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Sulaiman bin Jumari v Public Prosecutor [2024] SGCA 40

The Court of Appeal held that a criminal motion seeking a stay of execution based on an ongoing civil proceeding challenging the constitutionality of the PACC procedure is without merit where the applicant has no new material to challenge the conviction and sentence.

Sushant Shukla· ·15 min read
Singapore

Re Estate of BKR, deceased [2024] SGCA 4

The court's jurisdiction under the Mental Capacity Act 2008 ends upon the death of the incapacitated person, and the court has no jurisdiction to grant orders for remuneration or authorisation of fees for deputies after the person's demise.

Sushant Shukla· ·15 min read
Singapore

Syed Suhail bin Syed Zin and others v Attorney-General [2024] SGCA 39

The court held that the Singapore Prison Services and the Attorney-General's Chambers acted unlawfully in requesting and disclosing prisoners' personal correspondence without legal basis, and that such disclosure constituted a breach of confidence.

Sushant Shukla· ·14 min read
Singapore

Mohammad Azwan bin Bohari v Public Prosecutor [2024] SGCA 38

In Mohammad Azwan bin Bohari v Public Prosecutor, the Court of Appeal of the Republic of Singapore addressed issues of Constitutional Law — Equal protection of the law, Constitutional Law — Fundamental liberties.

Sushant Shukla· ·9 min read
Singapore

Pausi bin Jefridin v Public Prosecutor and other matters [2024] SGCA 37

The Court of Appeal dismissed several criminal motions brought by prisoners awaiting capital punishment, holding that the disclosure of their correspondence to the Attorney-General's Chambers after their convictions and appeals had concluded could not have affected the integrity

Sushant Shukla· ·16 min read
Singapore

S Iswaran v Public Prosecutor [2024] SGCA 35

The Court of Appeal held that a question of law is not of public interest if it is settled by established legal principles or does not admit of difficulty. The court also clarified that the Prosecution's disclosure obligations under s 214(1)(d) of the CPC are limited to statement

Sushant Shukla· ·13 min read
Singapore

Siva Raman v Public Prosecutor [2024] SGCA 34

In Siva Raman v Public Prosecutor, the Court of Appeal of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Criminal review.

Sushant Shukla· ·9 min read
Singapore

Lim Wei Fong Nicman v Public Prosecutor [2024] SGCA 33

The court held that the chain of custody was established by DNA evidence and that the defence of duress was unavailable as the threats did not compel the appellant to commit the offence and the appellant had voluntarily placed himself in the situation.

Sushant Shukla· ·14 min read
Singapore

The “Sea Justice” [2024] SGCA 32

The loss of security obtained in an in rem action is not a legitimate juridical advantage under the second stage of the Spiliada test where a limitation fund is already available in the appropriate forum.

Sushant Shukla· ·14 min read
Singapore

Winson Oil Trading Pte Ltd v Oversea-Chinese Banking Corp Ltd and another appeal [2024] SGCA 31

The Fraud Exception for letters of credit is engaged where a beneficiary makes a false representation knowingly, or without belief in its truth, which includes being reckless in the sense of being indifferent to the truth.

Sushant Shukla· ·14 min read
Singapore

Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd and another [2024] SGCA 30

The Singapore Court of Appeal dismissed Star Engineering's appeal in [2024] SGCA 30, affirming a stay of proceedings in favor of arbitration. The Court criticized the parties' procedural impasse over commencing arbitration, ruling that the performance bond dispute fell within the arbitration agreeme

Sushant Shukla· ·8 min read
Singapore

Alternative Advisors Investments Pte Ltd v Asidokona Mining Resources Pte Ltd and another [2024] SGCA 3

A principal cannot ratify a contract if the agent did not purport to act on the principal's behalf at the time of the contract's formation.

Sushant Shukla· ·13 min read
Singapore

CRH v Public Prosecutor [2024] SGCA 29

In CRH v Public Prosecutor, the Court of Appeal of the Republic of Singapore addressed issues of Criminal Law — Appeal; Criminal Procedure and Sentencing — Sentencing.

Sushant Shukla· ·8 min read
Singapore

Lo Kok Jong v Eng Beng [2024] SGCA 28

In Lo Kok Jong v Eng Beng, the Court of Appeal of the Republic of Singapore addressed issues of Damages — Measure of damages, Damages — Rules in awarding.

Sushant Shukla· ·9 min read
Singapore

Tan Yew Huat v Sin Joo Huat Hardware Pte Ltd and another matter [2024] SGCA 27

The court held that a valid settlement agreement was concluded between the parties and that the doctrine of common mistake was not applicable as the parties were aware of the trust arrangement. Furthermore, the availability of a voluntary winding up is a factor that militates aga

Sushant Shukla· ·13 min read
Singapore

Moad Fadzir bin Mustaffa v Public Prosecutor [2024] SGCA 26

The court dismissed the application for a stay of execution as the applicant failed to provide any new grounds for review and was barred from filing further review applications.

Sushant Shukla· ·11 min read
Singapore

BWJ v Public Prosecutor [2024] SGCA 25

In BWJ v Public Prosecutor, the Court of Appeal of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Criminal review.

Sushant Shukla· ·8 min read
Singapore

Magendran Muniandy v Public Prosecutor [2024] SGCA 23

The court held that a judge's preparation for a hearing by reading materials and forming provisional views does not constitute pre-judgment, provided the judge maintains an open mind to be persuaded by oral arguments.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Muhammad Salihin bin Ismail [2024] SGCA 22

In Public Prosecutor v Muhammad Salihin bin Ismail, the Court of Appeal of the Republic of Singapore addressed issues of Criminal Law — Offences.

Sushant Shukla· ·8 min read
Singapore

Crapper Ian Anthony v Salmizan bin Abdullah [2024] SGCA 21

In Crapper Ian Anthony v Salmizan bin Abdullah, the Court of Appeal of the Republic of Singapore addressed issues of Civil Procedure — Judgments and orders, Tort — Negligence.

Sushant Shukla· ·9 min read
Singapore

Ascentra Holdings, Inc (in official liquidation) and others v SPGK Pte Ltd [2024] SGCA 2

The Singapore Court of Appeal declined to impose blanket, pre-emptive conditions on foreign liquidators during the recognition of a Cayman liquidation. The Court ruled that existing procedural safeguards are sufficient, rejecting requests for prior court permission for investigation actions.

Sushant Shukla· ·8 min read
Singapore

DBL v DBM [2024] SGCA 19

An aggrieved party cannot argue a breach of natural justice if it failed to raise an objection before the tribunal at the material time. Furthermore, curial intervention requires proof of actual or real prejudice caused by the breach.

Sushant Shukla· ·14 min read
Singapore

Xu Yuanchen v Public Prosecutor [2024] SGCA 17

Applications for criminal references under s 397 of the Criminal Procedure Code must satisfy four conditions, including that the question must be one of law of public interest. A question is not of public interest if it is settled by the highest court or if it is a mere question

Sushant Shukla· ·14 min read
Singapore

Lim Suk Ling Priscilla and another v Amber Compounding Pharmacy Pte Ltd and another [2024] SGCA 16

In a breach of confidence claim, a plaintiff may plead wrongful gain and wrongful loss interests in the alternative, but cannot claim both for the same set of documents or information as the Coco and I-Admin tests are mutually exclusive in that context.

Sushant Shukla· ·13 min read