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Saravanan s/o Ganesan v Public Prosecutor [2003] SGHC 273
An appellate court will not disturb a trial judge's findings of fact unless they are plainly wrong or against the weight of evidence, especially where credibility is involved.
Supermix Concrete Pte Ltd v Econ Corp Ltd (Public Utilities Board, garnishees) [2003] SGHC 272
The court held that a garnishee order absolute should be set aside where there was material non-disclosure of the judgment debtor's insolvency and pending scheme of arrangement application. Attachment of a debt is only complete upon receipt of the funds.
UCO Bank v Golden View Maritime Pte Ltd [2003] SGHC 271
A Mareva injunction will not be granted where there is no objective evidence of a real risk of dissipation of assets, and the sale of a vessel by a one-ship company in the ordinary course of business does not constitute such evidence.
The "Dilmun Fulmar" [2003] SGHC 270
A settlement agreement discharges original claims unless it expressly provides for their revival upon breach. If the agreement is affirmed after a repudiatory breach, the original claim cannot be revived.
Tan Siew Eng @ Tan Siew Eng Irene (m.w.) v Ng Meng Hin [2003] SGHC 27
The court held that the wife had repudiated the Settlement Agreement, which the husband had accepted, and that the parties had not subsequently elected to proceed on the basis of the Settlement Agreement. However, the court exercised its discretion under s 112 of the Women's Char
Asiawerks Global Investment Group Pte Ltd v Ismail bin Syed Ahmad and Another [2003] SGHC 269
In Asiawerks Global Investment Group v Ismail bin Syed Ahmad, the High Court dismissed the plaintiff's claims. Despite finding a breach of duty regarding diverted business, the court ruled that no damages were recoverable as the plaintiff failed to prove actual loss or illicit profits.
Han Yung Ting v Public Prosecutor [2003] SGHC 268
The court held that previous inconsistent statements made to police are admissible as substantive evidence under s 147(3) of the Evidence Act, and that the trial judge was correct in preferring these statements over the witness's recanted testimony in court.
Karuppannrgounder Paramasivam t/a Sri Maharaja Industries v Kearns Pte Ltd [2003] SGHC 267
The court found that the alleged wash out contracts were not genuine transactions but were created for the plaintiff's own purposes, and therefore dismissed the plaintiff's claims.
Public Prosecutor v Lee Hong Hwee [2003] SGHC 266
The proviso in a motor insurance policy regarding 'permission to drive' refers to the driver's legal ability to drive, not the vehicle's licensing status.
Re G (guardianship of an infant) [2003] SGHC 265
Where parents have an acrimonious relationship, a joint custody order may be inappropriate, but it does not automatically follow that sole custody should be granted to one parent. If there is no immediate need to settle custody, the court may make no order as to custody, leaving
Tan Soo Giem v Yeo Ching Chua [2003] SGHC 264
A Subordinate Court has jurisdiction to extend the time to file for leave to appeal to itself under O 55D r 4(2) and r (3) of the Rules of Court.
LK Ang Construction Pte Ltd v Chubb Singapore Pte Ltd (judgment on costs) [2003] SGHC 263
An offer to settle does not automatically withdraw a previous offer unless expressly stated. The court must determine favourability of a judgment sum inclusive of costs against an offer inclusive of costs, which may require taxation.
Justlogin Pte Ltd and Another v Oversea-Chinese Banking Corp Ltd and Another [2003] SGHC 262
In Justlogin Pte Ltd v OCBC [2003] SGHC 262, the High Court ruled the defendants breached their contractual 'best endeavours' obligation. The court held that such a clause requires proactive, reasonable efforts in good faith to achieve the objective, rather than passive observation.
Chua Chye Tiong v Public Prosecutor [2003] SGHC 261
A manager of a company can be held liable for strict liability offences under the Road Traffic Act and Motor Vehicles (Third-Party Risks and Compensation) Act if they have care and control of the vehicles and endorse a lax practice that leads to the commission of the offence.
Norsiah binte Samat v Neo Poh Guan and Another [2003] SGHC 260
The court held that the test for determining whether a reply to a requisition is satisfactory is an objective one, viewed from the perspective of a reasonably determined purchaser.
Cheung Kan Lam v Public Prosecutor [2003] SGHC 26
An appellate court will not overturn findings of fact unless they are against the weight of evidence, and a co-accused's confession can be relied upon for conviction without corroboration.
Lee Theng Yiow v Ismail bin Muhamad [2003] SGHC 259
The court assessed damages for the estate and dependants following a fatal accident, rejecting claims for loss of use of a car where insurance was received and adjusting dependency claims based on the deceased's likely return to work.
AD v AE [2003] SGHC 258
In AD v AE, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Appeals.
Re Yeh Ee Swan [2003] SGHC 257
An order appointing a Committee of the Person and Estate under the Mental Disorders and Treatment Act is generally worded and sufficient to authorise the Committee to manage and operate the subject's bank accounts without needing specific court orders for each transaction.
American Express Bank Ltd v Abdul Manaff bin Ahmad and Another and Other Appeals [2003] SGHC 256
Section 13(c) of the Supreme Court of Judicature Act (Cap 322) exempts the wages and salary of a judgment debtor from garnishment.
Excel Golf Pte Ltd v Allied Domecq Spirits & Wine (Singapore) Ltd [2003] SGHC 255
The court has no power in a breach of contract case to order a defendant to publish a public apology.
The Melati [2003] SGHC 254
The court held that the failure to serve a Statement of Claim on time and without leave is an irregularity under Order 2 r 1, which does not nullify the proceedings, and that the court has the power to extend time for service.
Velstra Pte Ltd (in liquidation) v Dexia Bank Belgium [2003] SGHC 253
The court has discretion to stay civil proceedings where there are concurrent criminal proceedings, but the burden is on the applicant to show a real danger of prejudice.
B Subramaniam a/l Banget Raman v Public Prosecutor [2003] SGHC 252
The definition of 'harbouring' under the Immigration Act includes the act of giving a ride or lift to an immigration checkpoint to an immigration offender, even if the assistance is subtle.