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Tapematic SpA v Wirana Pte Ltd and Another [2002] SGHC 5

For a principal to be bound under the doctrine of apparent authority, the representation as to the agent's authority must emanate from the principal himself.

Sushant Shukla· ·14 min read
Singapore

Agus Irawan v Toh Tech Chye and Others [2002] SGHC 49

In Agus Irawan v Toh Tech Chye [2002] SGHC 49, the High Court dismissed an application for a derivative action under s 216A of the Companies Act. The court ruled the plaintiff lacked the requisite good faith and failed to provide full, candid disclosure regarding the disputed rebates.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Sivaraman Reddy Sivakumar [2002] SGHC 48

In Public Prosecutor v Sivaraman Reddy Sivakumar [2002], the Court rejected the accused's provocation and suicide claims, finding him the primary aggressor. Despite mitigating factors, he was sentenced to 10 years' imprisonment and 15 strokes of the cane for culpable homicide not amounting to murder

Sushant Shukla· ·8 min read
Singapore

Keppel Tatlee Bank Limited v Bandung Shipping Pte Ltd [2002] SGHC 47

The court held that an application to strike out a claim under O 18, r 19(1)(a) must be determined solely on the pleadings, and no evidence is admissible.

Sushant Shukla· ·15 min read
Singapore

Forward Food Management Pte Ltd and Another v Public Prosecutor [2002] SGHC 46

The court held that the term 'waiter' in the work permit condition was ambiguous and should be construed in favour of the accused under the strict construction rule. Furthermore, the Ministry of Manpower's own application form contributed to the confusion, making it unjust to con

Sushant Shukla· ·12 min read
Singapore

Tham Lai Hoong v Fong Weng Sun Peter Vincent [2002] SGHC 45

The court held that the proper approach to the division of matrimonial assets is to first identify and value all matrimonial assets, then compute direct contributions, and finally determine a just and equitable division based on all circumstances including indirect contributions.

Sushant Shukla· ·13 min read
Singapore

Delta Engineering & Construction Pte Ltd v Wiseco Trading Pte Ltd and Others [2002] SGHC 44

A conspiracy by unlawful means requires proof of a combination to commit an unlawful act with the intention of injuring the plaintiff. Section 73B(1) CLPA requires proof of intent to defraud creditors.

Sushant Shukla· ·13 min read
Singapore

Teo Kian Leong v Public Prosecutor [2002] SGHC 43

The court affirmed that sentencing discretion under s 234(1) of the Criminal Procedure Code must be exercised judiciously, considering common law principles like the totality principle and the one transaction rule.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Kanesan S/O Ratnam [2002] SGHC 42

The accused was found guilty of murder after confessing to killing his cell-mate by strangulation, with no evidence of diminished responsibility.

Sushant Shukla· ·14 min read
Singapore

Ow Chor Seng v Coutts Bank (Schweiz) AG [2002] SGHC 41

Order 27 r 3 of the Rules of Court requires a clear admission of fact that leaves no room for the party making it to succeed; it is not a mechanism to test the veracity of pleadings or the likelihood of success.

Sushant Shukla· ·13 min read
Singapore

Tai Sea Nyong v Overseas Union Bank Ltd [2002] SGHC 40

A mortgagee in possession is not a trustee of the mortgagor and is not obliged to wait indefinitely for the theoretical market value of the property; its duty is merely to obtain the best reasonable price at the time it chooses to sell.

Sushant Shukla· ·13 min read
Singapore

Kang Ngah Wei v Commander of Traffic Police [2002] SGHC 4

Leave to apply for certiorari will only be granted if there is an arguable case that the decision-maker acted unreasonably or in breach of natural justice. The court will not interfere with a decision unless it is so outrageous in its defiance of logic that no reasonable authorit

Sushant Shukla· ·14 min read
Singapore

Ng Chu Chong trading as Grand Am Fashion Enterprise v Ng Swee Choon and Others [2002] SGHC 39

The case establishes that a trademark registered in the joint names of partners is partnership property, and upon dissolution of the partnership, the rights to the trademark are subject to the agreement between the partners regarding the transfer of partnership assets.

