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Colombo Dockyard Limited v Athula Anthony Jayasinghe trading as Metro Maritime Services [2002] SGHC 289
A party to an illegal contract may recover money paid under it if the illegal purpose has not been carried out and the party repudiates the contract voluntarily and in time.
Public Prosecutor v Ram Ghanshamdas Mahtani & Another [2002] SGHC 288
The court held that bailors have an onerous duty to exercise due diligence to ensure an accused attends court, and mere faith in the accused or the filing of a police report is insufficient to avoid forfeiture of bail.
Li Hwee Building Construction Pte Ltd v Advanced Construction & Engineering Pte Ltd and Another [2002] SGHC 287
In Li Hwee Building Construction v Advanced Construction [2002] SGHC 287, the court ruled the contract was mutually abrogated by conduct. While the claim for loss of profits was dismissed, the court ordered an assessment of quantum for works performed and awarded partial costs to the plaintiffs.
Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd [2002] SGHC 286
In Press Automation Technology v Trans-Link Exhibition Forwarding, the Singapore High Court upheld a limitation of liability clause, ruling that the plaintiff's calculated commercial decision to engage the defendant negated claims of unequal bargaining power and rendered the clause reasonable.
Ong Heng Chuan & Another v Ong Boon Chuan & Another [2002] SGHC 285
The court found that the Plaintiffs failed to prove the existence of a common understanding or arrangement that would give rise to a constructive trust under the 'Pallant v Morgan equity' doctrine.
Chuan & Company Pte Ltd v Ong Soon Huat (Ong Thiam Huat and Others, Third Parties) [2002] SGHC 284
An acknowledgement of a debt under s 26 of the Limitation Act must be an unequivocal admission of a subsisting debt at the time of the acknowledgement.
Philip Motha Consultancy Pte Ltd v Jones Lang Lasalle Property Consultants Pte Ltd (formerly known as JLW Property Consultants Pte Ltd) [2002] SGHC 283
The court held that there was no oral co-broking agreement in 1995, and even if there were, it was superseded by the written agreement of 23 April 1996. Furthermore, the court found that the plaintiff's claim for a share of the commission was not supported by the evidence.
HH Media-Tech Pte Ltd v Kim Yong Hyun [2002] SGHC 282
The court held that the defendant breached an implied term of the agreement not to solicit the plaintiffs' customers and was liable to account for profits made from such solicitation.
Mah Wand Hew v Ong Yew Huat & Another [2002] SGHC 281
The court held that the plaintiff was an employee of the defendant company, not the Guangzhou Hotel Equatorial, and thus entitled to claim outstanding salary and retrenchment benefits from the defendant company in liquidation.
Surge Electrical Engineering Pte Ltd v Powertec Engineers Pte Ltd [2002] SGHC 280
The court held that particulars will be ordered to clarify the case to be met at trial, but not to obtain evidence of how the opponent intends to prove their case.
Sivakumar s/o Rajoo v Public Prosecutor [2002] SGHC 28
A 'special reason' for drink driving must be directly connected to the commission of the offence and not merely to the offender's personal circumstances. The court's discretion to avoid mandatory disqualification is limited and should only be exercised in exceptional circumstance
Nicholas Kenneth v Public Prosecutor [2002] SGHC 279
The court held that s 234(1) of the Criminal Procedure Code, which allows for consecutive sentences of imprisonment, should be interpreted purposively to also apply to sentences of preventive detention, enabling the court to order consecutive terms of preventive detention where n
Tan Chin Seng and Others v Raffles Town Club Pte Ltd [2002] SGHC 278
In Tan Chin Seng v Raffles Town Club [2002], the High Court dismissed claims that admitting 19,000 members breached the contract to provide a 'premier club'. The court ruled that high membership levels did not constitute a fundamental breach, placing the burden of proof on plaintiffs to show otherwi
Veria Engineering & Development Pte Ltd v Lam Hong Leong Aluminium Pte Ltd [2002] SGHC 277
In Veria Engineering & Development Pte Ltd v Lam Hong Leong Aluminium Pte Ltd, the High Court of the Republic of Singapore addressed issues of No catchword.
Korea Jonmyong Trading Co v Sea-shore Transportation Pte Ltd & Another [2002] SGHC 276
The court held that consequential losses from sub-contracts are too remote if the special circumstances were not communicated to the defendant at the time of contracting. Additionally, the court refused to allow a set-off for 'apology money' paid to a foreign government, citing t
Public Prosecutor v C [2002] SGHC 275
The court acquitted the accused of rape and outrage of modesty charges because the prosecution failed to prove the case beyond reasonable doubt, noting inconsistencies in the complainant's evidence and the lack of independent corroboration.
Zhang Wan Bo v Poh Kay Leong and Another [2002] SGHC 274
The court found the defendant solely liable for negligence after he reversed his car without checking the rear, and rejected the defendant's argument that the plaintiff was contributorily negligent.
Chaly Chee Kheong Mah, Po'ad bin Shaik Abu Bakar Mattar & 34 others practising in the name and style of Deloitte & Touche v The Liquidators of Baring Futures (Singapore) Pte Ltd [2002] SGHC 273
The Articles of Association of a company do not constitute a contract between the company and its auditors unless expressly incorporated into the engagement terms. Furthermore, general indemnity clauses in articles do not cover costs incurred in defending legal proceedings unless
Cheng Poh Building Construction Pte Ltd v First City Builders Pte Ltd [2002] SGHC 272
The court has discretion under Order 14 Rule 3(2) of the Rules of Court to stay execution of a summary judgment where the defendant has raised a plausible counterclaim that could extinguish or exceed the judgment sum.
Sim Lee Keng Cindy v Paul Bayliss Brown (Vythilingam s/o Packirisamy and Another, Third Parties) [2002] SGHC 271
The court held that both the defendant and the first Third Party were equally liable for the collision due to their respective failures to maintain a proper lookout and to exercise due care.
International Factors Leasing Pte Ltd v The Personal Representative of Tan Hock Kee & Others [2002] SGHC 270
The court held that a stay of execution should rarely be granted in cases involving bank guarantees, which are equivalent to letters of credit, even if a counterclaim exists, unless there is cogent evidence that the bank would be unable to meet a judgment on the counterclaim.
Public Prosecutor v John William Henry [2002] SGHC 27
The High Court clarified its power to amend defective charges during criminal revision. It held that such amendments are permissible if they do not cause injustice or prejudice the accused, ensuring the proceedings below would have remained unchanged.
Industrial & Commercial Bank Ltd v P. D. International Pte Ltd [2002] SGHC 269
In Industrial & Commercial Bank Ltd v P. D. International Pte Ltd [2002] SGHC 269, the High Court ordered the rectification of a Security Memorandum, finding it was signed under a common mistake. The court limited the security scope, ruling that internal documentation proved the parties' true intent
Beckkett Pte Ltd v Deutsche Bank AG Singapore Branch [2002] SGHC 268
A pledgee owes a duty to the pledgor to take reasonable steps to obtain the best price reasonably obtainable for the pledged shares when exercising its right of sale.