LITT
Try LITT free
SBS Transit Ltd (formerly known as Singapore Bus Service Ltd) v Teo Chye Seng Douglas [2005] SGHC 15
The court held that an offer to settle (OTS) should not be disregarded even if it omits a counterclaim, provided it is clear and fair in respect of the claims it covers, and that parties should seek clarification of any ambiguity in an OTS well before trial.
Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another [2005] SGHC 149
The court held that the defendants were concurrently liable in negligence for the failure of a refurbished slip joint due to insufficient wall thickness caused by machining, and that the defendants were not entitled to rely on exemption clauses that were not properly incorporated
Law Society of Singapore v Chiong Chin May Selena [2005] SGHC 148
A solicitor who commits professional misconduct by failing to maintain proper accounts and allowing an unauthorised person to be a co-signatory to firm accounts may be suspended rather than struck off if the misconduct was not dishonest and was caused by medical illness.
Moganaruban s/o Subramaniam v Public Prosecutor [2005] SGHC 147
An appellate court will defer to a trial judge's findings of fact based on witness credibility unless they are clearly wrong or against the weight of evidence.
Yeoh Peng Lim v Yeo Peng Hay and Another [2005] SGHC 145
The court held that the plaintiff failed to establish grounds for the reversal of debit entries in the company's accounts, as he had signed the audited accounts and audit confirmations with knowledge of the nature of the documents, and the father was the controlling mind of the c
Public Prosecutor v Mohd Halmi bin Hamid and Others [2005] SGHC 143
The court clarified that the presumption of knowledge under s 18(2) of the Misuse of Drugs Act can apply alongside the presumption of trafficking under s 17, provided possession is proved.
Chang Yam Song v Public Prosecutor [2005] SGHC 142
An appellate court will be slow to overturn findings of fact by the trial judge especially when an assessment of the credibility and veracity of the witnesses has been made.
Lee Siew Eng Helen v Public Prosecutor [2005] SGHC 141
The court held that in a criminal breach of trust case, the Prosecution's method of calculating the amount embezzled by taking the total withdrawals and subtracting accrued commissions was proper, and that the breach of a relationship of trust is an aggravating factor in sentenci
JU and Another v See Tho Kai Yin [2005] SGHC 140
The court held that a doctor's duty of care to a patient does not commence until the first consultation, and that the standard of care is governed by the Bolam test. Furthermore, the court found that wrongful life claims are contrary to public policy.
Chong Hon Kuan Ivan and Another v Levy Maurice and Others and Other Actions [2005] SGHC 14
The court has the discretion to manage the sequence of hearings for overlapping actions and to direct that evidence from one trial be admitted in others to ensure fairness and efficiency.
Nike International Ltd and Another v Campomar Sociedad Limitada [2005] SGHC 139
The court held that the doctrine of res judicata applies to trade mark opposition proceedings where a final decision has been made by the Registrar, and that genuine use of a trade mark can be established through commercial import/export activities even if limited in frequency.
Asian Corporate Services (SEA) Pte Ltd v Impact Pacific Consultants Pte Ltd and Others [2005] SGHC 138
A search order (Anton Piller order) is an extreme remedy that requires necessity, proportionality, and clear evidence of a real risk of destruction of evidence; it should not be used as a primary investigatory tool.
HY v Comptroller of Income Tax [2005] SGHC 137
The court held that there was no material connection between the appellant's gains from stock options and Singapore, as the options were granted while the appellant was employed in London and the exercise of the options occurred in London.
Lee Teck Nam v Kang Hock Seng Paul [2005] SGHC 136
The court held that a defendant tortfeasor cannot insist on a plaintiff exercising contractual rights against a third party to reduce damages, and that damages for loss of future earnings should be assessed with a multiplier that reflects current lower rates of investment return.
Oversea-Chinese Banking Corp Ltd v Infocommcentre Pte Ltd [2005] SGHC 134
An overdraft facility is generally repayable on demand unless the parties have expressly or impliedly agreed otherwise, and a bank does not owe a duty of care to a borrower when exercising its discretionary right to withdraw such facilities.
OTO Bodycare Pte Ltd v Hiew Keat Foong [2005] SGHC 133
The court held that the defendant's mark was similar to the plaintiff's registered trademark 'OTO', creating a likelihood of confusion, and that the defendant's use of the 'Notice of Agreement' revived the passing off claim.
The "Inai Selasih" (ex "Geopotes X") [2005] SGHC 132
An arrest of a ship in rem requires the plaintiff to establish that the defendant is the charterer of the ship at the time the cause of action arose. A sham charterparty created for external purposes does not confer the status of charterer.
Icadam Technologies Sdn Bhd and Others v CAD-IT Consultants (Asia) Pte Ltd and Others [2005] SGHC 130
The court held that the second defendant defamed the plaintiffs by making false allegations of intellectual property infringement to a client, and that the first defendant was vicariously liable for these statements.
Lim Teng Ee Joyce v Singapore Medical Council [2005] SGHC 129
A disciplinary committee's power to award costs is not unfettered and must be exercised judicially; it is erroneous to order a practitioner to pay costs for a charge of which they were acquitted.
Khoo Bee Keong v Ang Chun Hong and Another [2005] SGHC 128
The court found the bus driver 80% liable and the pedestrian 20% liable for contributory negligence in a traffic accident.
Cheong Wai Keong v Public Prosecutor [2005] SGHC 126
The distance driven by an offender does not constitute a 'special reason' for the purposes of reducing the mandatory disqualification period for drink-driving offences.
Public Prosecutor v Khor Kok Soon [2005] SGHC 125
The court found that the accused used a firearm with intent to cause physical injury, satisfying the elements of section 4 of the Arms Offences Act 1973.
Wong Teck Long v Public Prosecutor [2005] SGHC 123
The court held that the uncorroborated evidence of an accomplice can be relied upon to convict an accused, provided it is treated with caution, and that the sentence for corruption should be deterrent given the public interest in maintaining the integrity of the financial sector.
Public Prosecutor v Lim Thian Lai [2005] SGHC 122
A retracted confession is admissible if the court is satisfied it was made voluntarily and is true and reliable.