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Public Prosecutor v Chee Cheong Hin Constance [2006] SGHC 60

The court held that while the Hodgson criteria for life imprisonment were satisfied, a term of 10 years' imprisonment was appropriate given the accused's mental disorder and the availability of a support mechanism for her rehabilitation.

Sushant Shukla· ·13 min read
Singapore

Yap Jeffery Henry v Seow Timothy and Others [2006] SGHC 6

The court found that the directors of the Company conspired to defraud the plaintiff by liquidating the Company to avoid paying a judgment debt and by transferring assets to a new entity while concealing proceeds in a secret bank account.

Sushant Shukla· ·15 min read
Singapore

Ang Kin Chiew v Ang Boon Chye (trading as All Family Food Court and others) [2006] SGHC 59

The court held that the plaintiff was a nominee for his father (the eleventh defendant) in the various partnerships and had no real interest in them, and thus his claims were dismissed.

Sushant Shukla· ·15 min read
Singapore

Caterpillar Inc v Ong Eng Peng (formerly trading as Catplus International) [2006] SGHC 58

The court held that the defendant's use of the mark 'CATPLUS' in relation to construction equipment infringed the plaintiff's registered 'CAT' trade marks and constituted passing off, as there was a likelihood of confusion among the public.

Sushant Shukla· ·12 min read
Singapore

Abul Khabir Uddin Tohron Nisa v Public Prosecutor [2006] SGHC 57

The court held that bail should be reduced when the accused has no prior convictions and has already spent time in remand, balancing the dual purposes of bail (presumption of innocence and preventing absconding).

Sushant Shukla· ·13 min read
Singapore

Otech Pakistan Pvt Ltd v Clough Engineering Ltd and Another [2006] SGHC 55

A party is bound by its pleadings and a case must be decided on the issues raised on the record.

Sushant Shukla· ·13 min read
Singapore

Van Der Horst Engineering Pte Ltd v Rotol Singapore Ltd [2006] SGHC 53

A party may recover wasted pre-contractual expenditure as damages for breach of contract if such expenditure was within the reasonable contemplation of the parties as likely to be wasted if the contract was broken.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rohana [2006] SGHC 52

The court held that life imprisonment was not appropriate for a charge of culpable homicide not amounting to murder where the actions were not premeditated, despite the presence of aggravating factors.

Sushant Shukla· ·12 min read
Singapore

Rothmans of Pall Mall Limited v Maycolson International Ltd [2006] SGHC 51

Bad faith in trade mark registration is a distinct issue from confusing similarity, and an applicant has a positive duty to investigate the bona fides of a mark if circumstances suggest impropriety.

Sushant Shukla· ·12 min read
Singapore

LV v LW (divorce: ancillary matters) [2006] SGHC 50

The court held that lottery winnings are part of the matrimonial assets and that the respondent's attempt to conceal assets through a third party was improbable and rejected.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Lim Stephen [2006] SGHC 5

A solicitor who misappropriates client funds in a systematic fashion and breaches the trust of his client will be struck off the roll of advocates and solicitors.

Sushant Shukla· ·12 min read
Singapore

CHS CPO GmbH and Another v Vikas Goel and Others [2006] SGHC 49

The court held that an ex parte applicant for injunctive relief must show utmost good faith and disclose material facts fully and fairly, and that failure to draw such information to the court's attention constitutes material non-disclosure.

Sushant Shukla· ·12 min read
Singapore

Volkswagen Financial Services Singapore Ltd v Public Prosecutor [2006] SGHC 48

Forfeiture under s 4(1) of the Road Vehicles (Special Powers) Act is mandatory upon the fulfilment of the statutory preconditions, regardless of the innocence of the vehicle owner.

Sushant Shukla· ·12 min read
Singapore

Kunal Gobind Lalchandani and Another v LU [2006] SGHC 47

A director who misappropriates company funds and destroys company records breaches his fiduciary duties. A contract for restitution of misappropriated assets is not illegal under s 213 of the Penal Code.

Sushant Shukla· ·12 min read
Singapore

Mohd Aslam s/o Jahandad v Public Prosecutor [2006] SGHC 46

A conviction based on the uncorroborated evidence of a sole witness requires the trial judge to make a finding that the evidence is so compelling that a conviction can be secured by it alone.

Sushant Shukla· ·12 min read
Singapore

Er Kee Jeng v Public Prosecutor [2006] SGHC 45

The surrender of a certificate of insurance is not a precondition for the valid cancellation of an insurance policy under the Motor Vehicles (Third-Party Risks and Compensation) Act, and the insurer's statutory liability under s 9 does not render a cancelled policy 'in force' for

Sushant Shukla· ·14 min read
Singapore

EB v EC (divorce: maintenance of stepchildren) [2006] SGHC 44

The duty to maintain a child under s 70(1) of the Women's Charter applies to matrimonial proceedings under Part X, and the conjunction 'or' in s 70(1) should be read as 'and' such that the duty arises when neither biological parent maintains the child.

Sushant Shukla· ·14 min read
Singapore

Ng Huat Foundations Pte Ltd v Samwoh Resources Pte Ltd [2006] SGHC 43

An appeal against an arbitral award on a question of law is misconceived if it is premised on facts that were not found by the arbitrator, as the arbitrator is the master of the facts.

Sushant Shukla· ·14 min read
Singapore

Hong Guet Eng v Wu Wai Hong (liquidator of Xiang Man Lou Food Court Pte Ltd) [2006] SGHC 42

A loan made without any express provision as to repayment, or expressed to be repayable simply 'on demand', gives rise to a cause of action forthwith, and the limitation period begins to run from the date of the loan.

Sushant Shukla· ·13 min read
Singapore

Low Geok Khim (administratrix of the estate of Low Kim Tah, deceased) v Low Geok Bian and Others [2006] SGHC 41

The court held that the presumption of advancement applies to transfers between a father and child, and in the absence of evidence to the contrary, the moneys in the joint accounts vested in the surviving account holder.

Sushant Shukla· ·15 min read
Singapore

R Alagiyasolan v Public Prosecutor [2006] SGHC 40

An employer who fails to exercise due diligence in screening foreign workers cannot rely on ignorance of their immigration status as a defence.

Sushant Shukla· ·12 min read
Singapore

Pertamina Energy Trading Ltd v Credit Suisse [2006] SGHC 4

A bank is entitled to set off a loan against a customer's fixed deposit where the customer has authorised the drawdown and the bank has acted in accordance with the mandate and conditions of the account, and the customer is precluded from denying the loan if it fails to object to

Sushant Shukla· ·14 min read
Singapore

Peters Roger May v Pinder Lillian Gek Lian [2006] SGHC 39

The court held that Singapore was the most appropriate forum to determine the testator's domicile for probate purposes, as the testator had a real and substantial connection with Singapore and the respondent failed to show that England was a clearly more appropriate forum.

Sushant Shukla· ·14 min read
Singapore

Golden Village Multiplex Pte Ltd v Phoon Chiong Kit [2006] SGHC 38

A director of two companies in litigation against each other must remain neutral and avoid conflicts of interest, as they cannot serve two masters when interests conflict.

Sushant Shukla· ·15 min read