments to an application for an en bloc sale to correct defects, and that it should not dismiss an application on the basis of a defect without hearing the merits if the defect is not material.
UOL Development (Novena) Pte Ltd v Commissioner of Stamp Duties [2007] SGHC 173
Stamp duty on an en bloc sale is assessed on the global purchase price as a single transaction, regardless of the number of individual letters of acceptance.
AmBank (M) Berhad v Raymond Yong Kim Yoong [2007] SGHC 172
For debts incurred outside Singapore, a bankruptcy application requires a judgment that is enforceable by execution in Singapore; if leave of court is required to enforce the judgment, it must be obtained before the bankruptcy application can be presented.