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Public Prosecutor v Soo Cheow Wee and another appeal [2023] SGHC 204

The court held that an offender's mental condition can be a mitigating factor if it is causally linked to the offending behaviour, and that the court must assess the offender's insight into their condition and the impact of substance abuse on their mental state.

Sushant Shukla· ·14 min read
Singapore

Nail Palace (BPP) Pte Ltd v v Competition and Consumer Commission of Singapore and another appeal [2023] SGHC 203

The court affirmed that accompanying orders under the CPFTA are intended to inform consumers, enhance monitoring, and deter unfair practices, and that such orders are not contingent on a breach of an injunction.

Sushant Shukla· ·15 min read
Singapore

Xu Yuan Chen (alias Terry Xu) v Attorney-General [2023] SGHC 200

The court dismissed the appellant's appeal against a Correction Direction issued under the POFMA, finding that the subject statements were false and that the appellant failed to establish a prima facie case for setting aside the direction.

Sushant Shukla· ·13 min read
Singapore

Kong Wei Keong Marcus v Public Prosecutor [2023] SGHC 20

The court affirmed the conviction and sentence, finding that the appellant's claims of consent and psychiatric manipulation were unsupported by evidence and inconsistent with his own admissions.

Sushant Shukla· ·12 min read
Singapore

The “Ambassador” [2023] SGHC 2

A mortgagee is entitled to elect to enforce its remedies against the proceeds of sale of a vessel, and is not required to first exhaust other security provided by the defendant, provided there is no double recovery.

Sushant Shukla· ·14 min read
Singapore

ByBit Fintech Ltd v Ho Kai Xin and others [2023] SGHC 199

USDT is a chose in action and is property capable of being held on trust.

Sushant Shukla· ·13 min read
Singapore

Interactive Digital Finance Ltd and another v Credit Suisse AG and another [2023] SGHC 198

Case Details * Citation: [2023] SGHC 198 * Case Number: Originating Claim No 225 of 2023 (Registrar’s Appeal No 95 of 2023) * Decision Date: 24 July 2023 * Court: General Division of the High

Sushant Shukla· ·14 min read
Singapore

ONGC Petro additions Ltd v DL E&C Co, Ltd (formerly known as Daelim Industrial Co Ltd) [2023] SGHC 197

An arbitral tribunal does not act in excess of jurisdiction by revisiting issues in a quantum phase that were not conclusively determined in a bifurcated liability award, and a tribunal's reasoning based on evidence and arguments presented during the proceedings does not breach n

Sushant Shukla· ·15 min read
Singapore

Lau Sheng Jan Alistair v Lau Cheok Joo Richard and another [2023] SGHC 196

The court held that the Trust Deed was not a sham and was not unenforceable for illegality, thus allowing the sole beneficiary to terminate the trust under the rule in Saunders v Vautier.

Sushant Shukla· ·14 min read
Singapore

Razer (Asia-Pacific) Pte Ltd v Capgemini Singapore Pte Ltd [2023] SGHC 195

In Razer (Asia-Pacific) Pte Ltd v Capgemini Singapore Pte Ltd, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Costs.

Sushant Shukla· ·8 min read
Singapore

Tey Leng Yen v Mai Xun Yao [2023] SGHC 194

The court held that permission to appeal against a costs order will only be granted if the applicant demonstrates a prima facie case of error, a question of general principle decided for the first time, or a question of importance, and that the applicant failed to meet this thres

Sushant Shukla· ·14 min read
Singapore

Hon G v Tan Pei Li [2023] SGHC 193

Permission to appeal against a District Judge's decision is refused where the applicant fails to demonstrate a prima facie case of error or a question of general principle decided for the first time.

Sushant Shukla· ·15 min read
Singapore

Ho Chee Kian v Ho Kwek Sin [2023] SGHC 192

In Ho Chee Kian v Ho Kwek Sin, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Summary judgment, Contract — Discharge.

Sushant Shukla· ·9 min read
Singapore

The National University of Singapore v Ten Leu Jiun Jeanne-Marie [2023] SGHC 191

The court granted an extended civil restraint order (ECRO) against the defendant for persistently commencing actions and applications that were totally without merit, specifically regarding her repeated attempts to relitigate a judgment obtained against her by the claimant.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Loh Cheok San [2023] SGHC 190

In Public Prosecutor v Loh Cheok San [2023] SGHC 190, the High Court allowed the Prosecution's appeal, increasing the respondent's aggregate sentence from 65 to 80 months' imprisonment. The Court ruled the original sentence was manifestly inadequate, emphasizing the totality principle's dual functio

Sushant Shukla· ·8 min read
Singapore

Re Kirkham International Pte Ltd (in compulsory liquidation) [2023] SGHC 19

The court has no power to retrospectively authorise the appointment of a solicitor by a liquidator under s 144(1) of the IRDA, as the statute requires authorisation to be obtained prior to the appointment.

Sushant Shukla· ·14 min read
Singapore

Foo Kok Boon v Ngow Kheong Shen and others and another matter [2023] SGHC 189

The court held that the doctrine of prospective overruling applies to the decision in Salmizan, meaning it does not apply to interlocutory judgments entered before 30 March 2023.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Tan Teck Leong Melvin [2023] SGHC 188

The court established a sentencing framework for fraudulent evasion of GST under s 128D of the Customs Act, using a regressive multiplier based on the amount of GST evaded, and provided a framework for default imprisonment terms.

Sushant Shukla· ·11 min read
Singapore

Huang Xiaoyue v Public Prosecutor [2023] SGHC 187

In Huang Xiaoyue v Public Prosecutor [2023] SGHC 187, the High Court reduced the appellant's sentence from 24 weeks to 18 weeks, ruling the original term manifestly excessive. The decision clarifies sentencing frameworks for Massage Establishments Act breaches and the assessment of remorse.

Sushant Shukla· ·7 min read
Singapore

JP Nelson Equipment Pte Ltd v Builders Hub Pte Ltd [2023] SGHC 186

The court may set aside an adjudication determination on the ground of fraud if the fraud is proven, even if the strict two-step test in Facade Solution is not fully met, as fraud unravels everything.

Sushant Shukla· ·14 min read
Singapore

DAY v DAZ [2023] SGHC 185

A dispute over whether a specific dispute resolution mechanism (ST 3.3 and 3.4) applies to a particular matter is not itself a dispute 'subject to' that mechanism, and therefore falls within the scope of the general arbitration agreement (GT 14).

Sushant Shukla· ·15 min read
Singapore

Sakthivel Sivasurian v Public Prosecutor [2023] SGHC 184

The High Court's revisionary powers can be exercised over a State Court's decision to deny bail, provided the threshold of 'serious injustice' is met. The court has the power under s 103(4) of the CPC to revoke bail if the accused has breached bail conditions, and this power is n

Sushant Shukla· ·12 min read
Singapore

Deniyal bin Kamis v Mapo Engineering Pte Ltd and others [2023] SGHC 183

The judgment in Deniyal bin Kamis v Mapo Engineering Pte Ltd and others [2023] SGHC 183 represents a significant exploration of the boundaries of minority oppression under Section 216 of the Companies Act 1967 , particularly within the context of closely-held private companies ma

Sushant Shukla· ·18 min read
Singapore

Public Prosecutor v Affandi bin Mohamed Hassan [2023] SGHC 182

The accused was convicted of drug trafficking under the Misuse of Drugs Act after failing to rebut the presumption of trafficking and failing to prove the courier defence on a balance of probabilities.

Sushant Shukla· ·12 min read