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Law Society of Singapore v Ong Ying Ping [2005] SGHC 120
An advocate and solicitor who misleads prison authorities regarding the identity of a person accompanying them to a prison interview is guilty of misconduct unbefitting an advocate and solicitor under s 83(2)(h) of the Legal Profession Act.
Changhe International Investments Pte Ltd and Another v Dexia BIL Asia Singapore Ltd and Others [2005] SGHC 12
The court held that commencing a second action that is identical to a first action which was dismissed for failure to comply with a peremptory order constitutes an abuse of process.
Chong Chee Keong v Official Assignee [2005] SGHC 119
A certificate of discharge from bankruptcy wipes the slate clean for the bankrupt, and any residual rights, including money due after the discharge, revert to the discharged bankrupt unless the Official Assignee expressly reserved that money as a condition to the discharge.
New Line Productions, Inc and Another v Aglow Video Pte Ltd and Others and Other Suits [2005] SGHC 118
The court held that directors of companies can be held personally liable for copyright infringement if they are the directing minds of the companies and have procured or directed the infringing acts. The court also awarded additional damages under s 119(4) of the Copyright Act du
Foo Teow Keng v Ong Choo Guan and Others [2005] SGHC 117
The court found that the defendants' actions in diluting the plaintiff's shareholding and manipulating company accounts to reduce share value constituted oppression under s 216 of the Companies Act.
C S Geotechnic Pte Ltd v Neocorp Innovations Pte Ltd [2005] SGHC 116
A party cannot shift the burden of a contract to another without the consent of the contractee.
T Ltd v Comptroller of Income Tax [2005] SGHC 115
A company's business commences when it is ready to commence business operations, not merely when it is incorporated or when it begins preparatory activities.
Yee Hong Pte Ltd v Powen Electrical Engineering Pte Ltd [2005] SGHC 114
The court held that the arbitrator's decision to proceed with the hearing did not constitute improper conduct or a violation of natural justice, and that the applicant failed to demonstrate substantial injustice as required by s 16(1)(b) of the Arbitration Act.
Re Ng Huat Foundations Pte Ltd [2005] SGHC 112
The court will not grant an application to convene a creditors' meeting for a scheme of arrangement where there is no prospect of the scheme receiving the requisite approval of three-fourths in value of the creditors, or where there has been material non-disclosure.
Quek Hong Yap v Quek Bee Leng and Others [2005] SGHC 111
To succeed under s 216(1)(a) of the Companies Act, the oppression on the part of the defendants must continue up to the date of the proceedings.
Vaswani Lalchand Challaram and Another v Vaswani Roshni Anilkumar and Another [2005] SGHC 110
The court held that insurance policy moneys payable to named beneficiaries are not part of the deceased's estate where no statutory trust is created, and the insurer is discharged from liability upon payment to the proper claimant under s 61(1) of the Insurance Act.
QBE Insurance (International) Ltd v Winterthur Insurance (Far East) Pte Ltd [2005] SGHC 11
The court held that there was no agreement between the parties to share liability for the claim, and that QBE was estopped from claiming contribution due to its conduct in handling the defence without consulting Winterthur.
Cigar Affair v Public Prosecutor [2005] SGHC 109
An application under s 60 of the Supreme Court of Judicature Act for a criminal reference to the Court of Appeal must involve a question of law of public interest and is to be used sparingly in exceptional cases.
Cigar Affair v Pacific Cigar Company [2005] SGHC 108
The court held that s 53A of the Trade Marks Act (Cap 332) allows for the issuance of search warrants for documents that are evidence of trade mark offences, and that the mens rea requirement of the Copyright Act does not apply to s 49 of the Trade Marks Act.
Gan Sim Lim v Public Prosecutor [2005] SGHC 107
An appellate court will only interfere with a sentence if the sentencing judge made the wrong decision as to the factual basis, erred in appreciating material, the sentence was wrong in principle, or the sentence was manifestly excessive or inadequate.
TR Networks Ltd and Others v Elixir Health Holdings Pte Ltd and Others [2005] SGHC 106
A default judgment is not irregular if the defendant entered an appearance gratis, even if service was not effected, and the court has discretion to set aside such judgment based on whether the defendant has a meritorious defence and whether the proceedings were deliberately igno
Public Trustee and Another v By Products Traders Pte Ltd and Others [2005] SGHC 103
Solicitors have an overriding duty of candour to the court as officers of the court, which takes precedence over their duty to their clients. This duty requires full disclosure of material facts and prohibits misleading the court, whether actively or passively.
Re Wan Soon Construction Pte Ltd [2005] SGHC 102
The court held that s 334 of the Companies Act applies to judicial management via s 227X(b), allowing the judicial manager to set aside an incomplete execution of a writ of seizure and sale.
Chor Pee & Partners v Wee Soon Kim Anthony [2005] SGHC 101
An agreement on legal fees must be certain, contain the full terms of the bargain, and be signed by the client to constitute a valid contentious business agreement under s 111 of the Legal Profession Act.
Re Wong Sook Mun Christina [2005] SGHC 100
Section 110 of the Evidence Act requires that the missing person must not have been heard of for 7 years by those who would naturally have heard of him if he had been alive. Where a person is totally estranged from their family, the family members may not fall within the category
Lin Tsang Kit and Another v Chng Thiam Kwee [2005] SGHC 10
The court held that the defendant, as the controlling mind of the company, was the trustee of the shares held in the company's name and was liable to account for secret profits and sale proceeds.
Rukiah bte Ismail v Public Prosecutor [2004] SGHC 98
The court held that an appellate court should be slow to disturb a lower court's findings of fact unless they were shown to be clearly wrong, reached against the weight of the evidence, or unless the trial judge had not taken proper advantage of having seen and heard the witnesse
Liew Ter Kwang v Hurry General Contractor Pte Ltd [2004] SGHC 97
The court granted leave to appeal an arbitration award on questions of law concerning the interpretation of standard form building contract clauses, as the resolution of these questions would add to the certainty of the law and a strong prima facie case of error was shown.
Somerset Investments Pte Ltd (formerly known as Liang Court Pte Ltd) v Far East Technology International Ltd (formerly known as Far East Holdings International Ltd) [2004] SGHC 96
A demand for payment under a guarantee is valid even if it incorrectly states the amount due, provided the creditor is entitled to demand the sum secured and the debtor is not prejudiced.