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Ong Jane Rebecca v Lim Lie Hoa (also known as Lim Le Hoa and Lily Arief Husni) and Others [2003] SGHC 143
The court held that costs of an inquiry should follow the event unless there are special reasons to deprive the successful party of costs, and that unnecessary or unreasonable protraction of proceedings by a successful party may justify a reduction in costs under Order 59 rule 6A
Evergreen International SA v Volkswagen Group Singapore Pte Ltd and Others [2003] SGHC 142
An anti-suit injunction may be granted to restrain foreign proceedings where Singapore is the natural forum and the foreign proceedings are vexatious or oppressive, particularly where they undermine a limitation decree and fund properly constituted in Singapore.
Newtech Engineering Construction Pte Ltd v BKB Engineering Constructions Pte Ltd and Others [2003] SGHC 141
The court held that a strong prima facie case of unconscionability is required to restrain a call on a performance bond, and that such a case was established here due to the arbitrary nature of the First Defendants' final accounts.
Law Society of Singapore v Quan Chee Seng Michael [2003] SGHC 140
A solicitor who acts dishonestly or falls below the required standards of integrity, probity and trustworthiness, such that they lack the qualities of character necessary for a legal practitioner, will be struck off the roll.
Tan Yeow Tat and Another v Tan Yeow Khoon and Others [2003] SGHC 14
In Tan Yeow Tat v Tan Yeow Khoon [2003] SGHC 14, the High Court dismissed an application to challenge an expert's determination, ruling that an expert's interpretation of terms does not constitute a manifest error unless it is an objective mistake leaving no room for professional judgment.
UCO Bank v Golden Orient Maritime Pte Ltd [2003] SGHC 138
In UCO Bank v Golden Orient Maritime Pte Ltd, the High Court of the Republic of Singapore addressed issues of Civil Procedure — Appeals, Civil Procedure — Stay of proceedings.
UCO Bank v Golden Shore Transportation Pte Ltd [2003] SGHC 137
Clause 17 of the bill of lading, which required claims to be determined at the port of delivery, was an exclusive jurisdiction clause, but the court refused to grant a stay of proceedings because the plaintiff showed strong cause.
Choong Peng Kong v Koh Hong Son [2003] SGHC 136
The court held that there was ample evidence to support the Assistant Registrar's assessment of damages, including loss of future earnings and loss of earning capacity, and that the claimant's promotional prospects were blighted by his injuries.
Adventure Training Systems (Asia-Pacific) Pte Ltd v Signature Lifestyle Pte Ltd (Adventure Training Systems Pty Ltd, Third Party) [2003] SGHC 135
The court held that the Contractors were entitled to the balance price for work done as the items were delivered in good condition and rust complaints were not sustainable as they were due to environmental factors and could be managed by maintenance.
Lim Yee Ming v Ubin Lagoon Resort Pte Ltd and Others (Adventure Training Systems Pty Ltd, Third Party) [2003] SGHC 134
The court held that the suppliers of adventure training equipment were liable for negligence due to inadequate training and failure to ensure the equipment was fit for purpose, specifically regarding the compatibility of the stop descender with the rope used.
Heap Huat Rubber Company Sdn Bhd and Others v Kong Choot Sian and Others [2003] SGHC 133
In Heap Huat Rubber Company v Kong Choot Sian [2003] SGHC 133, the High Court dismissed the plaintiffs' claims of breach of fiduciary duty and dishonest assistance, ruling that they failed to provide sufficient evidence to substantiate allegations of unauthorized remuneration or asset mismanagement.
Kwa Ban Cheong v Kuah Boon Sek and Others [2003] SGHC 132
The court held that the present action was an abuse of process as it was a collateral attack on a previous final decision involving the same subject matter, and that the previous decision operated in rem.
Re Ishak Bin Ismail (Ex Parte United Overseas Bank Limited) [2003] SGHC 131
A creditor must ensure that substituted service of a statutory demand is effective in bringing the demand to the debtor's notice, and the court will not order such service if it is aware that the debtor no longer resides at the premises.
Transnational Recycling Industries Pte Ltd v Semac Pte Ltd [2003] SGHC 130
In Transnational Recycling Industries Pte Ltd v Semac Pte Ltd [2003] SGHC 130, the High Court dismissed both the plaintiff's claims and defendant's counterclaims. The court ruled that the plaintiff failed to prove damages, citing speculative evidence and unexplained reductions in the quantum claimed
In the matter of Lot 114-69 Mukim XXII, Singapore (No 2) [2003] SGHC 13
In [2003] SGHC 13, the High Court rejected a claim for adverse possession of temple land, ruling the applicant failed to prove exclusive possession or the requisite intention to exclude the true owner. The court ordered the removal of the applicant's registration and addressed legal costs.
Tang Chiew Ping v Abdul Rashid Bin Razali [2003] SGHC 129
Loss of earning capacity is generally used when a plaintiff is able to continue in employment without loss of emoluments but would be handicapped if seeking alternative employment, whereas loss of future earnings is for real assessable loss proved by evidence.
Zhao Feng Guo v Tan Hong Soon trading as Sole Proprietor in the name and style of Intense Engineering Construction [2003] SGHC 128
The court assessed damages for a personal injury claim, determining pre-trial and future loss of earnings based on the plaintiff's earning capacity in China following his repatriation, and applying a multiplier of nine for future loss of earnings.
Silver Steam Air-Conditional Restaurant (In Receivership) v Ong Kay Eng (Ng Chiow Tiong, Third Party) [2003] SGHC 127
The managing partner of a partnership has a duty to keep proper accounts and bears the burden of establishing any claimed losses.
Wee Soon Kim Anthony v UBS AG (No 2) [2003] SGHC 125
The court refused an application to amend the statement of claim in the course of trial, emphasizing that in the interest of efficient case management, late amendments that introduce new facts and issues will not be allowed simply because the other party can be compensated by cos
Myanma Yaung Chi Oo Co. Ltd v Win Win Nu and Another [2003] SGHC 124
The court held that there is an implied duty of confidentiality in arbitration proceedings, but that disclosure is permissible if it is reasonably necessary to protect a party's legal rights against a third party, and such disclosure does not require prior leave of court.
Public Prosecutor v R Sekhar s/o R G Van [2003] SGHC 123
The burden of proof lies on an undischarged bankrupt to show that he had disclosed his bankruptcy status to the lender before obtaining credit of $500 or more.
Chee Soon Juan v Public Prosecutor [2003] SGHC 122
The court held that the Public Entertainments and Meetings Act (PEMA) is constitutional and that the appellant's actions constituted an attempt to provide public entertainment without a licence.
Tokuhon (Private) Limited v Seow Kang Hong and Others [2003] SGHC 121
The court held that a stay of execution pending appeal should be granted only if the defendant can show that without a stay, they would be ruined and that the appeal has some prospect of success, while balancing the prejudice to the successful party.
Sunlink Engineering Pte Ltd v Koru Bena Sdn Bhd [2003] SGHC 120
The High Court has an unfettered discretion to transfer proceedings to the Subordinate Courts, and will exercise this discretion to prevent the misallocation of High Court resources for claims involving relatively small sums.