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Founder Group (Hong Kong) Ltd (in liquidation) v Singapore JHC Co Pte Ltd [2023] SGHC 159

An insolvency court must adopt the AnAn approach when a winding up application is based on a debt subject to an arbitration agreement, requiring the court to stay or dismiss the application if the arbitration agreement is prima facie valid and covers the dispute, unless there is

Sushant Shukla· ·14 min read
Singapore

Mrs Spykerman Chwee Wah Christina née Lim and others v Yow Jia Wen and others [2023] SGHC 158

The court held that the 80% consent requirement for a collective sale under s 84A(1)(b) of the LTSA can be satisfied by aggregating consents obtained through multiple supplemental agreements, provided they are contractually linked.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Yeo Liang Hou and another [2023] SGHC 157

The court held that the Prosecution proved beyond reasonable doubt that the accused persons were guilty of trafficking in methamphetamine, rejecting the first accused's 'wrong delivery' defence and finding the second accused's delivery of the drugs established through circumstant

Sushant Shukla· ·14 min read
Singapore

Dr Who Waterworks Pte Ltd and others v Dr Who (M) Sdn Bhd and others [2023] SGHC 156

The court held that the defendants infringed the plaintiffs' trade marks and committed passing off by using signs similar to the plaintiffs' registered marks in Singapore, and that the defendants were liable for breach of the Deed.

Sushant Shukla· ·18 min read
Singapore

Public Prosecutor v Muhammad Salihin bin Ismail [2023] SGHC 155

The court held that in a case involving multiple injuries or multiple causes to an injury, the court must identify and isolate the injury actually inflicted by the accused to apply the Virsa Singh test for murder under s 300(c) of the Penal Code.

Sushant Shukla· ·13 min read
Singapore

Li See Kit Lawrence v Debate Association (Singapore) [2023] SGHC 154

The court held that an unincorporated association's disciplinary actions (a ban and notification to partners) were ultra vires its constitution and breached natural justice where the constitution lacked clear disciplinary powers and the member was denied a fair hearing.

Sushant Shukla· ·14 min read
Singapore

Parastate Labs Inc v Wang Li and others [2023] SGHC 153

The court held that a Mareva injunction quantum should be set based on the applicant's ability to meet its undertaking as to damages, and that material non-disclosure (including failure to provide prescribed undertakings) is a relevant factor in determining whether to grant or li

Sushant Shukla· ·13 min read
Singapore

Adcrop Pte Ltd v Gokul Vegetarian Restaurant and Cafe Pte Ltd (Rajeswary d/o Sinan and another, non-parties) [2023] SGHC 152

A winding up application may be dismissed as an abuse of process if it is motivated by a collateral purpose, such as wresting control of a company's business, even if the company is insolvent.

Sushant Shukla· ·13 min read
Singapore

Proofpoint, Inc v Maiwand Youssoftay [2023] SGHC 150

The court dismissed an application for evidence to be obtained in Singapore under the Evidence (Civil Proceedings in Other Jurisdictions) Act 1979 because the document relied upon (a 'Commission to Take Deposition Outside California') did not unambiguously evidence a request from

Sushant Shukla· ·15 min read
Singapore

Neverland Investment Holdings Pte Ltd v P.T Pte Ltd and others [2023] SGHC 15

The court held that it is appropriate to impose a condition of security for leave to defend when the defendant's case is unsubstantiated and the overall impression calls for a demonstration of commitment. The court reduced the security amount to reflect the value of the deposit m

Sushant Shukla· ·13 min read
Singapore

COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others [2023] SGHC 149

A limitation action is a special proceeding where a shipowner enforces its right to limit liability, and service of the originating claim on one named defendant is sufficient to establish the court's jurisdiction.

Sushant Shukla· ·14 min read
Singapore

Re All Measure Technology (S) Pte Ltd (RHB Bank Bhd, non-party) [2023] SGHC 148

A moratorium application under s 64 of the IRDA will be dismissed if the applicant fails to comply with procedural requirements (such as notice publication and creditor lists) and fails to demonstrate that the proposed scheme is sufficiently particularised and supported by credit

Sushant Shukla· ·13 min read
Singapore

Lang Ren Jee Renata Mrs Tay Ren Jee Renata v Toh Yih Wei [2023] SGHC 147

A defendant cannot challenge the issue of causation at the assessment of damages stage if interlocutory judgment has already been entered.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Zin Mar Nwe [2023] SGHC 146

The accused failed to establish the defence of diminished responsibility as she was not suffering from an abnormality of mind caused by mental illness at the time of the offence.

Sushant Shukla· ·13 min read
Singapore

Iseli Rudolf James Maitland v Public Prosecutor [2023] SGHC 145

In Iseli Rudolf James Maitland v Public Prosecutor [2023] SGHC 145, the High Court allowed the amendment of a Petition of Appeal. Despite rejecting broader conspiracy arguments, the Court granted the application to ensure the accused could challenge specific cross-examination findings.

Sushant Shukla· ·8 min read
Singapore

Konica Minolta Business Solutions Asia Pte Ltd v NPE Print Communications Pte Ltd [2023] SGHC 144

The decision in Konica Minolta Business Solutions Asia Pte Ltd v NPE Print Communications Pte Ltd [2023] SGHC 144 serves as a significant clarification of the principles governing the identification of contractual terms in complex commercial transactions involving both written in

Sushant Shukla· ·14 min read
Singapore

Carlos Manuel De São Vicente v Public Prosecutor [2023] SGHC 143

The court held that an application for the release of seized property under s 35(8)(b)(i) of the CPC requires the applicant to prove that the release is necessary, that there are no alternative sources of funding, and that the funds are to be used exclusively for legal fees incur

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Mustaqim bin Abdul Kadir [2023] SGHC 142

The court held that the accused was guilty of trafficking in diamorphine as the evidence showed he was actively involved in the supply chain and his defence of mistaken delivery was a concoction.

Sushant Shukla· ·16 min read
Singapore

Auto Lease (Pte) Ltd v San Hup Bee Motor LLP and others [2023] SGHC 141

A third party who has been directed to be bound by the result of a trial has locus standi to appeal a judgment given in favour of the plaintiff against the defendant.

Sushant Shukla· ·15 min read
Singapore

Oliver Lim Yue Xuan v Public Prosecutor [2023] SGHC 140

In Oliver Lim Yue Xuan v PP [2023] SGHC 140, the High Court substituted a reformative training order with a Probation Order. The court prioritized the appellant's rehabilitation, citing his academic success and stable employment as evidence of his potential for a second chance.

Sushant Shukla· ·8 min read
Singapore

Government of the City of Buenos Aires v HN Singapore Pte Ltd and another [2023] SGHC 139

The court held that the governing law of the contract was Argentine law, and that the defendant was in repudiatory breach of contract. The corporate veil was lifted under Argentine law to hold the sole director/shareholder personally liable.

Sushant Shukla· ·14 min read
Singapore

Han Li Ying Kirsten v Attorney-General [2023] SGHC 137

A conditional warning issued by the police in lieu of prosecution for contempt of court does not have legal effect and is therefore not susceptible to judicial review.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Tan Yew Sin [2023] SGHC 136

The court held that the accused had established on a balance of probabilities that he believed in good faith, after exercising due care and attention, that the complainant had the capacity to consent and did in fact consent to the sexual acts, thereby making out the defence of mi

Sushant Shukla· ·14 min read
Singapore

Ow Gan Wee v Public Prosecutor [2023] SGHC 135

The court held that preventive detention was appropriate given the appellant's repeated offending and the failure of past rehabilitative sentences.

Sushant Shukla· ·14 min read