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Singapore

Fu Hai Construction Pte Ltd v Econ Corporation Limited [2002] SGHC 201

The court held that the defendants made fraudulent misrepresentations regarding soil conditions and the scope of the subcontract, entitling the plaintiffs to rescission of the contract.

Sushant Shukla· ·14 min read
Singapore

Joseph Clement Louis Arokiasamy v Singapore Airlines Ltd [2002] SGHC 200

The court held that in a master-servant relationship, there is no implied right to natural justice unless the contract or relevant regulations expressly provide for it. Reinstatement is not a remedy available in court for wrongful dismissal, as it is a power reserved for the Mini

Sushant Shukla· ·16 min read
Singapore

Lee Eng Hock v Public Prosecutor [2002] SGHC 20

The High Court dismissed an application for criminal revision, emphasizing that such jurisdiction is exercised sparingly. It is reserved for cases involving manifest errors or irregularities that lead to serious injustice.

Sushant Shukla· ·13 min read
Singapore

Lim Chuan Huat and Another v Public Prosecutor [2002] SGHC 2

The court held that while the charges were duplicitous due to the phrase 'various occasions', the error was curable under s 396 of the Criminal Procedure Code as it did not cause a failure of justice or prejudice the appellants' defence. Furthermore, a joint trial was permissible

Sushant Shukla· ·13 min read
Singapore

Low Lin Lin v Public Prosecutor [2002] SGHC 199

The court held that the presumption of possession under s 18(1) of the Misuse of Drugs Act can be invoked even if the accused does not have physical possession or control of the item, provided ownership is acknowledged and access is possible. The court also affirmed that a witnes

Sushant Shukla· ·12 min read
Singapore

Malaysian International Trading Corp Sdn Bhd v Interamerica Asia Pte Ltd and Others [2002] SGHC 198

The case establishes that for a person to be liable as an accessory to a breach of trust, they must have acted dishonestly by the objective standards of reasonable and honest people, while also being subjectively aware that their conduct was dishonest by those standards.

Sushant Shukla· ·15 min read
Singapore

Chua Ah Beng v The Commissioner For Labour [2002] SGHC 197

In Chua Ah Beng v The Commissioner For Labour, the High Court clarified that section 33(3) of the WCA allows injured workmen a choice of forum. While the court dismissed the mandamus application, it established that common law claims do not permanently bar future WCA compensation.

Sushant Shukla· ·9 min read
Singapore

Yeoh Poh San and Another v Won Siok Wan [2002] SGHC 196

The court affirmed that Singapore was the natural forum for the dispute as the alleged misappropriation and enrichment occurred in Singapore, and the governing law was Singapore law.

Sushant Shukla· ·12 min read
Singapore

Lim Hun Ching and Another v Lim Ah Choon [2002] SGHC 195

Clause 10 of the Option, which excludes compensation for misdescription, is effective and precludes the purchaser from obtaining compensation or damages for a shortfall in the estimated gross floor area, even if the misdescription is substantial, provided the purchaser elects to

Sushant Shukla· ·14 min read
Singapore

Mohammed Walik Shafiq bin Adzhar Sah v Public Prosecutor [2002] SGHC 194

A district judge acting in the capacity of a magistrate in a Magistrate Arrest Case only holds the sentencing powers of a Magistrate’s Court and cannot impose reformative training.

Sushant Shukla· ·13 min read
Singapore

Lim Weng Kee v Public Prosecutor [2002] SGHC 193

The standard of 'reasonable diligence' for directors under s 157(1) of the Companies Act is objective, and this standard applies to both civil and criminal breaches of the duty.

Sushant Shukla· ·13 min read
Singapore

Malayan Banking Berhad v Measurex Engineering Pte Ltd and Another [2002] SGHC 192

The court held that interest rates agreed to by the borrower, including a spread component, are binding and cannot be challenged by the guarantor.

Sushant Shukla· ·14 min read
Singapore

Shamsul bin Abdullah v Public Prosecutor [2002] SGHC 191

An appellate court should not intervene in a trial judge's findings of fact unless they are plainly wrong, especially when the trial judge has applied a strict standard of scrutiny to the evidence.