Sushant Shukla· ·13 min read
Singapore

Eka Tjipta Widjaja v Fifi [2002] SGHC 38

In Eka Tjipta Widjaja v Fifi [2002] SGHC 38, the High Court ruled in favor of the Plaintiff, rejecting the Defendant's 'sole purpose' defense. The court held that oral evidence cannot contradict clear written loan agreements absent proof of misrepresentation or duress.

Sushant Shukla· ·8 min read
Singapore

C & A Aviation (Pte) Ltd and Others v Fokker Services Asia Pte Ltd [2002] SGHC 37

In C & A Aviation v Fokker Services Asia, the High Court ruled that the plaintiffs failed to establish an easement for car parking, clarifying that parking rights are typically mere licences. The court emphasized the strict evidentiary requirements for proving property interests in Singapore.

Sushant Shukla· ·9 min read
Singapore

Star City Pty Limited (formerly known as Sydney Harbour Casino Pty Limited) v Tan Hong Woon [2002] SGHC 36

Section 5(2) of the Civil Law Act is a procedural provision that renders actions to recover money won upon a wager unenforceable in Singapore, regardless of where the wager was concluded.

Sushant Shukla· ·14 min read
Singapore

Fila Sport S p A v Ramesh Tulsidas Wadhwani trading as P T International Corporation and Another [2002] SGHC 35

In Fila Sport S p A v Ramesh Tulsidas Wadhwani [2002] SGHC 35, the Singapore High Court granted pre-action discovery and interrogatories, ruling that defendants could not invoke the privilege against self-incrimination to avoid disclosing details regarding the supply of counterfeit goods.

Sushant Shukla· ·8 min read
Singapore

Public Prosecutor v Thongthot Yordsa-Art and Another [2002] SGHC 34

The court held that members of an unlawful assembly are liable for murder under s 149 of the Penal Code if they knew that death was a likely consequence of the common object of causing grievous hurt.

Sushant Shukla· ·14 min read
Singapore

Lee Keng Hiong trading as William Trade & Tran-Services v Ramlan bin Haron [2002] SGHC 33

The court held that the foreman (Putiyan) was an employee of the respondent (WTTS) and that the respondent was liable for the workman's compensation claim under the Workmen's Compensation Act.

Sushant Shukla· ·13 min read
Singapore

Rahenah bte L Mande v Baxter Healthcare Pte Ltd and Another [2002] SGHC 320

Section 33(2)(a) of the Workmen's Compensation Act prohibits a workman from maintaining a common law action for damages against an employer while an application for compensation under the Act is pending before the Commissioner for Labour.

Sushant Shukla· ·13 min read
Singapore

Universal Express LLC v Jupiter Air Ltd and Another [2002] SGHC 32

The decision in Universal Express LLC v Jupiter Air Ltd and Another [2002] SGHC 32 stands as a significant authority on the endurance of commercial agreements and the high evidentiary threshold required to prove the abandonment of a contract by conduct. The dispute centered on a

Sushant Shukla· ·12 min read
Singapore

Aglow Alicom Pte Ltd v Neewscomm Marketing Pte Ltd & Others [2002] SGHC 312

The court determined damages for breach of non-solicitation and breach of confidence based on a formula accounting for customer attrition, usage, and profit margins.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Rusli bin Sembayang [2002] SGHC 311

A confession retracted by an accused may be sufficient for conviction if the court is satisfied of its truth, and the accused's possession of drugs for trafficking can be established through evidence of packing, weighing, and sales records.

Sushant Shukla· ·12 min read
Singapore

Mathi Alegen s/o Gothendaraman v The Tamils Representative Council Singapore and Others [2002] SGHC 310

The court's role in reviewing the decisions of clubs and societies is supervisory, focusing on whether natural justice was observed and if the decision was reached honestly, rather than reviewing the merits of the decision itself.

Sushant Shukla· ·13 min read