LITT
Try LITT free
Encyclocom Education Pty Ltd v Horizoneducom Pte Ltd [2003] SGHC 23
The court held that the plaintiff failed to establish that the defendant was in material breach of the distribution agreement, and that the plaintiff's purported termination of the agreement was invalid.
De Cruz Andrea Heidi v Guangzhou Yuzhitang Health Products Co Ltd and Others [2003] SGHC 229
A director can be personally liable for a tort committed by the company if they directed or procured the commission of the tort, and the importer/distributor of a product owes a duty of care to consumers to ensure product safety.
Vatten International Pte Ltd (formerly known as Vatten Familj International Pte Ltd v Chan Hong Seng Engineering & Construction Pte Ltd Vatten Familj International Pte Ltd [2003] SGHC 228
In Vatten International Pte Ltd (formerly known as Vatten Familj International Pte Ltd v Chan Hong Seng Engineering & Construction Pte Ltd Vatten Familj International Pte Ltd, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Stay of appeal.
Public Prosecutor v Tan Chee Wee [2003] SGHC 227
The court found the accused guilty of murder under s 300(a) and (c) of the Penal Code, rejecting his claims of self-defence and sudden fight.
Goh Han Heng v Public Prosecutor [2003] SGHC 226
An appellate court will generally defer to the trial judge's findings of fact unless convinced that the decision is plainly wrong, and corroboration by a previous complaint under s 159 of the Evidence Act is not equivalent to independent corroboration.
Tan Liang Chong v Chou Lai Tiang [2003] SGHC 225
The court held that where a partner fails to keep proper accounts and refuses to produce them, the court is entitled to make adverse inferences and estimate profits based on available evidence.
The "An Ji Jiang" [2003] SGHC 224
In The An Ji Jiang [2003] SGHC 224, the High Court dismissed the plaintiffs' claim, ordered the rectification of the fixture note, and denied the defendants' damages claim due to insufficient evidence, resulting in a split costs order.
Kanafatty s/o Krishnan v Chan Chee Loong Peter [2003] SGHC 223
The court apportioned liability for a traffic accident at 75% to the defendant and 25% to the plaintiff, finding that while the defendant's reversing was the primary cause, the plaintiff's inattention contributed to the collision.
Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others [2003] SGHC 222
A stay of execution pending appeal will be granted where there are special circumstances, such as a real risk that a successful appeal would be rendered nugatory if the judgment creditor is unable to return the monies paid.
Public Prosecutor v Kalathithara Subran Hilan and Others [2003] SGHC 221
The court held that the accused was guilty of abetting rape under s 376(1) read with s 109 of the Penal Code, as he actively participated in the prostitution activities and facilitated the rape.
Mak Chik Lun and Others v Loh Kim Her and Others and Another Action [2003] SGHC 220
The Moneylenders Act is concerned with moneylending activities in Singapore; therefore, evidence of foreign moneylending transactions is irrelevant to determining whether a person is carrying on the business of moneylending in Singapore.
Law Society of Singapore v Ganesan Krishnan [2003] SGHC 22
A solicitor who fails to advise a client to seek independent legal advice when in a position of conflict of interest is guilty of conduct unbefitting an advocate and solicitor.
Castello Ana Paula Costa Fusillier v Lobo Carlos Manuel Rosado [2003] SGHC 219
The court held that the husband had proved on a balance of probabilities that the marriage had broken down irretrievably because the wife's behaviour was such that the husband could not reasonably be expected to live with her.
Yeoh Poh San and Another v Won Siok Wan [2003] SGHC 218
In Yeoh Poh San v Won Siok Wan [2003] SGHC 218, the High Court dismissed the plaintiffs' claims, ruling that disputed funds in Singapore bank accounts were intended as gifts to the defendant rather than a resulting trust, citing the defendant's credible testimony and lack of disclosure.
TJ System (S) Pte Ltd and Others v Ngow Kheong Shen (No 2) [2003] SGHC 217
The court assessed damages for defamation, noting that awards should be proportionate to the harm and injury occasioned, and that a plea of justification, if unsuccessful, generally aggravates damages.
Koh Gek Hwa v Yang Hwai Ming and Another [2003] SGHC 216
The High Court dismissed an appeal against a Strata Titles Board order for collective sale, finding no error of law in the Board's decision regarding the sale price, the relationship between the purchaser and the majority owners, or the valuation methodology.
Chinese Chamber Realty Pte Ltd and Others v Samsung Corp (No 2) [2003] SGHC 215
In Chinese Chamber Realty Pte Ltd and Others v Samsung Corp (No 2), the High Court of the Republic of Singapore addressed issues of Civil Procedure — Judgments and orders.
Housing & Development Board (a body incorporated under the Housing & Development Act) v Microform Precision Industries Pte Ltd [2003] SGHC 214
The doctrine of frustration does not apply where the alleged contingency was a known risk at the time of contracting and the party assumed that risk.
Public Prosecutor v Salwant Singh s/o Amer Singh [2003] SGHC 213
The court held that preventive detention is appropriate where an offender's criminal propensity is such that they must be taken out of circulation to protect the public, and that the sentence should reflect the gravity and scale of the criminal record.
Vignes s/o Mourthi v Public Prosecutor (No 2) [2003] SGHC 212
The High Court has no jurisdiction to order a re-trial or stay of execution after the Court of Appeal has dismissed an appeal against conviction and sentence.
Purwadi v Ung Hooi Leng [2003] SGHC 211
A defendant who becomes aware of an irregularity in service and takes a further step in the action that assumes the service was valid is deemed to have waived that irregularity.
Public Prosecutor v Raman Selvam s/o Renganathan [2003] SGHC 210
The accused was convicted of drug trafficking based on the presumption of possession under s 18(1)(c) of the Misuse of Drugs Act, as he was found to have control over the keys to the premises where the drugs were stored.
Afro Asia Shipping Co (Pte) Ltd v Haridass Ho & Partners and Another [2003] SGHC 21
The court held that the plaintiffs' claim was an abuse of process as it sought to re-litigate issues already covered by existing court orders and the proper recourse was to seek directions from the appellate court under the liberty to apply provision.
CDIB Venture Investment (Asia) Ltd v Soeryadjaya Edwin and Others and Another Suit [2003] SGHC 209
The court held that the put option in the JGL agreement was validly exercised and enforceable, while the claim regarding the Esplanade agreement failed due to the absence of a breach of warranty.