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Singapore

Koh Bros Building and Civil Engineering Contractor Pte Ltd v Scotts Development (Saraca) Pte Ltd [2002] SGHC 223

An arbitrator misconducts the proceedings by deciding a point without giving parties an opportunity to be heard on it, thereby breaching natural justice.

Sushant Shukla· ·14 min read
Singapore

Rahmatullah s/o Oli Mohamed v Rohayaton binte Rohani and Others [2002] SGHC 222

The court dismissed the plaintiff's claim for specific performance because the signatures of the defendants on the option to purchase were forged, and the plaintiff failed to come to equity with clean hands.

Sushant Shukla· ·13 min read
Singapore

Gan Hock Keong Winston v Public Prosecutor [2002] SGHC 221

An appellate court will not disturb findings of fact unless they are plainly wrong or against the weight of the evidence, and a trial judge is not obliged to accept the exculpatory evidence of a prosecution witness if their credit has been impeached.

Sushant Shukla· ·14 min read
Singapore

Christian Schuler v New Era of Networks (Singapore) Pte Ltd [2002] SGHC 220

Summary dismissal of an employee is justified where the employee acts in blatant contravention of clear instructions from the employer regarding payment controls, thereby breaching the duty of fidelity and good faith.

Sushant Shukla· ·17 min read
Singapore

Bermuda Trust (Singapore) Ltd v Richard Wee and Others [2002] SGHC 22

Trustees are entitled to charge fees based on the open market value of trust assets as determined by a reputable valuer, and are liable for interest on trust funds if they delay payment without reasonable excuse.

Sushant Shukla· ·12 min read
Singapore

Panwell Pte Ltd and Another v Indian Bank [2002] SGHC 219

Damages for conversion should be assessed as at the date of conversion, as this is the fairest and most accurate measure, unless the plaintiff can show that the normal rule is deficient.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Huang Rong Tai and Another [2002] SGHC 218

The court acquitted the accused because the sole evidence against them, the confession of the first accused, was unreliable due to his educationally sub-normal status and the circumstances of the confession.

Sushant Shukla· ·12 min read
Singapore

Sarjit Singh s/o Mehar Singh v Public Prosecutor [2002] SGHC 217

In Sarjit Singh s/o Mehar Singh v PP [2002] SGHC 217, the High Court dismissed a petition for revision by an advocate convicted of criminal breach of trust. The Court enhanced his sentence to 36 months, emphasizing the severe fiduciary breach inherent in a lawyer's misappropriation of client funds.

Sushant Shukla· ·7 min read
Singapore

Wong Soon Lee v Public Prosecutor [2002] SGHC 216

Hardship caused to the family of an accused person by his imprisonment is generally of little weight in sentencing, unless the circumstances are exceptional.

Sushant Shukla· ·14 min read
Singapore

Tan Kok Ing v Ang Boon Aik and Others [2002] SGHC 215

The court held that a party's deliberate failure to disclose relevant and material documents in breach of an unless order justifies striking out the claim or assessing damages at $0.

Sushant Shukla· ·14 min read
Singapore

Epolar System Enterprise Pte Ltd and Others v Lee Hock Chuan and Others [2002] SGHC 214

The court held that findings of fact from a previous trial are not evidence in a separate and independent trial, and that an owner of premises does not owe a duty of care to third parties to make periodic checks on the electrical system.

Sushant Shukla· ·14 min read
Singapore

Wee Soon Kim Anthony v UBS AG [2002] SGHC 213

A McKenzie friend has no right to act as an advocate for a litigant in person; their role is limited to providing quiet assistance and advice.

Sushant Shukla· ·13 min read
Singapore

Attorney General v Tye Kheng (Pte) Ltd [2002] SGHC 212

The court held that the phrase 'Government survey or resurvey' in the agreement refers to the final title survey, and that the obligation to pay the adjusted price does not merge in the transfer of land.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Choong Kian Haw [2002] SGHC 211

A custodial sentence is the norm for offences under s 131(1)(b) of the Bankruptcy Act, and the burden is on the offender to show exceptional circumstances to warrant a fine.

Sushant Shukla· ·13 min read
Singapore

B & Another v D [2002] SGHC 210

In custody proceedings, the welfare of the infant is the paramount consideration under s 3 of the Guardianship of Infants Act.

Sushant Shukla· ·13 min read
Singapore

Thyssen Hynnebeck Singapore Pte Ltd v TTJ Civil Engineering Pte Ltd [2002] SGHC 21

The court held that the contract did not require the plaintiff to pre-assemble the formwork, as the massive nature of the equipment made pre-assembly impractical and the contract terms regarding site supervision and maintenance implied assembly was to be performed on-site by the

Sushant Shukla· ·12 min read
Singapore

Tan Choon Kin v Public Prosecutor [2002] SGHC 209

An appellate court will not disturb findings of fact unless they are clearly reached against the weight of the evidence, especially where the trial judge has had the benefit of observing the demeanour of witnesses.

Sushant Shukla· ·12 min read
Singapore

Chidambaram s/o Alagappa v Alagappa Subramanian [2002] SGHC 208

In Chidambaram s/o Alagappa v Alagappa Subramanian [2002] SGHC 208, the court dismissed allegations of misconduct, ruling that the defendant fulfilled his fiduciary duty to account for the '4 Brothers' Accounts' through substantiated financial records, ordering payment of over S$2.6 million.

Sushant Shukla· ·8 min read
Singapore

Bayerische Landesbank Girozentrale v Dato Azlan bin Hashim [2002] SGHC 207

The court has jurisdiction under O 20 r 11 of the Rules of Court to amend a judgment entered for an amount in excess of what is due, where the error arose from an accidental slip or omission, provided the amendment does not prejudice the other party.

Sushant Shukla· ·15 min read
Singapore

Anthony Wee Soon Kim v UBS AG [2002] SGHC 206

The court held that bank records such as correspondence, confirmation notes, and facility letters constitute 'bankers' books' under s 175 of the Evidence Act, and that an order under s 175 of the Evidence Act provides a valid legal basis for a bank to disclose customer informatio

Sushant Shukla· ·12 min read
Singapore

BCH Retail Investment Pte Ltd v Chief Assessor [2002] SGHC 205

Advertising and promotion contributions paid by tenants to a landlord are deductible from gross rent for the purpose of calculating annual value if they are for services provided by the landlord and are reasonably incurred.

Sushant Shukla· ·14 min read
Singapore

Public Prosecutor v Seethong Phichet [2002] SGHC 204

In Public Prosecutor v Seethong Phichet, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·4 min read
Singapore

Osman bin Ramli v Public Prosecutor [2002] SGHC 203

Mere presence in an unlawful assembly may constitute membership if the circumstances justify an inference that the accused shared the common object of the assembly.

Sushant Shukla· ·14 min read
Singapore

Guan Chong Cocoa Manufacturer Sdn Bhd v Pratiwi Shipping S A [2002] SGHC 202

A mareva injunction is a draconian measure to be ordered only in exceptional circumstances, requiring solid evidence of a risk of dissipation.

Sushant Shukla· ·14 min read