LITT
Try LITT free
Law Society of Singapore v Tham Kok Leong Thomas [2005] SGHC 231
A solicitor acting as a stakeholder owes a professional duty to hold funds until conditions are met, and a breach of this duty, especially when compounded by misleading statements, constitutes grossly improper conduct.
Heng Chye Poh v Heng Peng Sing [2005] SGHC 230
The court found that the defendant had a beneficial interest in the flat because the purchase was largely funded by the defendant and the deceased, and the plaintiff lacked the means to pay for the flat.
Mohamed Hiraz Hassim v Public Prosecutor [2005] SGHC 23
The High Court affirmed that the revisionary jurisdiction is exercised sparingly and only where there is serious injustice, and that the benchmark sentence for GST evasion is 15 to 20 times the tax evaded.
IA v Comptroller of Income Tax [2005] SGHC 229
Borrowing expenses, prepayment penalties, and guarantee expenses incurred by a property developer to finance the acquisition of trading stock are revenue in nature and deductible under s 14(1) of the Income Tax Act.
Pacific Assets Management Ltd and Others v Chen Lip Keong [2005] SGHC 228
Service of a writ in accordance with an ad hoc agreement between parties is valid service, even if the method of service is not otherwise prescribed by the rules of court.
Lim Chin San Contractors Pte Ltd v Sanchoon Builders Pte Ltd [2005] SGHC 227
A breach of contract that is not repudiatory in nature does not entitle the innocent party to terminate the contract. Minor breaches only entitle the innocent party to claim damages.
Goh Lee Yin v Public Prosecutor [2005] SGHC 226
Probation may be an appropriate sentence for an offender suffering from a serious mental disorder, even if the offender is over 21, provided there is a strong support system and a realistic prospect of rehabilitation.
Evergreat Construction Co Pte Ltd v Presscrete Engineering Pte Ltd [2005] SGHC 224
An expert's determination is binding as a matter of contract and cannot be challenged unless the expert has departed from his instructions in a material respect or acted with fraud or corruption.
Robin Anak Mawang v Public Prosecutor [2005] SGHC 222
The court held that it is not necessary to prove that the appellant personally punched the victim to establish a charge of rioting, provided the appellant was a member of an unlawful assembly with the common object of causing hurt.
Public Prosecutor v Vijayakumar s/o Veeriah [2005] SGHC 221
The accused was convicted of murder as the court found he was the aggressor and did not act in private defence, and the killing was not a result of a sudden fight.
Korea Exchange Bank v Standard Chartered Bank [2005] SGHC 220
The court held that express terms in a letter of credit can override provisions of the UCP 500 incorporated by reference if there is an irreconcilable inconsistency, and that an issuing bank is precluded from asserting discrepancies if it fails to provide a notice of refusal upon
Ong Beng Leong v Public Prosecutor [2005] SGHC 22
The word 'use' in s 6(c) of the Prevention of Corruption Act means to employ for the purpose of misleading the principal, and does not require the document to be submitted to a third party.
Management Corporation Strata Title Plan Nos 1298 and 1304 v Chief Assessor and Comptroller of Property Tax [2005] SGHC 219
The court held that areas of common property in a shopping centre used for placing items like ATMs and kiosks constitute 'tenements' and are therefore taxable under the Property Tax Act, even if they are not physically demarcated by lines.
Wong Ser Wan v Ng Cheong Ling [2005] SGHC 218
The court held that gifts made between spouses for the purpose of inducing a spouse to withdraw divorce proceedings and to provide financial security are irrevocable and should not be brought into the matrimonial pool for division upon divorce.
Chee Siok Chin and Others v Minister for Home Affairs and Another [2005] SGHC 216
The court held that the applicants' claim was frivolous, vexatious, and an abuse of process, and that the police had acted within their statutory powers under the Miscellaneous Offences (Public Order and Nuisance) Act.
Tan Wai Kok (formerly trading as TWK Skill Engineering Works) v Hart Engineering (Pte) Ltd [2005] SGHC 215
The court held that the plaintiff was entitled to payment for works performed, subject to set-offs for defective works and materials, and that the defendant's counterclaim for conspiracy was not made out.
Re Tang Yoke Kheng (ex parte Lek Benedict and another) [2005] SGHC 214
The court held that exceptional circumstances existed to warrant a stay of bankruptcy proceedings where the debtor was the main creditor of a company and was funding the liquidator's action against the petitioning creditors, who were also directors of that company.
Lin Bin v Public Prosecutor [2005] SGHC 213
The court held that the degree of control exercised by an employer is a significant factor in determining employment status, but the substance of the relationship must be considered. The court also affirmed that the prosecution need only establish that the appellant knew or had r
Tan Yeow Hiang Kenneth and Others v Tan Chor Chuan and Others [2005] SGHC 212
The court held that it was functus officio after the order for costs had been extracted and could not vary the order to allow a reduction for failed defences. Furthermore, even if it had the power, no reduction was warranted as the defendants had not acted unreasonably in raising
Yeo Gek Lang Susie (administratrix of the estate of Teo Lay Swee) and Others v Guan Soon Development Pte Ltd [2005] SGHC 211
Amendments to a company's Articles of Association take effect from the date the resolution is passed unless otherwise stipulated in the amendment itself.
Cheah Geok Tuan (alias Seah Geok Tuan) and Another v Lie Khin Sin and Another [2005] SGHC 210
The court held that a written agreement for the sale of shares with a buyback option was in substance a loan agreement, given the unusual terms and the surrounding evidence.
Lee Bee Kim Jennifer v Lim Yew Khang Cecil [2005] SGHC 209
This case clarifies that interim maintenance orders do not bind final ancillary relief decisions. The court emphasized the duty of full and frank disclosure, ruling that adverse inferences will be drawn against parties who fail to disclose their assets accurately.
Richemont International SA v Goldlion Enterprise (Singapore) Pte Ltd [2005] SGHC 208
The court held that the Respondent's mark 'Jean Mercier' was not similar to the Appellant's mark 'Baume & Mercier', and therefore there was no likelihood of confusion under s 8(2)(b) of the Trade Marks Act.
Iskandar bin Muhamad Nordin v Public Prosecutor [2005] SGHC 207
Intellectually disabled offenders are not treated differently for sentencing purposes and are criminally culpable for their actions, with the weight of intellectual disability as a mitigating factor depending on the case's circumstances.