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Swiss Singapore Overseas Enterprises Pte Ltd v Navalmar UK Ltd [2002] SGHC 267

A mandatory injunction may be granted where there is a high degree of assurance that the applicant is entitled to the relief, particularly where the respondent has resiled from a clear confirmation given in correspondence.

Sushant Shukla· ·12 min read
Singapore

Toh Kim Chan v Toh Kim Tian & Others [2002] SGHC 266

In Toh Kim Chan v Toh Kim Tian [2002] SGHC 266, the High Court ordered the defendant to transfer a 20% shareholding held in trust for the plaintiff and granted access to corporate documents, while dismissing claims against other parties and clarifying limits on unregistered shareholder rights.

Sushant Shukla· ·9 min read
Singapore

Kong Chok Wai v Ha Siew Sen and Another [2002] SGHC 265

The court found the first defendant solely liable for the accident due to negligent overtaking at excessive speed, while the bus driver was found not to have contributed to the accident.

Sushant Shukla· ·15 min read
Singapore

Banque Cantonale Vaudoise v RBG Resources Plc and Others (Lim Tau Hee and Others, Third Parties) [2002] SGHC 264

A party is not entitled to a stay of proceedings simply because there are other related proceedings involving the same subject matter, especially where the applicant fails to demonstrate that the claims are identical or that a stay is necessary to prevent injustice.

Sushant Shukla· ·14 min read
Singapore

Swiss Singapore Overseas Enterprise Pte Ltd v Navalmar UK Ltd (No 2) [2002] SGHC 263

A stay of execution pending appeal will not be granted where the applicant fails to show sufficient merit in the appeal and where the balance of convenience does not favour a stay, particularly when the judgment is measurable in monetary terms.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Ramli bin Ismail [2002] SGHC 262

In Public Prosecutor v Ramli bin Ismail, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·5 min read
Singapore

Attorney-General, Singapore v Tan Wee Beng [2002] SGHC 261

Automatic discontinuance under Order 21 Rule 2(6) applies to interlocutory judgments with damages to be assessed, but the computation of the one-year period excludes the date of the judgment.

Sushant Shukla· ·14 min read
Singapore

Re Godfrey Gerald QC [2002] SGHC 260

The court held that the applicant failed to satisfy the three-stage test for the admission of a Queen's Counsel, as the case was not sufficiently complex and the applicant failed to demonstrate that the Queen's Counsel had special qualifications relevant to the specific issues of

Sushant Shukla· ·12 min read
Singapore

Management Corporation Strata Title Plan No 2192 v Regenthill Properties Pte Ltd [2002] SGHC 26

Section 37(4) of the Land Titles (Strata) Act requires developers to hand over accounting records relating to the building to the management corporation upon its formation.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Saminathan s/o Subramaniam [2002] SGHC 259

The court sentenced the accused to life imprisonment and caning for murder and robbery after the charges were reduced following representations.

Sushant Shukla· ·12 min read
Singapore

Hiap Tian Soon Construction Pte Ltd and Another v Hola Development Pte Ltd and Another [2002] SGHC 258

A party exercising a right of equitable set-off must quantify their loss by means of a reasonable assessment made in good faith; failure to do so precludes reliance on the defence.

Sushant Shukla· ·12 min read
Singapore

Deutsche Bank AG and Another v Asia Pulp & Paper Company Ltd [2002] SGHC 257

The court dismissed a petition for judicial management because it was not satisfied that the order would achieve the statutory purposes of survival, compromise, or better realisation of assets, particularly given the lack of cooperation from foreign creditors and the location of

Sushant Shukla· ·14 min read
Singapore

S T Capital Limited v Stamford Tyres International Pte Ltd [2002] SGHC 256

The burden of proof in an action for damages for negligence rests primarily on the plaintiffs, and the court must evaluate the evidence in its totality to determine if the threshold for negligence has been met.

Sushant Shukla· ·12 min read
Singapore

The Rainbow Spring [2002] SGHC 255

The High Court reversed the Assistant Registrar's decision, ruling that the plaintiff failed to prove mala fides or crassa negligentia. The court set aside the in rem writ and warrant of arrest, ordering the return of security and awarding the defendant $10,000 in costs.

Sushant Shukla· ·8 min read
Singapore

Ong Jane Rebecca v Lim Lie Hoa [2002] SGHC 254

A person served with a subpoena should not take out a separate application to challenge it unless in the clearest cases, and the ultimate value of the witness is not the gauge to determine whether they ought to be subpoenaed.

Sushant Shukla· ·11 min read
Singapore

Re Cheng Su Yin Judy [2002] SGHC 253

A pupil who has completed pupillage is not entitled to a part-call application made by a solicitor who is not their pupil-master, and the right of audience under s 32(3) of the Legal Profession Act ends when pupillage ends.

Sushant Shukla· ·12 min read
Singapore

Trigen Industries Ltd v Sinko Technologies Pte Ltd and another [2002] SGHC 252

An agent who contracts in their own name without disclosing the principal is personally liable to the other party, even if they are acting on behalf of a principal.

Sushant Shukla· ·15 min read
Singapore

Mohamed Mustafa s/o Shahul Hamid v Public Prosecutor [2002] SGHC 251

The court held that findings of fact by a trial judge, based on the credibility of witnesses, should not be disturbed unless they are clearly against the weight of the evidence.

Sushant Shukla· ·12 min read
Singapore

Leow Tiak Cheow & Another v Pan-United Industries Pte Ltd [2002] SGHC 250

Clause 6.2 of the Share Sale Agreement did not require a revaluation of the Property for the purpose of the Completion Accounts, and the plaintiffs breached the NTA warranty.

Sushant Shukla· ·13 min read
Singapore

Ng Sylvia v Oon Choon Huat Peter and Another [2002] SGHC 25

The term 'marriage' in s 112 of the Women's Charter refers to a marriage solemnized and registered in accordance with the Charter, not a customary marriage.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Aw Teck Hock [2002] SGHC 249

Intoxication is not a mitigating factor for a grown-up man in a criminal charge, and the court must consider the disparity in physical condition between the accused and the elderly victim.

Sushant Shukla· ·13 min read
Singapore

Sahadevan s/o Gundan v Public Prosecutor [2002] SGHC 248

An appellate court may set aside a conviction if the prosecution's case is based on inconsistent evidence and fails to call a material witness, leading to reasonable doubt.

Sushant Shukla· ·14 min read
Singapore

Thyssen Hunnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd [2002] SGHC 247

A document is discoverable if it is relevant to the issues in the case, and the 'train of inquiry' test is applicable for specific discovery under O 24 r 5 of the Rules of Court.

Sushant Shukla· ·12 min read
Singapore

Yunnan Baiyao Group Co Ltd v Tong Jum Chew Pte Ltd & Another [2002] SGHC 246

In Yunnan Baiyao Group Co Ltd v Tong Jum Chew Pte Ltd & Another, the High Court of the Republic of Singapore addressed issues of Tort — Passing off.

Sushant Shukla· ·4 min read