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Lim Chi Szu Margaret and Another v Risis Pte Ltd [2005] SGHC 206
The court held that the requirements under s 34(1)(c) and s 34(2) of the Supreme Court of Judicature Act are cumulative in nature for interlocutory proceedings, and that the Bozson test is the correct test for determining whether an order is final or interlocutory.
Syarikat Wen Ken Drug Sdn Bhd and Others v Lo Hock Ling & Co [2005] SGHC 205
An appellate court will not interfere with a trial judge's findings of fact unless the judge was plainly wrong, especially where the judge had the benefit of seeing and hearing the witnesses.
De Montfort University v Stanford Training Systems Pte Ltd [2005] SGHC 202
A winding-up petition should be stayed where the debt forming the basis of the petition is bona fide disputed on substantial grounds.
Allied Marine Services Ltd v LMJ International Ltd [2005] SGHC 201
A Mareva injunction will not be granted if it substantially interferes with the business rights of innocent third parties, even if the plaintiff offers an indemnity.
Firstwaters Pte Ltd v Lindeteves-Jacoberg Ltd [2005] SGHC 200
The court will not strike out a claim under O 18 r 19 of the Rules of Court if the deficiency in the pleading can be cured by an amendment, especially where the real intention of the parties can be discerned from the instrument as a whole.
Public Prosecutor v Siew Boon Loong [2005] SGHC 20
A sentencing court should consider all antecedents up to the moment of sentencing, but the weight accorded depends on the circumstances, including the age of the offences and whether the accused acted in defiant disregard of the law.
Lee Kuan Yew v Chee Soon Juan (No 2) [2005] SGHC 2
The court assessed damages for defamation in a case where the defendant had made serious allegations of dishonesty against a senior government official and failed to substantiate his defences.
Govindasamy Supramaniam v Bailey Foreign Holdings Corp and Others [2005] SGHC 199
In complicated commercial disputes, the court will not grant a mandatory injunction to reverse an otherwise properly constituted act of a company's board of directors where the balance of convenience does not clearly favour the applicant.
Re Raffles Town Club Pte Ltd [2005] SGHC 198
The court rejected an application for an extension of time to hold a creditors' meeting because the applicant failed to provide sufficient grounds or evidence to justify the delay.
PT Asuransi Jasa Indonesia (Persero) v Dexia Bank SA [2005] SGHC 197
An arbitral tribunal's error of law or fact is not a ground for setting aside an award under the International Arbitration Act, and conflicting arbitral decisions between private parties do not inherently raise public policy concerns.
Premium Funding Singapore Pte Ltd v SHC Capital Ltd (China Construction-Hock Chuan Ann JV Pte Ltd, Third Party) [2005] SGHC 196
The endorsement of insurance policies to a new party in place of the original insured creates new insurance contracts, meaning the original lender's termination rights under the original agreement do not apply to the new contracts.
Hwa Lai Heng Ricky v Public Prosecutor [2005] SGHC 195
To establish cheating under s 420 of the Penal Code, the prosecution must prove the victim was deceived, induced to deliver property, and the accused acted with dishonest intention. The inducement need not be the sole reason for the delivery of property.
Cheng-Wong Mei Ling Theresa v Oei Hong Leong [2005] SGHC 194
Section 99 of the Land Titles Act requires both development and subdivision to be approved by the competent authority for a statutory easement to be implied. A mere subdivision plan showing access does not constitute land being appropriated or set apart for an easement.
Ng Chye Huay and Another v Public Prosecutor [2005] SGHC 193
The court held that the police SOP for handling illegal assemblies was not discriminatory, and that the permit requirements under the Miscellaneous Offences (Public Order and Nuisance) Rules and the Films Act were valid and constitutional.
IPTE Asia Pacific Pte Ltd v JMA Technologies Pte Ltd [2005] SGHC 192
The court held that the defendant failed to prove that the test systems were defective or in breach of warranties, and dismissed the counterclaim for lack of evidence.
Re Platts-Mills, Mark Fortescue QC [2005] SGHC 191
The court held that the admission of a Queen's Counsel is justified where the case involves complex issues of law and fact, and where the applicant's prior involvement in related foreign proceedings provides a significant advantage to the court and the parties.
Koh Swee Hoon Joanna Ophelia v Yeo Hee Chong [2005] SGHC 190
A driver who leaves a stationary vehicle on an expressway in a position that creates a foreseeable risk of danger to other road users is negligent, but the plaintiff may be contributorily negligent for failing to keep a proper lookout.
Virtual Map (Singapore) Pte Ltd v Suncool International Pte Ltd [2005] SGHC 19
A plaintiff who expends sufficient skill, labour and judgment in creating a work from raw material (even if licensed) can claim independent copyright in the resulting work, and co-owners of copyright are entitled to bring proceedings individually.
Lim Yuen Li Eugene v Singapore Shuttle Bus Service Pte Ltd and Another [2005] SGHC 189
The court clarified the distinction between 'loss of earnings' and 'loss of earning capacity', noting that the latter is a term of art for a 'handicap' in the labour market, and that an award for loss of earning capacity is appropriate where there is a real risk of future disadva
Kamis bin Satari v Nasir Natarajan [2005] SGHC 188
A workman who has received compensation under the Workmen's Compensation Act cannot pursue a common law claim for damages unless the compensation is first repaid, even if the compensation was received under a mistake.
Law Society of Singapore v Ong Lilian [2005] SGHC 187
A solicitor convicted of an offence involving dishonesty, such as theft, demonstrates a defect of character rendering them unfit for the legal profession, and will almost invariably be struck off the roll regardless of whether the offence was committed in their professional capac
Bayswater Carriers Pte Ltd v QBE Insurance (International) Pte Ltd [2005] SGHC 185
The court held that the loss of the tug by armed intruders constituted 'piracy' under the marine hull policy, as the term 'piracy' in a marine policy is to be construed in its popular or business sense, which does not require the act to occur on the high seas.
Asta Rickmers Schiffahrtsgesellschaft mbH & Cie KG v Hub Marine Pte Ltd [2005] SGHC 184
The court held that pre-action discovery is appropriate where the applicant has material facts to support a belief that the defendant may be liable, and the application is not a fishing expedition.
Mopi Pte Ltd v Central Mercantile Corp (S) Ltd [2005] SGHC 183
The court will not disturb an assistant registrar's exercise of discretion in assessing damages unless there is a compelling reason, and will not allow the introduction of fresh evidence on appeal that could have been adduced at the assessment stage.