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Loh Cheng Lee Aaron and another v Hodlnaut Pte Ltd (Zhu Juntao and others, non-parties) [2023] SGHC 323

Cryptocurrency obligations count as debts for the purpose of determining insolvency under the IRDA, and the company was found to be cash flow insolvent.

Sushant Shukla· ·13 min read
Singapore

Karan Bagga v Stichting Chemical Distribution Institute [2023] SGHC 322

In Karan Bagga v Stichting Chemical Distribution Institute, the High Court of the Republic of Singapore addressed issues of Tort — Defamation.

Sushant Shukla· ·9 min read
Singapore

Attorney-General v Ravi s/o Madasamy and another matter [2023] SGHC 321

The judgment in Attorney-General v Ravi s/o Madasamy and another matter [2023] SGHC 321 represents a significant milestone in the sentencing jurisprudence under the Administration of Justice (Protection) Act 2016 (AJPA). Following a prior determination of liability in [2023] SGHC

Sushant Shukla· ·13 min read
Singapore

Intertek Testing Services (Singapore) Pte Ltd v Haidir bin Mohamad Khir [2023] SGHC 320

In Intertek Testing Services (Singapore) Pte Ltd v Haidir bin Mohamad Khir, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Discovery, Contract — Breach.

Sushant Shukla· ·9 min read
Singapore

Lim How Teck v Laguna National Golf and Country Club Ltd and another matter [2023] SGHC 32

A no-action clause in a trust deed does not preclude a noteholder from pursuing winding-up proceedings against the issuer if the trustee is in a position of conflict of interest.

Sushant Shukla· ·15 min read
Singapore

CoShield Global Pty Ltd and others v Krittapaj Sorralump [2023] SGHC 319

Committal proceedings for civil contempt are not appropriate for the enforcement of monetary judgments against an impecunious judgment debtor who is simply unable to pay.

Sushant Shukla· ·15 min read
Singapore

Law Society of Singapore v de Souza Christopher James [2023] SGHC 318

The Court of Three Judges held that the Fourth Charge of suppressing evidence under r 10(3)(a) of the Legal Profession (Professional Conduct) Rules 2015 requires proof of subjective intention, which was not established in this case.

Sushant Shukla· ·15 min read
Singapore

Swift Maids Pte Ltd and another v Cheong Yi Qiang and others [2023] SGHC 317

An employee breaches their employment contract by engaging in competitive activities and failing to devote their time and skills to their employer's interests, but nominal damages are awarded if the employer fails to prove actual loss.

Sushant Shukla· ·15 min read
Singapore

Re Attorney-General (liquidators of oCap Management Pte Ltd, non-party) [2023] SGHC 316

The court held that paragraph 14(2)(a) of the Third Schedule to the MACMA restricts the court's power to grant a restraint order where it would inhibit a liquidator from performing the act of distribution to creditors or other functions serving that purpose, and paragraph 14(2)(b

Sushant Shukla· ·15 min read
Singapore

61 Robinson Pte Ltd v Viva Capital (SG) Pte Ltd [2023] SGHC 315

In 61 Robinson Pte Ltd v Viva Capital (SG) Pte Ltd, the High Court of the Republic of Singapore addressed issues of Insolvency Law — Winding up.

Sushant Shukla· ·8 min read
Singapore

Khoo Phaik Eng Katherine and another v Khoo Phaik Ean Patricia and another [2023] SGHC 314

The court held that the conversion of personal bank accounts into joint-alternate accounts did not automatically confer beneficial interest on the survivors where the evidence showed the deceased intended to retain beneficial ownership for his estate.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Jeffrey Pe [2023] SGHC 313

In Public Prosecutor v Jeffrey Pe, the High Court of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Statements, Criminal Law — Offences.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v CSK [2023] SGHC 312

In Public Prosecutor v CSK [2023] SGHC 312, the High Court applied the totality principle to reduce a 24-year term to 17 years plus 12 months in lieu of caning, ruling that the original aggregate sentence would have been disproportionately crushing for the accused.

