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HG Metal Manufacturing Ltd v Nam Tat Hardware Co (a firm) [2006] SGHC 37
A contract is not terminated by a party's expression of frustration or statement that the contract is 'useless' unless it clearly and unequivocally conveys an intention to treat the contract as at an end.
The "Mezen" [2006] SGHC 35
The court held that 'goods carried in a ship' under section 3(1)(g) of the High Court (Admiralty Jurisdiction) Act refers only to goods carried as cargo, meaning items transported for the purpose of being conveyed from one place to another.
Sheares Betty Hang Kiu v Chow Kwok Chi and Others [2006] SGHC 34
A completely constituted trust is immediately binding upon the settlor and his personal representatives unless a power of revocation has been expressly reserved, and the acid test for whether an instrument is testamentary is whether it is revocable.
Fornet Enterprise Co Ltd v Howell Universal Pte Ltd and Others [2006] SGHC 33
The court held that the plaintiff failed to prove the existence of a mercantile agency relationship or that the defendants breached any agreement, and that the conspiracy claim was not proven.
Siah Eng Hock v Tan Cheng Huat and Another [2006] SGHC 32
The court found the plaintiff solely liable for the accident due to overwhelming objective evidence contradicting his testimony, including the location of the collision on the bus and the testimony of an independent witness.
Jenton Overseas Investment Pte Ltd v Townsing Henry George [2006] SGHC 31
A director breaches fiduciary duties by acting in the interests of a third party (Normandy) rather than the company (NQF) and by unilaterally transferring company funds to satisfy a debt that was not clearly owed by the company.
The Global 1 [2006] SGHC 30
An in rem action, once commenced, continues as such unless altered by amendment, but if the defendant enters an appearance, the action proceeds as both an in rem and in personam action. If the in rem jurisdiction was never properly invoked, the court may allow an amendment to the
Forefront Medical Technology (Pte) Ltd v Modern-Pak Pte Ltd [2006] SGHC 3
The court held that the defendant had discharged its contractual obligations regarding material suitability by providing the required Certificates of Analysis from the specified supplier, May Polyester Films Sdn Bhd.
Wah Heng Glass Holdings Pte Ltd v Diethelm Keller Engineering Pte Ltd [2006] SGHC 29
The court held that the plaintiff had proven the existence of the contracts and the defendant failed to prove its counterclaims for defective work and material due to lack of evidence.
Emjay Enterprises Pte Ltd v Skylift Consolidator (Pte) Ltd (Direct Services (HK) Ltd, Third Party) [2006] SGHC 28
A limitation of liability clause relates to liability rather than the quantum of damages, and therefore must be specifically pleaded in accordance with the Rules of Court.
Silberline Asia Pacific Inc v Lim Yong Wah Allan and Others [2006] SGHC 27
A stay of execution of a summary judgment pending the trial of a counterclaim is discretionary and requires a sufficient connection between the claim and the counterclaim, as well as a plausible counterclaim.
Sin Leng Industries Pte Ltd v Ong Chai Teck and Others [2006] SGHC 25
An application to amend pleadings in the middle of a trial will be refused if it introduces a new case that causes prejudice to the other party which cannot be compensated by costs, especially when the party seeking the amendment has been negligent in the conduct of its litigatio
Geowin Construction Pte Ltd (in liquidation) v Management Corporation Strata Title No 1256 [2006] SGHC 245
An expert's decision is binding on the parties as a matter of contract, and the court will not intervene to set it aside in the absence of fraud, collusion, or a material breach of the expert's terms of appointment.
Wee Yue Chew v Su Sh-Hsyu [2006] SGHC 244
In an application to set aside a judgment obtained in the absence of a party at trial, the most important consideration is the reason for the party's absence. Unless the absence was due to accident or mistake rather than being deliberate, the court is unlikely to allow a rehearin
Beckkett Pte Ltd v Deutsche Bank AG and Another [2006] SGHC 243
The court allowed the plaintiff to amend its pleadings during the trial because the delay was not substantial and did not cause prejudice to the defendant, and the amendments were sufficiently clear to be understood.
Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd [2006] SGHC 242
The court held that the defendant was in breach of the implied conditions of satisfactory quality and fitness for purpose under the Sale of Goods Act, as the paint supplied was inherently incapable of producing a consistent finish.
Firstlink Energy Pte Ltd v Creanovate Pte Ltd and Another Action [2006] SGHC 240
The court held that the term 'loan' in sections 162 and 163 of the Companies Act includes 'advances', and that directors who breach their fiduciary duties are liable to make restitution to the company.
Siti Hajar bte Abdullah v Public Prosecutor [2006] SGHC 24
A 'special reason' for exemption from mandatory disqualification under s 3(3) of the MVA must be a mitigating or extenuating circumstance directly connected with the commission of the offence, not merely a circumstance peculiar to the offender.
Nautical Concept Pte Ltd v Jeffery Mark Richard and Another [2006] SGHC 239
An application for a trade mark is made in bad faith if it involves dealings that fall short of standards of acceptable commercial behaviour, even if the marks are not identical or confusingly similar.
Smith & Associates Far East Ltd v Britestone Pte Ltd [2006] SGHC 238
A buyer can recover damages from a seller for a settlement paid to a third party in a chain of contracts if the damages were within the reasonable contemplation of the parties at the time of the contract.
Ng Geok Eng v Public Prosecutor [2006] SGHC 232
Market rigging and false trading offences under s 197(1) SFA should attract custodial sentences in appropriate cases to deter market manipulation, and the sentencing approach for unauthorised share trading under s 201(b) SFA should distinguish between cases involving deception of
Abdul Aziz bin Mohamed Yatim v Rubiah bte Rahmat [2006] SGHC 231
Civil contempt proceedings are quasi-criminal in nature and personal to the alleged contemnor; therefore, they abate upon the death of the alleged contemnor and cannot be continued against their personal representative.
Lock Yeng Fun (mw) v Chua Hock Chye [2006] SGHC 230
The court held that in a long marriage where the wife's financial contributions were minimal but she performed the role of homemaker, an award of 40% of the matrimonial assets was just and equitable.
Gan Too Cheh v Public Prosecutor [2006] SGHC 23
Findings of fact by a trial judge based on the credibility of witnesses should not be overturned unless they are plainly wrong or against the weight of the evidence.