Sushant Shukla· ·12 min read
Singapore

Hon Chi Wan Colman v Public Prosecutor [2002] SGHC 190

Sole dominion is not a necessary condition to establishing criminal breach of trust; general control and supervision over property is sufficient.

Sushant Shukla· ·11 min read
Singapore

Just Gems Limited v Shirley Ooi Ching Ling and Another [2002] SGHC 19

In Just Gems Limited v Shirley Ooi Ching Ling [2002] SGHC 19, the High Court ruled in favor of the plaintiff, ordering the repayment of US$550,000 due to a total failure of consideration in a failed share investment, and declared the plaintiff was never a shareholder of Pacific Rim Limited.

Sushant Shukla· ·8 min read
Singapore

Ong Tean Hoe v Hong Kong Industrial Company Private Limited [2002] SGHC 189

The court affirmed the registrar's taxation of costs, noting that while the case was not factually complex, the unique nature of the injury (amputation of both hands) justified more detailed research and preparatory work.

Sushant Shukla· ·13 min read
Singapore

Mohd Ghalib s/o Sadruddin v Public Prosecutor [2002] SGHC 188

The court held that expert handwriting evidence, if unopposed and based on sound grounds, should be accepted. It also affirmed that the Prevention of Corruption Act (Cap 241) provides for heavier penalties than the Penal Code for giving false information to the CPIB.

Sushant Shukla· ·11 min read
Singapore

Public Prosecutor v Lee Wei Zheng Winston [2002] SGHC 187

The High Court held that subordinate courts have no power to alter a sentence once pronounced, except for clerical errors or mistakes before the court rises for the day. Furthermore, caning cannot be executed in instalments, so additional strokes cannot be ordered if the original

Sushant Shukla· ·12 min read
Singapore

Re Pinkroccade Educational Services Pte Ltd (formerly known as PDA Pink Elephant Pte Ltd)(in creditors' voluntary winding up) [2002] SGHC 186

A company in voluntary liquidation holds money paid to it by mistake under a constructive trust if it is unconscionable for the company to retain it, provided the money is identifiable.

Sushant Shukla· ·14 min read
Singapore

United Artists Singapore Theatres Pte Ltd & Another v Parkway Properties Pte Ltd & Another [2002] SGHC 185

The High Court ruled for the Plaintiffs in United Artists Singapore v Parkway Properties, ordering the return of $1.84M in deposits. The court held that 'subject to contract' payments are recoverable when a lease fails, as agreements to negotiate are not legally enforceable contracts.

Sushant Shukla· ·8 min read
Singapore

Re XYZ (an infant) [2002] SGHC 184

The court has no jurisdiction to amend an adoption order after it has been made and perfected, except under the slip rule.

Sushant Shukla· ·14 min read
Singapore

Teo Teo Lee v Ong Swee Lan and Others [2002] SGHC 183

In Teo Teo Lee v Ong Swee Lan [2002] SGHC 183, the High Court ruled that an 'offer to lease' memorandum was a binding contract. The court ordered specific performance, rejecting claims of uncertainty and emphasizing that essential terms and a deposit indicate a clear intention to be legally bound.

Sushant Shukla· ·8 min read
Singapore

Bajumi Wahab and Others v Afro-Asia Shipping Co (Pte) Ltd and other applications and Others [2002] SGHC 182

A solicitor may amend a bill of costs rendered for taxation provided it is not done purely to pressure the client, and the court may adjust costs to neutralise such tactics.

Sushant Shukla· ·13 min read
Singapore

Virgin Mobile (Singapore) Pte Ltd v Virgin Store (Singapore) Pte Ltd (formerly known as Optimatum Pte Ltd) [2002] SGHC 181

An interim mareva injunction will not be granted where there is no sufficient evidence of dissipation of assets and the balance of convenience lies in not granting the injunction.

Sushant Shukla· ·13 min read