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Singapore

Supuletchimi d/o Rajoogopal v Tay Boon Keng and Others [2002] SGHC 31

A doctor is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical opinion, provided that such opinion has a logical basis.

Sushant Shukla· ·13 min read
Singapore

L.K. Ang Construction Pte Ltd v Chubb Singapore Private Limited [2002] SGHC 309

In L.K. Ang Construction v Chubb Singapore, the High Court ruled that no binding sub-contract existed as parties intended for a formal agreement. While the plaintiff succeeded in a libel claim, the breach of contract claim failed due to lack of a finalized agreement and insufficient evidence of work

Sushant Shukla· ·8 min read
Singapore

Kang Hock Seng Paul v Lee Teck Nam [2002] SGHC 308

The court held that a driver who loses control of their vehicle due to an emergency (avoiding a pedestrian) is not negligent, and that the presence of a tow-truck with flashing lights provides sufficient warning to other road users.

Sushant Shukla· ·14 min read
Singapore

Amir Hamzah Bin Berang Kuty v Public Prosecutor [2002] SGHC 307

The court held that for a charge of abetment by conspiracy under s 107(b) of the Penal Code, it is not necessary for the accused to be the mastermind of the conspiracy.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Hendricks Glen Conleth [2002] SGHC 306

An appellate court will be slow to overturn findings of fact by the trial judge, especially when an assessment of the credibility and veracity of the witnesses has been made.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Ang Johnny [2002] SGHC 305

The court found the accused guilty of aggravated rape and wrongful restraint with intent to outrage modesty, rejecting his defence that the sexual intercourse was consensual and occurred on a different occasion.

Sushant Shukla· ·13 min read
Singapore

Bakery Mart Pte Ltd v Avante Investment Pte Ltd and Another [2002] SGHC 304

The court granted an interim injunction to maintain the status quo regarding the composition of the Board of Directors of Culina Pte Ltd pending the trial of the dispute over the existence of a shareholders' agreement.

Sushant Shukla· ·16 min read
Singapore

Louis Pius Gilbert v Public Prosecutor [2002] SGHC 303

The court dismissed an appeal against a sentence for assaulting a lawyer in court. It affirmed that unopposed medical evidence should be accepted and that attacking legal professionals during proceedings is a serious aggravating factor justifying enhanced penalties.

Sushant Shukla· ·12 min read
Singapore

Soeparto Nilam v Sit Ley Timber (Pte) Ltd [2002] SGHC 302

The court held that an originating summons for the removal of a caveat should be heard together with a related substantive suit where the issues are intricately co-related and the balance of convenience favours maintaining the status quo.

Sushant Shukla· ·11 min read
Singapore

Ow Yew Beng v Public Prosecutor [2002] SGHC 301

The test for 'reason to believe' under s 411 of the Penal Code is objective, conducted from the vantage point of someone with the appellant's knowledge and experience.

Sushant Shukla· ·14 min read
Singapore

Chye Lian Huat Sawmill Co v Hean Nerng Industrial Pte Ltd [2002] SGHC 300

The court held that the Licensing Agreement was not unenforceable on grounds of public policy as JTC had not exercised its rights of forfeiture and had allowed time for the parties to unscramble. The court also held that the plaintiffs were not in repudiation of the agreement as

Sushant Shukla· ·14 min read
Singapore

Bok Chee Seng Construction Pte Ltd v Development Bank of Singapore Ltd [2002] SGHC 30

A bank cannot rely on a conclusive evidence clause or the indoor management rule to justify acting on an invalid mandate if those defences were not pleaded in the defence.

Sushant Shukla· ·14 min read
Singapore

Rehana Perveen v Public Prosecutor [2002] SGHC 3

The court acquitted the appellant because it was impossible or highly unlikely that she could have inflicted the injury in the manner described by the prosecution witnesses, and their evidence was found to be unreliable and inconsistent.

Sushant Shukla· ·12 min read
Singapore

Wong Loke Cheng v Public Prosecutor [2002] SGHC 299

An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence, especially where findings depend on witness credibility.

Sushant Shukla· ·12 min read
Singapore

Kwee Seng Chio Peter v Biogenics Sdn Bhd [2002] SGHC 298

A nominee director is bound by the knowledge of the person for whom he acts if he acts without discretion or volition.

Sushant Shukla· ·13 min read
Singapore

Wah Yuen Electrical Engineering Pte Ltd v Singapore Cables Manufacturers Pte Ltd [2002] SGHC 297

The court will not approve a scheme of arrangement under s 210 of the Companies Act where the company fails to provide sufficient transparency and disclosure regarding the debts of related parties, especially when such debts are necessary to meet the statutory majority requiremen

Sushant Shukla· ·12 min read
Singapore

Wan Kim Hock v Public Prosecutor [2002] SGHC 296

An appellate court will generally defer to the trial judge's findings of fact unless they are shown to be plainly wrong or against the weight of the evidence. Sentencing is a matter of law involving manifold factors, and past cases serve only as guidelines.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Arun Prakash Vaithilingam [2002] SGHC 295

The court held that the accused was guilty of murder as he had intended to use the knife to attack the victim, and the defence of sudden fight under Exception 4 to s 300 of the Penal Code was not available as the accused had taken an unfair advantage by arming himself beforehand.

Sushant Shukla· ·13 min read
Singapore

Niranjan Dolly K v Toh Laye Lan [2002] SGHC 294

This case established that absolute privilege extends to a solicitor's correspondence aimed at protecting a client's interests during litigation. The court held that warnings against witness tampering are protected to ensure the integrity of judicial proceedings.

Sushant Shukla· ·13 min read
Singapore

Econ Corporation International Limited v Ballast-Nedam International BV [2002] SGHC 293

The court held that leave to serve out of jurisdiction should be granted where the plaintiff establishes a good arguable case and the governing law of the instruments in dispute is Singapore law, making Singapore the appropriate forum.

Sushant Shukla· ·13 min read
Singapore

Fong Yoke San & Another v Chan Lee Pa [2002] SGHC 292

An option to purchase property signed by only one of several joint tenants is not necessarily incomplete or unperfected; it may be a binding contract on the signatory, who is then obliged to procure the other joint tenants to complete the sale.

Sushant Shukla· ·14 min read
Singapore

Roberto Building Material Pte Ltd & Others v Oversea-Chinese Banking Corporation Limited & Another [2002] SGHC 291

A mortgagee or security holder owes a duty of good faith to the mortgagor when exercising powers under the security, but is entitled to protect its own interests even if disadvantageous to the borrower. The appointment of a receiver by a mortgagee is a decision that can generally

Sushant Shukla· ·13 min read
Singapore

B v Public Prosecutor [2002] SGHC 290

The court held that while corroboration is not strictly required for child witness testimony in sexual offence cases, it remains dangerous to convict on uncorroborated evidence unless the testimony is unusually compelling or reliable.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Henry John William and another appeal [2002] SGHC 29

The High Court has the power to amend defective charges in the exercise of its revisionary jurisdiction, provided that such amendment does not cause injustice or prejudice to the accused.

Sushant Shukla· ·11 min read