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D v Kong Sim Guan [2003] SGHC 165
A medical practitioner does not owe a duty of care to a third party (the father) when assessing a child for potential sexual abuse, as there is no relationship of proximity and it is not just and reasonable to impose such a duty. Furthermore, proceedings before the Singapore Medi
Ng So Kuen Connie v Public Prosecutor [2003] SGHC 164
A trial judge is entitled to reject expert psychiatric evidence on the issue of mens rea if the conclusion can be supported by the facts and circumstances of the case, as the determination of mens rea is a finding of fact within the province of the court.
Cain Sales & Consultancy Pte Ltd v Beyonics Technology Limited [2003] SGHC 163
In Cain Sales & Consultancy Pte Ltd v Beyonics Technology Limited [2003] SGHC 163, the High Court dismissed a claim for commission, ruling that the plaintiffs failed to prove their actions were the 'effective cause' of the transaction, distinguishing administrative tasks from substantive contributio
Tan Mui Teck v Public Prosecutor [2003] SGHC 162
The court held that academic credentials are not the sole determinant for choosing between conflicting expert opinions; methodology and demeanour are also key. Furthermore, the court clarified that the prosecution must discount the possibility of collusion beyond reasonable doubt
Lim Mong Hong v Public Prosecutor [2003] SGHC 161
An appellate court will generally defer to a trial judge's findings of fact based on witness credibility unless it is convinced the decision is plainly wrong.
Pritam Singh s/o Gurmukh Singh v Public Prosecutor [2003] SGHC 160
The court held that fresh evidence must be relevant to the appeal to be admissible under s 257(1) of the Criminal Procedure Code, and that the benchmark sentence for abetting an offence under s 57 of the Immigration Act is 12 months.
Comfort Management Pte Ltd v Public Prosecutor [2003] SGHC 16
Condition 2(d) of a work permit, which prohibits foreign workers from engaging in activities outside those listed in Annex A, includes a prohibition against driving company vehicles outside construction sites in the course of employment. Section 5(3) of the Employment of Foreign
Public Prosecutor v Norhisham Bin Mohamad Dahlan [2003] SGHC 159
The court held that in sentencing for culpable homicide, the court must balance the need for deterrence against the culpability of the offender, noting that life imprisonment is a severe option to be used with caution for young offenders.
United Engineers (Singapore) Pte Ltd v Northern Elevator Manufacturing Sdn Bhd [2003] SGHC 158
The court may remit an arbitration award to the arbitrator for reconsideration if the arbitrator has erred in law in the assessment of damages, particularly where the assessment is inconsistent with the arbitrator's own findings of liability.
Tuen Huan Rui Mary v Public Prosecutor [2003] SGHC 157
An appellate court will generally defer to a district judge's findings of fact unless they are plainly wrong, and bad behaviour in court by an accused can be considered an aggravating factor in sentencing.
Kiyue Company Limited v Aquagen International Pte Ltd [2003] SGHC 156
The term 'action' in s 216A(2) of the Companies Act does not include arbitration proceedings.
Victor Adam Ibrahim v Tan Kim Seng trading as Hock Huat Engineering [2003] SGHC 155
The court held that O 21 r 2(6) of the Rules of Court, which provides for automatic discontinuance of an action if no step is taken for one year, does not apply to proceedings after an interlocutory judgment has been obtained.
Hengwell Development Pte Ltd v Thing Chiang Ching [2003] SGHC 154
An originating summons is an originating process that is exhausted once fully heard and finally disposed of; therefore, fresh applications of a substantial nature must be made by way of a new originating summons rather than a summons-in-chambers.
Public Prosecutor v Soosainathan s/o Dass Saminathan [2003] SGHC 153
The court held that the accused was guilty of murder based on circumstantial evidence, including DNA evidence and the presence of drugs in the victim's system.
P.T. Bumi International Tankers (formerly known as P.T. Bumi Indonesia Tankers) v Man B&W Diesel S.E. Asia Pte Ltd (formerly known as Mirrlees Blackstone (S.E. Asia) Pte Ltd) and Another [2003] SGHC 152
A manufacturer of a custom-built engine owes a duty of care in tort to the shipowner for pure economic loss arising from defective design, even in the absence of a direct contract, where there is sufficient proximity based on the manufacturer's knowledge of the owner's requiremen
Lim Eng Beng @ Lim Jia Le v Siow Soon Kim and Others (No 2) [2003] SGHC 151
A stay of execution pending appeal will not be granted unless the applicant can show special circumstances, such as the risk of ruin and a reasonable prospect of success on appeal.
Choy Kok Meng v Public Prosecutor [2003] SGHC 150
An appellate court should be slow to disturb a lower court’s findings of fact, especially where it hinges on the trial judge’s assessment of the credibility and veracity of the witness.
Abdul Latif Bin Mohamed Tahiar (trading as Canary Agencies) v Saeed Husain s/o Hakim Gulam Mohiudin (trading as United Limousine) [2003] SGHC 15
An employee owes a fiduciary duty to their employer to act faithfully, and soliciting customers for a competing business while still employed constitutes a breach of that duty for which the employee is liable in damages.
Swee Lay Ching v Public Prosecutor [2003] SGHC 149
An appellate court should not upset findings of fact based on witness credibility unless they were plainly against the weight of evidence. Presence and control are not essential for liability under s 57(1)(e) of the Immigration Act.
Gladioli Investments Pte Ltd v Montien International Limited and Another [2003] SGHC 148
Extraneous documents such as memoranda of understanding cannot be used to interpret a complete and conclusive written contract.
Public Prosecutor v Huang Hong Si [2003] SGHC 147
The court clarifies that 'aggravating factors' refer to the gravity of the crime in relation to the specific offence charged, and should not be confused with 'aggravated offences'.
Lim Eng Beng alias Lim Jia Le v Siow Soon Kim and Others [2003] SGHC 146
A defendant's election not to adduce evidence in their defence leaves the court with only the plaintiff's version of the story, which, if prima facie evidence supports the essential limbs of the claim, is fatal to the defendant.
Shepherd Andrew v BIL International Ltd [2003] SGHC 145
In Shepherd Andrew v BIL International Ltd [2003] SGHC 145, the High Court dismissed the plaintiff's claims for severance and bonuses, and the defendant's counterclaim. The court ruled that employers cannot use ex post facto misconduct allegations to retrospectively justify contract repudiation.
Soh Lai Chan (mw) and Another v Kuah Peng Hock and Another [2003] SGHC 144
The court dismissed the claim, finding that the transfer of shares was a legitimate family asset distribution exercise. It ruled there was no intent to defraud creditors or deprive the plaintiff of her interest in matrimonial assets.