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Ong Ah Tiong v Public Prosecutor [2004] SGHC 11
The court held that sentencing for trade mark infringement should be determined by the number of infringing articles involved rather than a fixed jail term per charge, and that deterrent sentences are warranted for large-scale distribution of counterfeit goods in Singapore.
Sabah Shipyard (Pakistan) Ltd v Government of the Islamic Republic of Pakistan [2004] SGHC 109
The court held that a dispute over the costs of an arbitration, where the underlying dispute was settled or withdrawn, is a dispute 'arising in connection with' the underlying contract and thus falls within the scope of the arbitration clause.
Re Jeyaretnam Joshua Benjamin, ex parte Indra Krishnan (No 2) [2004] SGHC 106
The court held that a bankruptcy order should not be discharged where the administration of the bankrupt's assets is incomplete and the bankrupt has failed to cooperate with the Official Assignee.
Afro-Asia Shipping Co (Pte) Ltd v Da Zhong Investment Pte Ltd and Others (No 2) [2004] SGHC 105
The court held that a defendant who elects not to call evidence is not liable for the plaintiff's costs of preparing for cross-examination, as such preparation is a basic part of trial preparation. However, a defendant may be liable for hearing fees thrown away if they fail to no
Ho Kian Cheong v Ho Kian Guan and Others [2004] SGHC 104
The court held that the doctrine of functus officio did not apply to an interlocutory application where no substantive order had been made, and that res judicata estoppel does not apply to the dismissal of an interlocutory application.
Re Will and Codicil of Tan Tye, deceased (No 2) [2004] SGHC 103
The term "male issue" in a will refers to male descendants in the exclusively male line, and the phrase "not including adopted male" excludes all adopted males and their descendants.
Sumio Sakata and Others v Fuminori Paul Naruse and Others [2004] SGHC 102
The court held that orders for security for costs should not be disturbed on appeal unless in exceptional circumstances, and that a change of solicitors by a defendant does not automatically justify an increase in the total security for costs ordered.
Lim Kok Koon v Tan Cheng Yew and Another [2004] SGHC 101
A law firm is not vicariously liable for a partner's acts as an express trustee, as acting as an express trustee is not part of the ordinary business of a solicitor.
Rajendran a/l Palany v Drill-Quip Asia Pacific Pte Ltd [2004] SGHC 100
The court held that an award for future medication was warranted for backache, but upheld the assistant registrar's decision to deny damages for loss of future earnings due to the appellant's malingering.
Intercontinental Specialty Fats Berhad v Bandung Shipping Pte Ltd and Others [2004] SGHC 1
This case clarifies the admissibility of market price evidence in commercial disputes. The court ruled that expert testimony based on trader offers is admissible as factual evidence of those offers, bypassing hearsay objections.
Lim Kaling v Hangchi Valerie [2003] SGHC 99
A spouse's potential claim for division of matrimonial assets under s 112 of the Women's Charter does not constitute a caveatable interest in land under the Land Titles Act until an actual order for division is made.
Standard Chartered Bank v Uniden Systems (S) Pte Ltd and Others [2003] SGHC 98
A wife who reposes trust and confidence in her husband regarding financial affairs may establish a presumption of undue influence (Class 2B), but the bank is not fixed with notice if there is nothing unusual in the relationship to warrant further investigation.
Nirumalan V Kanapathi Pillay v Teo Eng Chuan [2003] SGHC 96
The court held that pre-trial interest on damages is discretionary and may be diminished if the plaintiff is slow to prosecute the case, as the defendant has not kept the plaintiff out of his money.
Mahdi Bin Ibrahim Bamadhaj v Public Prosecutor [2003] SGHC 95
Exclusive possession of the premises where drugs are found is not a prerequisite for proving physical control of the drugs; physical control is a question of fact.
Peh Soh Kiat (mw) v Teo Wee Eng [2003] SGHC 94
An application for an increase in child maintenance is dismissed where the applicant fails to demonstrate a genuine need for the increase and the respondent is financially stretched.
A Kanesananthan v Singapore Ceylon Tamils' Association [2003] SGHC 93
The court held that an amended Constitution of an association, once approved by the Registrar of Societies, has legal force until ruled otherwise, and that internal errors in the drafting process must be resolved by the members in a General Meeting.
Re Bentimi Pte Ltd; In the Matter of Part X of the Companies Act, Chapter 50 (1994 Revised Edition) v In the Matter of Bentimi Pte Ltd [2003] SGHC 92
A winding-up petition based on a disputed debt where the debt is challenged on substantial grounds, such as forgery, should not be decided on the strength of a single document but should be resolved in a writ action.
Sinogreat International Trading Ltd v Hin Leong Trading (Pte) Ltd [2003] SGHC 91
The plaintiffs' claims for breach of contract were dismissed because the effective cause of the cargo's confiscation was the plaintiffs' own instruction to mis-describe the cargo in shipping documents, which led to a breach of PRC customs regulations.
Goh Yong Hng v Cheong Yen Teng (Zheng Yanping) (m.w.) and Another [2003] SGHC 89
A co-respondent in divorce proceedings is prima facie liable for costs of private investigation if their adultery necessitated the investigation, but the quantum of such costs must be reasonable and apportioned based on the co-respondent's responsibility.
Public Prosecutor v Tan Loon Lui [2003] SGHC 87
The court held that the respondent successfully rebutted the statutory presumption of drug consumption under s 22 of the Misuse of Drugs Act by providing credible evidence that his drink was spiked by a third party.
Nganthavee Teriya alias Gan Hui Poo v Ang Yee Lim Lawrence and Others (Lim Eng Hock Peter and Another, Third Parties) [2003] SGHC 86
A tortfeasor cannot claim contribution from a co-tortfeasor under s 11 of the Civil Law Act if doing so would allow the tortfeasor to retain part of the benefits derived from their own wrongful conduct.
Sincere Watch Limited v Bakery Mart Pte Ltd (Ng Yew Hong, Third Party) [2003] SGHC 85
A loan repayable on demand is liable to be garnished without the need for a prior demand by the judgment debtor on the garnishee.
Span Pacific Corporation v ASP Crew Management Ltd and Others [2003] SGHC 84
A plaintiff resident abroad is not automatically required to provide security for costs; the court considers the likelihood of success and the conduct of the parties.
Public Prosecutor v Poh Teck Huat [2003] SGHC 82
In cases of death caused by a rash act, particularly rash driving, a custodial sentence is the norm unless the case is highly unusual.