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Malayan Banking Bhd v Lauw Wisanggeni [2003] SGHC 208

A forbearance to sue can constitute valid consideration for a contract, and consideration need not move to the promisor.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Mohamed Noh Hafiz bin Osman [2003] SGHC 207

Reformative training is inappropriate for a young offender who has committed multiple serious sexual offences and robberies, as the offender poses a clear danger to the public.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Rahmat Bin Abdullah and Another [2003] SGHC 206

The court held that the range of prescribed punishment is a factor to be considered in sentencing, and that while a plea of guilt and lack of previous convictions are factors, they may be of lesser importance in serious offences.

Sushant Shukla· ·11 min read
Singapore

Reemtsma Cigarttenfabriken GMBH v Hugo Boss AG (No 2) [2003] SGHC 205

In Reemtsma Cigarttenfabriken GMBH v Hugo Boss AG, the Singapore High Court ruled that it lacks residual discretion to retain a trademark on the register once grounds for revocation under section 22(1) of the Trade Marks Act are met, confirming the statutory power is exhaustive.

Sushant Shukla· ·8 min read
Singapore

PT Tugu Pratama Indonesia v Magma Nusantara Ltd [2003] SGHC 204

In PT Tugu Pratama Indonesia v Magma Nusantara Ltd, the Singapore High Court set aside an arbitral interim award on costs, ruling that the tribunal exceeded its jurisdiction by ignoring the specific cost-sharing mechanism mandated by the parties' underlying arbitration agreement.

Sushant Shukla· ·8 min read
Singapore

Teck Guan Sdn Bhd v Beow Guan Enterprises Pte Ltd [2003] SGHC 203

The court dismissed the application, ruling that general words in a contract are insufficient to incorporate an arbitration clause from a separate document. There must be a clear and specific intention by the parties to include such a clause for it to be legally binding.

Sushant Shukla· ·12 min read
Singapore

G v R [2003] SGHC 202

The court dismissed the appeal against a custody order, affirming that the welfare of the child is the paramount consideration under s 125(2) of the Women's Charter and rejecting the 'tender years' doctrine as an absolute rule.

Sushant Shukla· ·14 min read
Singapore

Tang Eng Seng and Others v Tang Boon Kiat Eugene [2003] SGHC 201

The court held that the grandfather intended to and did make a gift of the moneys in the joint accounts to the defendant.

Sushant Shukla· ·13 min read
Singapore

Than Stenly Granida Purwanto v Public Prosecutor [2003] SGHC 200

An appellate court will not interfere with a sentence unless there is an error of fact or principle, or the sentence is manifestly excessive. Deterrent sentences are within the court's discretion and do not require a specific request from the prosecution.

Sushant Shukla· ·13 min read
Singapore

Elan Impex (Singapore) Pte Ltd and Another v Daewoo Corporation and Others [2003] SGHC 20

The court held that service out of jurisdiction must be properly effected and that the court will not grant injunctions where there has been a failure to make full and frank disclosure.

Sushant Shukla· ·12 min read
Singapore

Samwoh Asphalt Premix Pte Ltd v Sum Cheong Piling Pte Ltd and Another [2003] SGHC 2

Costs awarded to a neutral party (such as a bondsman) should be reduced if the work done was not sufficient to justify the original award.

Sushant Shukla· ·12 min read
Singapore

Chew Eu Hock Construction Co Pte Ltd (under judicial management) v Central Provident Fund Board [2003] SGHC 199

Claims for CPF contributions do not enjoy priority in judicial management proceedings, and objections to a scheme of arrangement must be raised before the court sanctions the scheme.

Sushant Shukla· ·13 min read
Singapore

Sie Choon Poh trading as Image Galaxy v Amara Hotel Properties Pte Ltd [2003] SGHC 198

A defendant is precluded from relying on an exemption clause if they fail to plead and prove the specific negligence required to invoke it.

Sushant Shukla· ·12 min read
Singapore

Law Society of Singapore v Wong Sin Yee [2003] SGHC 197

A solicitor's conviction for a criminal offence of violence (voluntarily causing hurt) can imply a defect of character rendering them unfit for the profession, even if the offence was not committed in a professional capacity.

Sushant Shukla· ·12 min read
Singapore

Swiss Singapore Overseas Enterprises Pte Ltd v Navalmar U.K. Ltd [2003] SGHC 196

The court dismissed an appeal against a refusal to stay proceedings on the grounds of forum non conveniens, finding that the Singapore proceedings were the appropriate forum for the cause of action.

Sushant Shukla· ·14 min read
Singapore

Pang Yong Hock and Another v PKS Contracts Services Pte Ltd [2003] SGHC 195

The court dismissed an application for leave to commence a derivative action under s 216A of the Companies Act, finding that winding up the company was a more appropriate and desirable remedy given the deadlock between shareholders.

Sushant Shukla· ·13 min read
Singapore

Sia Leng Yuen also known as Xie Ning Yun v Ko Chun Shun Johnson (No 2) [2003] SGHC 194

The High Court allowed Sia Leng Yuen's appeal, setting aside an escrow condition on costs. The court ruled that 'exceptional circumstances' are required to delay payment, rejecting speculative arguments regarding financial status and reinforcing the 'payment forthwith' principle.

Sushant Shukla· ·8 min read
Singapore

Low Siew Hwa Kenneth v Public Prosecutor [2003] SGHC 193

An appellate court will not disturb a lower court's findings of fact unless they were clearly reached against the weight of evidence or were plainly wrong.

Sushant Shukla· ·14 min read
Singapore

F v Chan Tanny [2003] SGHC 192

In professional negligence, there is no liability without proof of fault. The fact that a baby is born damaged is not in itself evidence of negligence.

Sushant Shukla· ·13 min read
Singapore

Wong Tiew Yong and Another v Public Prosecutor [2003] SGHC 191

In Wong Tiew Yong v Public Prosecutor [2003] SGHC 191, the High Court upheld the convictions but set aside custodial sentences for senior officers, imposing $500 fines. The court criticized outdated statutory limits, noting they hinder the judiciary's ability to impose effective deterrent sentences.

Sushant Shukla· ·8 min read
Singapore

Woo Anthony v Singapore Airlines Ltd (Civil Aeronautics Administration, Third Party) [2003] SGHC 190

A foreign entity claiming state immunity under the State Immunity Act must be recognised as a state by the Singapore government, and in the absence of such recognition (as evidenced by a certificate from the Ministry of Foreign Affairs), the court will not grant immunity.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Tan Chui Yun Joselyn [2003] SGHC 19

The court held that the trial judge's assessment of witness credibility and findings of fact regarding the defence of spiking should not be disturbed on appeal, as the defence had successfully rebutted the statutory presumption on a balance of probabilities.

Sushant Shukla· ·14 min read
Singapore

Chinese Chamber Realty Pte Ltd and Others v Samsung Corp [2003] SGHC 189

The court dismissed the defendants' appeal against the Assistant Registrar's decision to hear summary judgment and stay applications together, but varied the order to require a defence filing while ensuring it does not constitute a 'step in the proceedings', protecting the defendant's rights.

Sushant Shukla· ·8 min read
Singapore

Creative Technology Ltd v Cosmos Trade-Nology Pte Ltd and Another [2003] SGHC 188

Innocence is not a valid defence to a claim for damages or injunctive relief in a civil action for trade mark infringement. A director who procures or induces a company's infringement can be held personally liable as a joint tortfeasor.

Sushant Shukla· ·12 min read