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MCI Worldcom Asia Pte Ltd v Chembell Technology Sdn Bhd [2003] SGHC 251
The court held that the defence of illegality failed as the defendant did not prove that the services provided by the plaintiff were in contravention of Malaysian telecommunications law.
Pan-West (Pte) Ltd v Grand Bigwin Pte Ltd [2003] SGHC 250
The court held that the defendants' sale of golf clubs bearing the 'KATANA' mark infringed the plaintiffs' registered trade mark in Singapore, as the defendants lacked the plaintiffs' consent. The court also found the defendants liable for passing off.
Public Prosecutor v Teng Boon Leng [2003] SGHC 25
The court held that an inference must account for all known facts and be the only reasonable inference to be drawn to be valid in criminal proceedings.
Poh Sai v Public Prosecutor [2003] SGHC 249
The court held that the appellant's conduct was consistent with that of a shoplifter, despite the lack of concealment, given the evidence of her suspicious behaviour and the crowd conditions.
Public Prosecutor v Oh Hu Sung [2003] SGHC 248
A judge is generally functus officio after sentence is pronounced, and s 217(2) of the Criminal Procedure Code is an exception that must be strictly construed, requiring an obvious mistake or one admitted by all parties to be rectified before the court rises for the day.
Group Exklusiv Pte Ltd v Diethelm Singapore Pte Ltd [2003] SGHC 247
A purchaser is entitled to rescind a contract for the sale of land subject to planning approval if the relevant authority has provided a clear and conclusive rejection of the application, and the purchaser has taken all reasonable steps to obtain such approval.
United Overseas Bank Limited v Victor F A Fernandez [2003] SGHC 246
The court held that s 65(3) of the Bankruptcy Act refers to contingent liabilities, not contingent assets, and that a debtor cannot rebut the presumption of inability to pay debts under s 62 of the Act by mere assertions of future assets.
Sum Lye Heng (also known as Lim Jessie) v Management Corporation Strata Title Plan No 2285 and Others [2003] SGHC 245
The High Court has inherent jurisdiction to grant a permanent stay of criminal proceedings (including private summonses) if they are an abuse of process, such as when they are initiated for an improper collateral purpose or lack any proper foundation.
Hup Huat Food Industries (S) Pte Ltd v Liang Chiang Heng and Others [2003] SGHC 244
The Singapore High Court dismissed most claims against the Liang brothers, finding no breach of fiduciary duty in Hup Huat Food Industries v Liang Chiang Heng. The court ruled that informal remuneration practices were commercially defensible, though judgment was entered for specific trademark issues
Pacific Rim Palm Oil Ltd v PT Asiatic Persada and Others [2003] SGHC 243
A Quistclose trust arises when money is advanced for a specific purpose that fails, and the lender retains an equitable interest in the funds.
Tech Pacific (S) Pte Ltd v Pritam Kaur d/o Joginder Singh formerly trading as Eshar Security Services and Another [2003] SGHC 242
A landlord is not liable for theft of a tenant's goods in the absence of an express contractual term, and a security guard's failure to prevent theft is not a culpable omission unless there is proof of a specific negligent act.
Oakwell Engineering Ltd v Energy Power Systems Ltd [2003] SGHC 241
Where a party is under an express obligation to pay money on a certain event, they cannot by their own act prevent the occurrence of that event to avoid the obligation.
Ang Leng Hock v Leo Ee An [2003] SGHC 240
The court assessed damages for a plaintiff involved in a road traffic accident, determining pre-trial loss of earnings based on under-declared income and awarding general damages for pain and suffering based on medical evidence.
Koh Ewe Chee v Koh Hua Leong and Another [2003] SGHC 24
In the absence of an express agreement, the presumption of equality among partners under section 24 of the Partnership Act applies.
Computer Interface Singapore Ltd v Compaq Computer Asia Pte Ltd [2003] SGHC 239
The court held that a binding contract existed between the parties based on the Letter of Award and the subsequent conduct of the parties, despite the phrase 'subject to final terms and conditions being agreed'.
Khua Kian Keong and Another v Public Prosecutor [2003] SGHC 238
An appellate court may interfere with a trial judge's findings of fact if the inferences drawn are not supported by the primary facts on the record, especially when the trial judge's assessment is based on inferences rather than witness demeanour.
Public Prosecutor v Hardave Singh s/o Gurcharan Singh [2003] SGHC 237
The High Court exercised its revisionary jurisdiction to set aside a conviction and sentence resulting from an incorrect charge. Finding a failure of justice, the court amended the charge and imposed a fresh sentence to rectify the error.
Rightrac Trading v Ong Soon Heng t/a Everbright Engineering & Trading and Another (Seow Hock Ann, Third Party) [2003] SGHC 236
The High Court ruled that plaintiffs are entitled as of right to transfer claims from the Magistrates' Courts to the District Courts when the claim amount exceeds the lower court's jurisdictional limit, clarifying the application of section 53 of the Subordinate Courts Act.
Chow Hoo Siong v Lee Dawn Audrey [2003] SGHC 235
Gifts or inheritances acquired before marriage are only matrimonial assets if substantially improved during the marriage by the other party or both parties.
Chong Long Hak Kee Construction Trading Co v IEC Global Pte Ltd [2003] SGHC 234
The defendant's act of serving a 48-hour notice on the plaintiff in respect of its Counterclaim constituted a step in the proceedings, thereby nullifying its right to apply for a stay under s 6(1) of the Arbitration Act.
Hua Seng Sawmill Co Bhd v QBE Insurance (Malaysia) Bhd [2003] SGHC 233
In Hua Seng Sawmill Co Bhd v QBE Insurance (Malaysia) Bhd, the High Court dismissed the claim, ruling that cargo lost due to improper stowage did not fall under the insured peril of 'washing overboard.' The court emphasized the assured's burden to prove loss via a specific insured peril.
Beng Tiong Trading, Import and Export (1988) Pte Ltd v Maria Janda Achmad Bin Abdullah Wachdin Basharahil alias Maria and Others [2003] SGHC 232
The court has an unfettered discretionary power to set aside a default judgment, balancing the strength of the putative defence against the excusability of the defendant's conduct.
Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd [2003] SGHC 231
The court held that reinstatement of an action under O 21 r 2(8) of the Rules of Court should be the exception rather than the rule, and that the plaintiff must show that they are innocent of significant failure to conduct the case with expedition, that the failure is excusable,
Public Prosecutor v Yong Siew Khian [2003] SGHC 230
The appellate court will not interfere with a magistrate's findings of fact if the magistrate's choice between conflicting versions of events is plausible and cannot be shown to be wrong.