LITT
Try LITT free
Ho Soo Fong and Another v Standard Chartered Bank [2006] SGHC 90
The court held that for a caveatee to be liable for damages under s 128(1) of the Land Titles Act, the loss must be reasonably foreseeable, and the court will not hold a defendant responsible for losses attributable to the claimant's own impecuniosity.
Public Prosecutor v MY [2006] SGHC 89
The court held that penetration is a requisite element of rape, and in the absence of evidence of penetration or an attempt to penetrate, the charge of attempted rape was not made out.
TCL Industries (Malaysia) Sdn Bhd v ICC Chemical Corp [2006] SGHC 88
A party claiming force majeure must prove that the failure to perform was beyond its reasonable control and not attributable to its own negligence; a short-selling of goods does not constitute force majeure.
Leun Wah Electric Co (Pte) Ltd (in liquidation) v Sigma Cable Co (Pte) Ltd [2006] SGHC 86
The court held that the assignment of a debt to a creditor in lieu of cash payment was supported by good consideration and did not constitute an unfair preference or a transaction at an undervalue, as the company acted in good faith to carry on its business.
Cosmic Insurance Corp Ltd v United Oil Co Pte Ltd [2006] SGHC 85
Hospital expenses paid by an employer under s 14(3) of the Workmen's Compensation Act do not constitute 'compensation' under the Act, and therefore an insurer is not entitled to be indemnified for such expenses under s 18(b) of the Act.
Lee Pauline Bradnam v Lee Thien Terh George [2006] SGHC 84
Periodic maintenance orders are not registrable under the Reciprocal Enforcement of Commonwealth Judgments Act (RECJA) because they are not final and conclusive judgments for a defined sum payable immediately.
Lim Ngeok Yuen v Lim Soon Heng Victor [2006] SGHC 83
The court held that in dividing matrimonial assets, the court must consider the marriage as a whole, including both financial and non-financial contributions, rather than focusing solely on financial contributions to specific assets.
Wishing Star Ltd v Jurong Town Corp [2006] SGHC 82
The court held that an amendment to pleadings should be allowed if it does not cause prejudice to the opposing party that cannot be compensated by costs, even if the application is late.
Public Prosecutor v Leong Siew Chor [2006] SGHC 81
Exception 5 to s 300 of the Penal Code (consent to death) must be construed strictly and requires unequivocal and unconditional consent, which was not present in this case.
Candid Water Cooler Pte Ltd v United Overseas Bank Ltd [2006] SGHC 80
The court held that the parties were bound by their agreement that 19 July 2005 was the contractual completion date, regardless of whether the Consent Letter constituted JTC's approval.
C & P Holdings Pte Ltd v Witco Industries Pte Ltd [2006] SGHC 8
The court held that the plaintiff was in breach of contract for failing to make payment, and dismissed the plaintiff's claim while allowing the defendant's counterclaim for the balance due.
Chong Hwa Wee (by his Committee of Person and Estate, Chong Hwa Yin) v Estate of Loh Hon Fock, deceased [2006] SGHC 79
The court held that damages for pain and suffering are distinct from damages for future care, and that an appellate court will only interfere with an award of damages when it is convinced the trial judge acted upon a wrong principle of law or the amount is manifestly erroneous.
Aloe Vera of America, Inc v Asianic Food (S) Pte Ltd and Another [2006] SGHC 78
The court held that the enforcement process for a foreign arbitral award under the International Arbitration Act is mechanistic, and the court should not re-examine the merits of the arbitral tribunal's findings on jurisdiction unless a ground under s 31(2) of the Act is establis
Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [2006] SGHC 74
A court will not generally restrain the presentation of a winding-up petition based on an undisputed debt, even if the debtor has a cross-claim, if the debtor has agreed to look to specific security (like an escrow account) for such claims and that security is sufficient.
Tesa Tape Asia Pacific Pte Ltd v Wing Seng Logistics Pte Ltd [2006] SGHC 73
The defendant, as a container depot operator, owed a duty of care to its neighbour to exercise reasonable care in stacking containers to avoid foreseeable harm. The collapse of containers constituted an escape under the rule in Rylands v Fletcher, and the defendant was liable in
Aspinden Holdings Ltd v Chief Assessor and Comptroller of Property Tax [2006] SGHC 72
The Chief Assessor has the power to amalgamate strata lots into a single property tax account for valuation purposes if they are physically and functionally used as an integral unit, consistent with the rebus sic stantibus principle.
GYC Financial Planning Pte Ltd and Another v Prudential Assurance Company Singapore (Pte) Ltd [2006] SGHC 71
The court held that the termination of the Corporate Manager Agreement was valid as the defendant gave sufficient notice and had good reason due to the Financial Advisers Act prohibiting corporate entities from acting as representatives of exempt financial advisers. Furthermore,
Rickshaw Investments Ltd and Another v Nicolai Baron Von Uexkull [2006] SGHC 70
The court held that the jurisdiction clause in the agreement did not confer exclusive jurisdiction on German courts, but stayed the Singapore action on the basis that Germany was the more appropriate forum.
Dextra Asia Co Ltd and Another v Mariwu Industrial Co (S) Pte Ltd and Another Suit [2006] SGHC 7
A patent for a manufacturing process involving cold forging of rebars is valid and inventive where it overcomes known technical limitations and achieves a significant advance in the industry.
Law Society of Singapore v Sivakolunthu Thirunavukarasu [2006] SGHC 68
An advocate and solicitor who engages in forgery and fraud to mortgage clients' property for personal benefit and misapplies clients' monies will be struck off the roll.
Public Prosecutor v MX [2006] SGHC 67
The court held that in cases of multiple sexual offences against children, the totality principle requires consecutive sentencing to reflect the gravity of the offences and the number of victims.
Public Prosecutor v G Krishnasamy Naidu [2006] SGHC 64
The court rejected the defence of diminished responsibility, finding that while the accused suffered from morbid jealousy, it did not substantially impair his mental responsibility for the act of killing.
Yongnam Engineering & Constructions (Pte) Ltd and Another v Yeo Wee Kiong and Others [2006] SGHC 62
The court held that solicitors are not negligent for failing to warn a client of the risks of a transaction where the client was an experienced businessman who had been advised of the existence of a paramount mortgage and the necessity of its discharge, and where the client chose
Ang Swee Koon v Pang Tim Fook Paul [2006] SGHC 61
The court held that for the purposes of s 21(1) of the Supreme Court of Judicature Act, the 'amount in dispute in the appeal' is the correct test to determine whether leave to appeal is required.