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Singapore

Mala Shukla v Jayant Amritanand Shukla (Danialle An, co-respondent) [2002] SGHC 96

The court stayed divorce proceedings in Singapore on the ground of forum non conveniens, finding that India was the more appropriate forum given the existing litigation and the parties' connections.

Sushant Shukla· ·13 min read
Singapore

Info-Communications Development Authority of Singapore v Singapore Telecommunications Ltd [2002] SGHC 95

The mere disclosure of a document does not make it a fact in issue, and a waiver of privilege made out of court is as valid as one made in court.

Sushant Shukla· ·15 min read
Singapore

Sutjiawang Johanis alias Tjia Eng Liong v Tjia Eng Soei [2002] SGHC 94

The court held that the plaintiff was the beneficial owner of the shares and monies in question, as the defendant failed to prove that the remittances were fruits of his own investment in Bank Pelita.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Yap Siew Luan [2002] SGHC 93

A person who knowingly handles controlled drugs cannot excuse themselves by claiming they were misled about the quantity or quality of the drugs by a third party.

Sushant Shukla· ·14 min read
Singapore

Chan Mei Yoong Letticia v Public Prosecutor [2002] SGHC 92

The court affirmed the conviction and sentence for employing an immigration offender, holding that the appellant failed to exercise due diligence as required by the Immigration Act and that the trial judge's findings of fact were not against the weight of evidence.

Sushant Shukla· ·11 min read
Singapore

Wu Liang Zhu v Chan Yue Ming and Another [2002] SGHC 91

The court reduced the assessment of loss of future earnings because the original assessment failed to account for the plaintiff's partial recovery and ability to work.

Sushant Shukla· ·12 min read
Singapore

Drolia Mineral Industries Pte Ltd v Natural Resources Pte Ltd [2002] SGHC 90

A foreign plaintiff who commences an action in Singapore submits to the jurisdiction of the court in respect of any counterclaim that is properly connected to the main action or is procedurally convenient to be tried together.

Sushant Shukla· ·12 min read
Singapore

Tay Kim Chuan Patrick v Public Accountants Board [2002] SGHC 9

An auditor's duty is to exercise reasonable care and skill, which is an exacting standard that must be assessed in light of modern conditions, professional codes, and surrounding circumstances, avoiding the benefit of hindsight.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Kee Hwee Lun [2002] SGHC 89

In Public Prosecutor v Kee Hwee Lun, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·4 min read
Singapore

PSA Corp Ltd v Korea Exchange Bank [2002] SGHC 88

The court held that the current s 47 of the Banking Act establishes a general prohibition on the disclosure of customer information, subject only to the exceptions in the Sixth Schedule.

Sushant Shukla· ·12 min read
Singapore

Ricky Charles s/o Gabriel Thanabalan v Chua Boon Yeow [2002] SGHC 87

The High Court does not have the power to transfer proceedings from the District Court to the High Court once an interlocutory judgment has been entered in the District Court, as the limit of damages is fixed upon entry of such judgment.

Sushant Shukla· ·14 min read
Singapore

Mae Engineering Ltd v Dragages Singapore Pte Ltd (fka Dragages et Travaux Publics (S) Pte Ltd) [2002] SGHC 86

The court will not stay proceedings in favour of arbitration where the defendant has no genuine dispute and is merely attempting to delay payment of an indisputable claim.

Sushant Shukla· ·13 min read
Singapore

Lumbini Pte Ltd v Toh Peng Noi and Others (Tan Soo Kiat and Others, Third Parties) [2002] SGHC 85

The High Court dismissed Lumbini Pte Ltd's claims in their entirety, ruling that the plaintiff failed to establish a valid cause of action regarding business asset transfers. The court found the dispute stemmed from a disagreement over payment rather than a breach of duty or wrongful transfer.

Sushant Shukla· ·7 min read
Singapore

Cheng Siah Johnson v Public Prosecutor [2002] SGHC 84

The statutory presumption in s 22 of the Misuse of Drugs Act is two-fold, triggering both actus reus and mens rea, and the burden of proof lies on the defence to rebut it on a balance of probabilities.

Sushant Shukla· ·13 min read
Singapore

Overseas Union Insurance Ltd v Home and Overseas Insurance Co Ltd and another application [2002] SGHC 83

Leave to appeal is required for taxation of bills of costs where the amount in dispute is below the statutory minimum in s 21 SCJA. The amount in dispute is calculated as the difference between the amount submitted and the amount awarded.

Sushant Shukla· ·14 min read
Singapore

The Alexandrea [2002] SGHC 82

The court held that for an action in rem to be brought under s 3(1)(l) of the High Court (Admiralty Jurisdiction) Act, the claim must arise in connection with the specific ship to which the goods or materials were supplied.

Sushant Shukla· ·14 min read
Singapore

Voss Peer v APL Co Pte Ltd [2002] SGHC 81

A carrier is contractually bound to deliver cargo only upon production of the original bill of lading, regardless of whether it is an 'order bill' or a 'straight bill'.

Sushant Shukla· ·13 min read
Singapore

Ong Jane Rebecca v Lim Lie Hoa and Others [2002] SGHC 80

A solicitor cannot take a neutral position on a conflict of interest allegation; they must decide whether to continue acting and justify their conduct if challenged, as the court is not the forum for such an inquiry at the discharge stage.

Sushant Shukla· ·13 min read
Singapore

Mcconnell Dowell Constructors (Aust) Pty Ltd v Sembcorp Engineers and Constructors Pte Ltd (formerly known as SembCorp Construction Pte Ltd) [2002] SGHC 8

The right of a beneficiary to make a call on an on-demand bank guarantee depends on the terms of the guarantee itself, not the underlying contract, unless the guarantee stipulates otherwise.

Sushant Shukla· ·13 min read
Singapore

Sim Mui Beng Nancy v Tan Peng Huat Steven [2002] SGHC 79

The court held that where a husband is of advanced age and unemployed, the court may factor the obligation to pay maintenance into the apportionment of matrimonial assets. Furthermore, it is inappropriate for a court to fix the value of matrimonial assets and order a cash payment

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Jamal anak Nyalau and Others [2002] SGHC 78

The court sentenced three first-time offenders to six years and six months imprisonment for culpable homicide not amounting to murder, noting the absence of weapons and the early guilty plea.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Tiyatun and Another [2002] SGHC 76

The severity of the sentence for a s 304A offence depends to a great extent on the degree of rashness or negligence which was present in the conduct of the accused.

Sushant Shukla· ·13 min read
Singapore

Re Nicholas William Henric QC and another application [2002] SGHC 74

The court dismissed applications for the ad hoc admission of two Queen's Counsel because the cases were not of sufficient difficulty and complexity to warrant such admission, and the applications failed to meet the requirements of s 21 of the Legal Profession Act.

Sushant Shukla· ·13 min read
Singapore

United Lifestyle Holdings Pte Ltd v Oakwell Egineering Ltd [2002] SGHC 73

The court held that the term 'change of the use' in the Option related to HDB's internal criteria for approval and did not entitle the purchaser to apply for a change of use to 'warehousing' which was outside the permitted zoning.

Sushant Shukla· ·15 min read