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Singapore

Lai Swee Lin Linda v Attorney-General [2005] SGHC 182

The court held that there was no sufficient reason to stay bankruptcy proceedings where the applicant failed to provide good reasons for the stay and focused on a separate suit against the Attorney-General.

Sushant Shukla· ·11 min read
Singapore

Tee Chu Feng v Public Prosecutor [2005] SGHC 181

An appellate court will not overturn findings of fact made by a trial judge unless they are clearly wrong or against the weight of evidence, especially where credibility is involved.

Sushant Shukla· ·14 min read
Singapore

Muhammad Shaun Eric bin Abdullah (alias De Silva Shaun Eric) v Ng Ah Tee (Chua Seng Thye, Third Party) [2005] SGHC 180

The plaintiff failed to establish on the balance of probabilities that his various medical conditions were caused by the accident in question rather than pre-existing conditions or subsequent events.

Sushant Shukla· ·13 min read
Singapore

Coterie International (S) Pte Ltd v MAE Engineering Ltd [2005] SGHC 18

A party's failure to make payment under an ongoing contract, without an intention to no longer perform, does not entitle the other party to treat the contract as at an end without giving the requisite notice of termination.

Sushant Shukla· ·13 min read
Singapore

Kaufman, Gregory Laurence and Others v Datacraft Asia Ltd and Another [2005] SGHC 174

The court held that the Letter Agreement did not create an entrustment relationship under Japanese law, and therefore no fiduciary duties were owed by the defendants to the plaintiffs.

Sushant Shukla· ·15 min read
Singapore

Chong Barbara v Commissioner of Estate Duties [2005] SGHC 172

The court held that the net asset value method is the appropriate basis for valuing minority shareholdings in private investment-holding companies, and a 50% discount for lack of marketability and minority status is appropriate.

Sushant Shukla· ·12 min read
Singapore

Petrosin Corp Pte Ltd v Clough Engineering Ltd [2005] SGHC 170

The court found that there was no concluded oral agreement on 18 October 2001 as the parties intended to put the terms in writing and sign them, and no such signed agreement existed.

Sushant Shukla· ·14 min read
Singapore

Finebuild Systems Pte Ltd v Transbilt Engineering Pte Ltd (in liquidation) [2005] SGHC 17

The court has a wide discretion under s 334(1)(c) of the Companies Act to set aside the rights of a liquidator in favour of a creditor, and this discretion is not limited to cases involving dishonesty or trickery.

Sushant Shukla· ·14 min read
Singapore

Law Society of Singapore v Jayaram Bala Subramaniam [2005] SGHC 169

A solicitor who has acted dishonestly by misappropriating clients' funds should be struck off the roll of advocates and solicitors.

Sushant Shukla· ·14 min read
Singapore

Mei Yue Lan Margaret v Raffles City (Pte) Ltd [2005] SGHC 168

The court assessed damages for pain, suffering and loss of amenities for a plaintiff suffering from Reflex Sympathetic Dystrophy (RSD) following a leg injury, determining that while the injury was not life-threatening, the pain and suffering were severe and warranted a global awa

Sushant Shukla· ·15 min read
Singapore

Neo Corp Pte Ltd (under judicial management) v Neocorp Innovations Pte Ltd and Another Application [2005] SGHC 167

A right of action residing in a judicial manager to challenge a transaction under s 227T of the Companies Act does not continue to reside in a liquidator if the company is subsequently wound up; the liquidator must commence separate proceedings under s 329.

Sushant Shukla· ·13 min read
Singapore

Li Kong v Cheng Lai Nar [2005] SGHC 164

The court held that an appellate court may interfere with findings of fact in ancillary matters where the decision is based on inferences drawn from documents rather than oral testimony. It also clarified the attribution of financial contributions to matrimonial assets in the abs

Sushant Shukla· ·11 min read
Singapore

Yee Hong Pte Ltd v Tan Chye Hee Andrew (Ho Bee Development Pte Ltd, Third Party) [2005] SGHC 163

The court has jurisdiction under s 6(5) of the Arbitration Act to stay court proceedings and refer parties to arbitration where a party is claiming through or under a party to an arbitration agreement, even if there is no direct arbitration agreement between the parties to the co

Sushant Shukla· ·13 min read
Singapore

Dalian Hualiang Enterprise Group Co Ltd and Another v Louis Dreyfus Asia Pte Ltd [2005] SGHC 161

The court held that a stay of proceedings under s 6(2) of the International Arbitration Act should not be granted where the dispute is clearly outside the scope of the arbitration agreement, such as a set-off claim arising from a separate contract to which the plaintiffs were not

Sushant Shukla· ·12 min read
Singapore

CX v CY (minor: custody, care, control and access) [2005] SGHC 16

Joint custody orders should be made even in acrimonious cases unless it is evident that joint custody will not work, as it is preferable to making no custody order at all.

Sushant Shukla· ·14 min read
Singapore

Wee Soon Kim Anthony v Lim Chor Pee and Another [2005] SGHC 159

The court held that a statutory demand should be set aside if there is a genuine triable issue regarding a counterclaim, set-off, or cross demand that equals or exceeds the debt.

Sushant Shukla· ·14 min read
Singapore

S Selvamsylvester v Public Prosecutor [2005] SGHC 158

The High Court has no absolute discretion to grant bail for non-bailable offences punishable with life imprisonment if there are reasonable grounds for believing the accused is guilty.

Sushant Shukla· ·13 min read
Singapore

State of Johor and Another v Tunku Alam Shah ibni Tunku Abdul Rahman and Others [2005] SGHC 156

The bequest of Tyersall as 'State property' in Sultan Abu Bakar's will was valid under the lex situs (Singapore law) and intended to vest in the reigning Sultan as a corporation sole, not as personal property.

Sushant Shukla· ·13 min read
Singapore

Q & M Enterprises Sdn Bhd v Poh Kiat [2005] SGHC 155

The court affirmed that the principles of forum non conveniens in Spiliada apply in Singapore, and that the existence of a potential summary judgment claim under O 14 does not override the forum non conveniens analysis.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Took Leng How [2005] SGHC 154

The court held that the accused failed to prove the defence of diminished responsibility on a balance of probabilities, as he was not suffering from an abnormality of mind at the time of the offence.

Sushant Shukla· ·13 min read
Singapore

Tang Kin Hwa v Traditional Chinese Medicine Practitioners Board [2005] SGHC 153

The court affirmed the Board's decision to suspend the appellant's registration for two years, finding that the appellant had forged a signature on a certificate of employment and provided inaccurate particulars in his registration application, which constituted improper conduct

Sushant Shukla· ·13 min read
Singapore

Fan Juan Fen v Crocodile Holdings Pte Ltd and Another and Another Suit [2005] SGHC 152

The court held that the plaintiff was the legal and beneficial owner of the shares and that the defendants' cancellation of the shares was invalid as it did not comply with the company's articles of association or the Companies Act.

Sushant Shukla· ·14 min read
Singapore

Re Bintan Lagoon Resort Ltd [2005] SGHC 151

The court will only exercise its power under s 227B(10) of the Companies Act to appoint a judicial manager on public interest grounds if it considers that the public interest 'so requires', which is a stringent test not met by mere economic or social impact of a company's failure

Sushant Shukla· ·15 min read
Singapore

Tullett Prebon (Singapore) Ltd and Another v Chua Leong Chuan Simon and Others and Another Suit [2005] SGHC 150

An employer is entitled to restrain an employee from working for another employer in breach of a valid employment contract, even if the court cannot compel the employee to perform the original contract.

Sushant Shukla· ·15 min read