Sushant Shukla· ·7 min read
Singapore

M Badiuzzaman and others v Salma Islam and others [2023] SGHC 311

In M Badiuzzaman v Salma Islam [2023] SGHC 311, the High Court awarded general damages for defamation but dismissed the claim for special damages, ruling that the claimants failed to provide sufficient evidence linking the cancellation of a loan facility to the defendants' defamatory statements.

Sushant Shukla· ·8 min read
Singapore

Ching Hwa Ming (Qin Huaming) v Public Prosecutor and another appeal [2023] SGHC 310

The case clarifies the application of the Romel sentencing framework to private sector corruption offences under s 5 of the PCA, distinguishing it from the framework in Goh Ngak Eng which applies to s 6 offences.

Sushant Shukla· ·13 min read
Singapore

Mahmud Ebrahim Kasam Munshi v Mohamed Saleh [2023] SGHC 309

The court held that the defendant held the joint account and a portion of the JC Court Property on a resulting trust for the Mother's estate, as the defendant failed to rebut the presumption of resulting trust with evidence of a common intention or advancement.

Sushant Shukla· ·17 min read
Singapore

Peloso, Matthew v Vikash Kumar and another [2023] SGHC 308

A claim should be struck out if the claimant's own expert evidence renders the pleaded case factually impossible, such that there is no longer a triable issue of fact.

Sushant Shukla· ·13 min read
Singapore

Cradle Wealth Solutions Pte Ltd v MTN Consultants & Building Management Pte Ltd and another [2023] SGHC 307

The court held that the Settlement Agreement was not a sham and that the parol evidence rule, reinforced by an entire agreement clause, precluded the defendants from relying on an alleged oral condition precedent.

Sushant Shukla· ·14 min read
Singapore

Ng Kok Wai v Public Prosecutor [2023] SGHC 306

Section 3 of the Penal Code is an extraterritorial application provision that, when read with a jurisdictional provision like s 50(2)(c) of the State Courts Act, allows Singapore courts to try offences committed by Singapore citizens on the high seas.

Sushant Shukla· ·12 min read
Singapore

Affert Resources Pte Ltd (in compulsory winding up) v Industries Chimiques du Senegal and another [2023] SGHC 305

The court held that the test for granting an extension of time in interlocutory applications should balance the parties' interests and the court's interest in the due administration of justice, rather than focusing solely on whether prejudice can be compensated by costs.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Khor Khai Gin Davis [2023] SGHC 304

In Public Prosecutor v Khor Khai Gin Davis, the High Court of the Republic of Singapore addressed issues of Criminal Procedure and Sentencing — Sentencing.

Sushant Shukla· ·8 min read
Singapore

Value Monetization III Ltd v Lim Beng Choo and another matter (Crest Capital Asia Pte Ltd and others, third parties) [2023] SGHC 303

The Singapore High Court dismissed appeals in Value Monetization III Ltd v Lim Beng Choo, affirming the striking out of third-party claims as time-barred. The court ruled the claims were an abuse of process, as they attempted to re-litigate factual findings settled in previous proceedings.

Sushant Shukla· ·7 min read
Singapore

Hyphen Trading Ltd v BLPL Singapore Pte Ltd and others [2023] SGHC 302

The court refused to order a sale of cargo pendente lite under O 13 r 4(1) of the Rules of Court 2021 because the claimant failed to show that the cargo was likely to diminish in value or that a sale was otherwise desirable, especially given the claimant's undertaking to bear pre

Sushant Shukla· ·15 min read
Singapore

Natixis, Singapore Branch v Lim Oon Kuin and others [2023] SGHC 301

A party has a duty to take reasonable steps to search for relevant documents in their possession, custody or power, and this duty extends to making reasonable efforts to request documents from third parties. The test for 'power' over documents is the practical ability to access o

Sushant Shukla· ·15 min read