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Ser Kim Koi v Metalform Asia Pte Ltd [2006] SGHC 178
A director is not entitled to disclosure of documents covered by legal advice privilege, even if they are otherwise entitled to access company records under section 199 of the Companies Act, where the director is in a position of conflict with the company.
Koh Bee Choo v Choo Chai Huah [2006] SGHC 177
The court applied the broad-brush approach to the division of matrimonial assets under s 112 of the Women's Charter, noting that the wife's lack of direct contribution and the husband's financial liabilities were key factors.
Otto Systems Singapore Pte Ltd v Greenline-Onyx Envirotech Phils, Inc [2006] SGHC 176
A letter written by a party's solicitors during negotiations can constitute an acknowledgement of debt if it contains a clear admission of liability, even if the exact amount is disputed, provided the correspondence is not protected by without prejudice privilege.
Future Enterprises Pte Ltd v McDonald's Corp [2006] SGHC 175
The court held that the marks 'MacCoffee' and 'McCAFÉ' are visually, aurally and conceptually similar, and given the similarity of the goods, there exists a likelihood of confusion on the part of the public.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) [2006] SGHC 172
The court held that shares acquired by a husband as a gift prior to marriage do not form part of the matrimonial pool under s 112(10) of the Women's Charter, as they were not substantially improved during the marriage and do not constitute a matrimonial home.
Abdul Jalil bin Ahmad bin Talib and Others v A Formation Construction Pte Ltd [2006] SGHC 171
A compromise agreement entered into by a sole trustee is binding on the trust where the trustee had ostensible authority or where the defendant provided consideration for the compromise by forbearing to pursue a claim for damages.
Public Prosecutor v Sudarsanan Margasagayam [2006] SGHC 170
The court found the complainant's testimony unreliable and implausible, failing to establish the prosecution's case beyond reasonable doubt.
Rabiah Bee bte Mohamed Ibrahim v Salem Ibrahim [2006] SGHC 17
The court allowed an amendment to pleadings at a late stage of the trial because it was in the interests of justice to have all issues between the parties disposed of in one action, and the defendant was not unfairly prejudiced by the amendment.
Hin Hup Bus Service (a firm) v Tay Chwee Hiang and Another [2006] SGHC 169
A magistrate is functus officio after delivering a judgment and cannot issue a second judgment varying the first. Similar fact evidence is admissible in civil cases if it is logically probative and not oppressive.
Public Prosecutor v Mohammad Zam bin Abdul Rashid [2006] SGHC 168
A sentence of life imprisonment is justified for culpable homicide where the offence is grave, the offender is of unstable character likely to re-offend, and the consequences of such re-offending are specially injurious.
Law Society of Singapore v Chung Ting Fai [2006] SGHC 167
A solicitor who knowingly prepares a false affidavit for a client, even if not filed, commits misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.
Re Thor Beng Huat [2006] SGHC 166
The High Court has jurisdiction under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act to make restraint orders against a person prior to their conviction, provided the statutory requirements are met.
Public Prosecutor v NF [2006] SGHC 165
The court established that the starting point for category 2 rapes (involving vulnerable victims or abuse of trust) is 15 years' imprisonment and 12 strokes of the cane.
Orient Centre Investments Ltd and Another v Societe Generale and Another [2006] SGHC 164
The court held that the plaintiffs were precluded by the parol evidence rule in s 94 of the Evidence Act from asserting oral representations that contradicted the express terms of the written agreements they had signed.
Meyer Erwin v Lerner Brian and Others [2006] SGHC 163
The court has discretion to order security for costs against a foreign plaintiff, but it is not an inflexible rule; the court must weigh all circumstances to determine if it is just to do so.
NTUC Income Insurance Co-operative Ltd and Another v Next of kin of Narayasamy s/o Ramasamy, deceased [2006] SGHC 162
An accident arises out of employment when the exertion producing the accident is too great for the workman at the time, regardless of whether the exertion was ordinary or whether the workman had a pre-existing condition.
Kea Meng Kwang and Another v Merrill Lynch Investment Managers (Asia Pacific) Ltd and Others [2006] SGHC 161
The court held that it would not assist a plaintiff in obtaining evidence from abroad via a letter of request where the plaintiff had a more straightforward cause of action available against another party in that foreign jurisdiction, and where the evidence sought was not necessa
Carrefour Singapore Pte Ltd v Leong Wai Kay [2006] SGHC 160
The imposition of a criminal penalty under s 13 of the Prevention of Corruption Act does not bar a principal from recovering the amount of the bribe as a civil debt under s 14(1) of the Act.
Ho Wing On Christopher and Others v ECRC Land Pte Ltd (in liquidation) [2006] SGHC 16
A liquidator who brings an action on behalf of an insolvent company is not personally liable for costs incurred by the winning party simply because the company has insufficient assets, unless there is evidence of impropriety or misconduct.
Progen Engineering Pte Ltd v Chua Aik Kia (trading as Uni Sanitary Electrical Construction) [2006] SGHC 159
The court held that an error of law or fact does not constitute misconduct under s 17(2) of the Arbitration Act, and that the court will not interfere with an arbitrator's findings of fact on an application for leave to appeal under s 28.
Tee Kok Boon v Public Prosecutor [2006] SGHC 157
The High Court does not have revisionary or supervisory jurisdiction over a decision of a subordinate court that has already been upheld on appeal by the High Court, nor does one High Court have revisionary jurisdiction over another.
Teng Yeow Fatt (as executor of the estate of Teng Mong Fong, deceased) v Teng Siew Kee [2006] SGHC 156
The court held that the sums in question were validly gifted by the deceased to his daughters during his lifetime and did not form part of his estate.
Angliss Singapore Pte Ltd v Public Prosecutor [2006] SGHC 155
Public interest is not an autonomous sentencing principle but an expression of conventional sentencing objectives like deterrence and retribution. A guilty plea is a mitigating factor primarily when it indicates genuine remorse.
PT Muliakeramik Indahraya TBK v Nam Huat Tiling & Panelling Co Pte Ltd [2006] SGHC 154
The court held that the overlap between a defence and a counterclaim is a factor to be considered in the exercise of discretion for security for costs, but it is not a decisive or fatal factor.