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Mopi Pte Ltd v Central Mercantile Corp (S) Ltd [2004] SGHC 41
The court will not release or modify the implied undertaking given on discovery save in special circumstances and where the release or modification will not occasion injustice to the person giving discovery.
Abdul Munaf Bin Mohd Ismail (but charged as Kathar Abdul Gafoor) v Public Prosecutor [2004] SGHC 4
The court set aside a conviction and sentence where the petitioner provided strong evidence (passports and citizenship certificate) that he was not the person he was charged as, and that he was not an Indian national as alleged in the charge.
Selvarajoo s/o Malayappan Krishsamy v Public Prosecutor [2004] SGHC 39
The court held that fresh evidence must satisfy the three conditions of non-availability, relevance, and reliability as set out in Ladd v Marshall. The petitioner failed to satisfy these conditions, and the conviction was based on findings of fact independent of the evidence soug
Yeo Boong Hua and Another v Turf City Pte Ltd and Others [2004] SGHC 38
The court held that there was no binding settlement agreement between the parties because the negotiations were conducted 'subject to contract', and no formal contract was executed.
Chiam Kim Loke v Lee Wing Hoong and Another [2004] SGHC 37
The court assessed damages for personal injuries sustained in a road traffic accident, including fractures, amputation, and scarring, and determined awards for loss of earning capacity and future earnings based on the evidence presented.
Law Society of Singapore v Loh Wai Mun Daniel [2004] SGHC 36
A solicitor convicted of a criminal offence involving dishonesty will almost invariably be struck off the roll, regardless of mitigating factors.
Law Society of Singapore v Ezekiel Caleb Charles James [2004] SGHC 35
A solicitor convicted of an offence involving dishonesty will generally be struck off the roll, as the primary objectives of show cause proceedings are to preserve the integrity of the profession and protect the public, rather than to punish the solicitor.
Ng Hock Guan v Attorney-General [2003] SGHC 284
A disciplinary decision is irrational and subject to judicial review if it is based on a prejudicial, unsubstantiated notion that witnesses (such as police colleagues) are inherently inclined to perjure themselves to cover up for their colleagues.
Phua Song Hua v Public Prosecutor [2004] SGHC 33
A conviction for rioting can be based on identification evidence of a single witness if the evidence is of high quality and subjected to careful scrutiny, and the Turnbull guidelines are satisfied.
Pan United Shipping Pte Ltd v Cendrawasih Shipping Pte Ltd [2004] SGHC 32
A shipowner cannot rely on a sham demise charterparty to avoid liability for cargo loss, especially when the charterparty was fabricated and not disclosed until after the claim against the alleged charterer became time-barred.
Chen Con-Ling Tony v Quay Properties Pte Ltd [2004] SGHC 31
A vendor of land owes a fiduciary duty to consult the purchaser pending completion regarding any material changes to the property, including the termination of a tenancy, but the purchaser must prove actual economic loss resulting from the breach of this duty.
Tao Commodity Trader Inc v Fortis Bank (Nederland) N.V. [2004] SGHC 30
Service of a writ on a foreign company that has ceased to be registered under the Companies Act is not valid service under section 376(b) of the Act.
Lai Min Tet and Another v Lai Min Kin and Another and Another Application [2004] SGHC 3
The court held that a resulting trust arose in favour of the father as he had paid for the property, and the presumption of advancement was not displaced.
Re Rasmachayana Sulistyo (alias Chang Whe Ming); ex parte The Hongkong and Shanghai Banking Corp Ltd and Other Appeals [2004] SGHC 281
Parties may contractually agree on alternative modalities for service of bankruptcy-related documents, as the Bankruptcy Rules regarding service are directory rather than mandatory.
Chew Poh Kwan Margaret v Toh Hong Guan and Another [2004] SGHC 280
The court assessed damages for whiplash, headaches, depression, and meralgia parasthetica, and awarded damages for loss of earning capacity due to the plaintiff's reduced productivity.
Master Contract Services Pte Ltd v Sevugan Kalyanasundaram [2004] SGHC 278
The additional compensation of one-quarter payable under paragraph 2(3) of the Third Schedule of the Workmen’s Compensation Act for a worker requiring constant attention is in addition to the maximum compensation sum prescribed in paragraph 2(2).
Mohan Singh s/o Bhola Singh v Shran Jeet Singh [2004] SGHC 277
The court held that the money provided by the plaintiff to the defendant was a loan rather than a joint investment, based on the conduct of the parties and the lack of evidence supporting a joint investment.
United Project Consultants Pte Ltd v Leong Kwok Onn [2004] SGHC 276
The court held that an auditor and tax agent does not owe a duty to discover a client's own deliberate tax evasion, and that the client is barred from recovery by the maxim ex turpi causa non oritur actio.
Lee Min Jai v Chua Cheow Koon [2004] SGHC 275
A consent order in a divorce settlement will not be set aside merely because it appears inequitable, provided it was reached at arm's length and without unfair advantage.
Cycle and Carriage Motor Dealer Pte Ltd v Hong Leong Finance Ltd [2004] SGHC 274
A PARF certificate is a chattel capable of conversion, and the hire purchase company has an immediate right of possession to it upon the hirer's breach.
Nova Leisure Pte Ltd v Dynasty Theatre Nite-Club KTV and Lounge Pte Ltd [2004] SGHC 273
The court held that it does not have the power to authorise a liquidator to pay money out of a bank account unilaterally, and that the court may only authorise a liquidator to make payments into an account with a bank specified by the court.
Public Prosecutor v Choa Joo Liang [2004] SGHC 271
The court found the accused guilty of trafficking in diamorphine and imposed the mandatory death sentence, noting that procedural irregularities regarding drug exhibits and photographic evidence did not affect the integrity of the case.
Re Horizon Knowledge Solutions Pte Ltd [2004] SGHC 270
The court refused to sanction a scheme of arrangement where related and unrelated creditors were not separately classed, and where there was a lack of transparency regarding material information such as the reverse take-over of the parent company.
Chin Swey Min a patient suing by his wife and next friend Lim Siew Lee v Nor Nizar Bin Mohamed [2004] SGHC 27
The court assessed damages for a plaintiff who suffered severe head injuries and mental impairment, determining the appropriate multipliers and multiplicands for loss of future earnings and pain and suffering.