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Public Prosecutor v Boon Yu Kai John [2004] SGHC 136
An appellate court is competent to draw inferences from established facts where there is no issue of witness credibility. The respondent was acquitted by reason of unsoundness of mind, and the trial court must follow the mandatory procedure under s 315 of the Criminal Procedure C
Public Prosecutor v Shahary bin Sulaiman [2004] SGHC 135
The court found the accused guilty of drug trafficking based on his possession of the drugs and his own admissions, rejecting his defence that he was unaware of the contents of the Lafuma bag.
Stone Forest Consulting Pte Ltd v Wee Poh Holdings Ltd [2004] SGHC 134
A board resolution of a company acknowledging services rendered and undertaking to pay fees constitutes a clear admission of liability, precluding the company from raising unmeritorious defences in summary judgment proceedings.
Re Kotjo Johanes Budisutrisno, ex parte International Factors Leasing Pte Ltd [2004] SGHC 133
The court has the power to allow amendments to a bankruptcy petition at any time under s 13 of the Bankruptcy Act, and r 102(2) of the Bankruptcy Rules does not operate as a time bar for such amendments.
Murugasu, Euan v Singapore Airlines Ltd [2004] SGHC 132
The court upheld the assessment of damages for a surgeon who suffered permanent injuries, necessitating a career change. It ruled that the shift from surgery to administration was a direct result of the injury rather than a voluntary choice, justifying the award.
Ong Jane Rebecca v Lim Lie Hoa and Others (No 5) [2004] SGHC 131
The court held that in an inquiry into estate assets, the evidential burden of proof lies with the party asserting the existence of an asset, and the court will not draw adverse inferences without specific evidence.
Lion City Holdings Pte Ltd (in liquidation) v Jumabhoy Asad and Others [2004] SGHC 130
The court held that an amendment to a writ to add a new cause of action will not be allowed if it would defeat a limitation defence, unless the new cause of action arises out of the same or substantially the same facts as the existing claim.
Public Prosecutor v Akbar Late Md Hossain Howlader [2004] SGHC 128
The court held that the accused was guilty of rape based on the victim's credible testimony and DNA evidence, despite the accused's inconsistent statements and lies.
Zhang Yiguang (suing by the committee and estate of his person, Tong Wen Li) v Intergraph Systems South East Asia Pte Ltd [2004] SGHC 126
An employer who takes out insurance on the life and health of an employee holds the benefits of such policies as trustee for the employee, unless otherwise specified.
Naidu Rajasimha and Another v Naidu Sathyamurthi Narsimhan and Others [2004] SGHC 124
A presumed resulting trust arises where property is bought by A in the name of B, but the presumption can be rebutted by evidence. The plaintiffs failed to prove the existence of an oral agreement or that the purchase money was provided by the estate of Lakshmi Naidu.
RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others [2004] SGHC 123
The court held that the claimant bank failed to establish that the metals in the warehouses were ascertained by appropriation to its contracts of purchase, and that the metals did not form part of an identified bulk under s 20A of the Sale of Goods Act.
Public Prosecutor v Cheong Hock Lai and Other Appeals [2004] SGHC 122
A custodial sentence is not mandatory for late trading offences under s 102(b) SIA where the offender traded on their own account and made full restitution, as fines can serve the purpose of deterrence.
Roslan Bin Abdul Rani v Public Prosecutor [2004] SGHC 121
An appellate court will not disturb a trial judge's findings of fact, particularly those based on witness credibility, unless the judge was plainly wrong.
Muhamad Ilyas Bin Mirza Abdul Hamid v Kwek Khim Hui [2004] SGHC 12
The court assessed damages for a plaintiff who suffered serious head injuries in a motorcycle accident, awarding a global sum for pain and suffering and loss of amenities to avoid overlap, and awarding damages for loss of scholarship and loss of earning capacity based on the plai
Sim Teck Meng David v Public Prosecutor [2004] SGHC 119
An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence, and the appellant must show that the trial judge's findings were plainly wrong.
Lu Yuan Sheng v Hitachi Credit Singapore Pte Ltd [2004] SGHC 118
Substituted service of a statutory demand must comply with the Practice Directions regarding attempts at personal service; failure to do so renders the service ineffective.
Salim Anthony v Sumitomo Corp Capital Asia Pte Ltd and Others and Another Application [2004] SGHC 117
A surety's rights of subrogation are postponed rather than waived by a clause in a guarantee that requires prior exhaustion of remedies against the principal debtor, and an assignment of debt that does not comply with contractual notice requirements is invalid.
Fire-Stop Marketing Services Pte Ltd v Mae Engineering Ltd [2004] SGHC 116
The court held that the term '5000m2' in the sub-contract was merely an estimate of the work to be done and not a fixed quantity for a lump sum, as the actual area was unknown at the time of the award. Payment should be based on the actual measured work done.
OCM Opportunities Fund II, LP and Others v Burhan Uray (alias Wong Ming Kiong) and Others [2004] SGHC 115
The court held that the tort of conspiracy to injure by unlawful means is actionable in Singapore, and that the unlawful means need not be actionable at the suit of the claimant.
Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado (No 2) [2004] SGHC 114
The court affirmed the district judge's division of matrimonial assets at 70% to the husband and 30% to the wife, noting the husband's greater contribution to asset acquisition and the wife's failure to provide consortium for a significant period.
Public Prosecutor v Lim Boon Seng [2004] SGHC 113
The court sentenced the accused to three years and six months imprisonment for culpable homicide not amounting to murder, considering the accused was not the aggressor and showed genuine remorse.
Wong Kia Meng (trading as Smart Tuition Centre) v Seet Siow Luan and Others [2004] SGHC 112
The court held that the plaintiff was merely a nominal owner of the business, holding it on trust for the first defendant, who was the true beneficial owner.
Chia Yang Pong v Singapore Medical Council [2004] SGHC 111
The Disciplinary Committee of the Singapore Medical Council has no power to impose a fine exceeding $10,000 in total for all charges, as the fine is intended to be an intermediate penalty.
Chong Ken Ban (alias Chong Johnson) and Another v Management Corporation Strata Title Plan No 1395 [2004] SGHC 110
The Strata Titles Board has concurrent jurisdiction with the High Court to hear applications for the enforcement of by-laws under the Land Titles (Strata) Act.