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Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] SGHC 72
A freight forwarder is liable for breach of contract where it negligently misrepresents the status of a shipment, and exemption clauses that do not expressly refer to negligence or satisfy the Morton tests do not exclude such liability.
Winjoy Investment Pte Ltd v Goh Boon Huat and Another [2002] SGHC 71
The High Court allowed Winjoy Investment's appeal, ruling that liquidated damages clauses for late completion do not apply to construction defects. The court held that respondents failed to prove actual loss, emphasizing that damages must be compensatory and supported by evidence.
Foo Ko Hing v Foo Chee Heng [2002] SGHC 70
The court held that interrogatories against a non-party solicitor are permissible under O 26A of the Rules of Court where they are relevant to the issues in the proceedings, and that solicitor-client privilege does not apply where the solicitor acted for both parties jointly in t
Khor Bee Im v Wong Tee Kee [2002] SGHC 7
The court will not change a child's surname without compelling reasons, but where the child is sufficiently mature and the natural father has shown little interest, the court may allow the change to remain in the child's best interests.
National Scientific (S) Pte Ltd v Ho Wai Ming and Others [2002] SGHC 69
The court held that there was no basis to vary the Anton Piller orders as the plaintiff had made out a sufficiently reasonable case and there was no material non-disclosure.
The "Cherry" and others [2002] SGHC 68
A party can be a holder of a bill of lading under the Bills of Lading Act even if the bill is in the physical possession of its agent, provided the agent holds it in a purely ministerial capacity.
Chen Jian Wei v Public Prosecutor [2002] SGHC 66
The court held that the evidence of a child witness who had made material inconsistencies and volte-face changes in testimony was unsafe to convict upon without corroboration, and that the appellant's conviction was not supported by the totality of the evidence.
Public Prosecutor v Luan Yuanxin [2002] SGHC 65
The court held that sentences for criminal intimidation and violence within a family context must be proportionate to the gravity of the offence, and that aggravating factors such as the use of weapons and the presence of children must be considered.
Soh Lup Chee and Others v Seow Boon Cheng and Another [2002] SGHC 64
In Soh Lup Chee v Seow Boon Cheng [2002] SGHC 64, the court addressed discovery non-compliance. While acknowledging the power to strike out a defence, the court issued an 'unless order' granting the defendants 14 days to fulfill their obligations, emphasizing the high threshold for such measures.
Sherman Wong v Lim Kian Eng Carol and Another [2002] SGHC 63
The filing of a notice of appeal does not automatically operate as a stay of execution, and a judgment creditor should not be deprived of the fruits of their judgment without a stay.
In the Matter of A, an infant born on the 30th day of October 1994 [2002] SGHC 62
The court will grant a stay of proceedings in favour of a foreign forum if that forum is clearly more appropriate for the resolution of the dispute, taking into account the child's best interests and cultural connections.
Show Theatres Pte Ltd (in liquidation) v Shaw Theatres Pte Ltd and another application [2002] SGHC 61
Case Details * Citation: [2002] SGHC 61 * Case Number: CWU 319/2000, SIC 601418/2001, 601420/2001 * Decision Date: 28 March 2002 * Court: High Court of Singapore * Coram: Tan Lee Meng J * Judgment
Re A (an infant) [2002] SGHC 60
The court held that the French court was the more appropriate forum for custody proceedings given the child's cultural connections and the fact that the father had already invoked the French court's jurisdiction.
Tavica Design Pte Ltd v Schindler Lifts (Singapore) Pte Ltd [2002] SGHC 6
In an application for a stay of proceedings in favour of arbitration, the court's task is not to evaluate the merits of the claim but to determine if a dispute exists on the face of the affidavits. If a dispute exists, the matter must be referred to arbitration.
Fortune Realty Pte Ltd v Lim Sai Kang and Another [2002] SGHC 59
In Fortune Realty Pte Ltd v Lim Sai Kang [2002] SGHC 59, the High Court ruled against the developer, holding that a car park lot could not be included in the promised floor area. The court applied the contra proferentem rule to resolve contractual ambiguity in favour of the purchasers.
Ang Kah Kee v Public Prosecutor [2002] SGHC 58
The court held that the prosecution failed to prove the charge beyond reasonable doubt because the medical evidence was inconclusive and the complainant's actions were irrational, rendering the conviction unsafe.
Public Prosecutor v Steven Ang Keng Leong and Others [2002] SGHC 57
The court held that the accused persons were guilty of drug trafficking and abetment of drug trafficking based on the evidence of their coordinated actions and telephone communications.
BNP Paribas (formerly known as Banque National De Paris) v Polynesia Timber Services Pte Ltd and Another [2002] SGHC 56
Non-compliance with a Practice Direction is not fatal and does not automatically render substituted service null and void, as Practice Directions are administrative in nature.
Sia Leng Yuen v Ko Chun Shun Johnson [2002] SGHC 55
A statutory demand must accurately specify the nature and value of any security held by the creditor; failure to do so, or providing a zero value without cogent evidence, justifies setting aside the demand.
Beam Technology (Mfg) Pte Ltd v Standard Chartered Bank [2002] SGHC 54
A confirming bank is not obliged to accept a document presented under a letter of credit if it discovers the document is a forgery or nullity within the seven-day period for rejection under UCP 500, even if the beneficiary is innocent.
Dermajaya Properties Sdn Bhd v Premium Properties Sdn Bhd and Another [2002] SGHC 53
The Model Law and Part II of the International Arbitration Act apply to an international arbitration seated in Singapore, and the mere adoption of institutional rules (like the UNCITRAL Rules) does not constitute an implied opting out of the IAA under the pre-amendment s 15.
Lim Choo Song v Public Prosecutor [2002] SGHC 52
The court dismissed the appeal against conviction for importing diamorphine, noting that the appellant failed to provide evidence of authorisation and that the trial judge correctly found the appellant was the person arrested.
Bayerische Landesbank Girozentrale v Kong Kok Keong and another action [2002] SGHC 51
The court will refuse a stay of proceedings and give effect to a jurisdiction clause unless the defendant shows exceptional circumstances amounting to strong cause.
Lim Boon Ming v Tiang Choo Yang [2002] SGHC 50
Where a will is traced to the possession of the deceased and is not found after death, a rebuttable presumption of destruction animo revocandi arises. This presumption can be rebutted by evidence raising a higher degree of probability that the will was not destroyed by the testat