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Singapore

Elizabeth Usha v Public Prosecutor [2001] SGHC 34

A non-owner occupier of premises can be found guilty of harbouring illegal immigrants if they perform a positive act of providing habitation and control the premises.

Sushant Shukla· ·14 min read
Singapore

Merchant Industries (S) Pte Ltd v X-Media Communications Pte Ltd [2001] SGHC 338

The court held that the Plaintiffs wrongfully repudiated the Settlement Agreement by rejecting the server delivered by the Defendants, which met the contractual specifications.

Sushant Shukla· ·12 min read
Singapore

Phua Mong Seng @ Pan Mao Sheng Richard v Public Prosecutor [2001] SGHC 337

In Phua Mong Seng @ Pan Mao Sheng Richard v Public Prosecutor, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Phua Mong Seng v Public Prosecutor [2001] SGHC 336

Knowingly making false or misleading statements to induce investment under s 404(1)(a) of the Companies Act warrants a custodial sentence, and the court may enhance sentences if they are manifestly inadequate.

Sushant Shukla· ·15 min read
Singapore

Farida Begam d/o Mohd Artham v Public Prosecutor [2001] SGHC 335

The court affirmed the conviction and enhanced the sentence for an employer who abused her domestic maid, emphasizing the need for deterrence and the legislative intent behind s 73 of the Penal Code.

Sushant Shukla· ·13 min read
Singapore

Liang Huat Aluminium Industries Pte Ltd v Hi-Tek Construction Pte Ltd [2001] SGHC 334

A beneficiary of an on-demand performance bond may be restrained from calling on the bond if it is unconscionable to do so, but the applicant must establish a strong prima facie case of unconscionability.

Sushant Shukla· ·14 min read
Singapore

Kian Wah Hung (Private) Limited v William Interior Design [2001] SGHC 332

The court held that the factors for extending time to file a Notice of Appeal (as set out in Hau Khee Wee) apply equally to applications for extending time to file or serve the Record of Appeal, as the respondent acquires a final judgment right once the time for appeal expires.

Sushant Shukla· ·13 min read
Singapore

Sia Leng Yuen v HKR Properties Ltd [2001] SGHC 331

The term 'security' in rr 94(5) and 98(2) of the Bankruptcy Rules refers only to security on the property of the debtor, not security provided by a third party.

Sushant Shukla· ·13 min read
Singapore

PT Kiani Kertas v PT Indorimagas Pratama and Others [2001] SGHC 330

The court held that a preliminary issue involving both questions of law and fact should not be tried separately if it would not result in a substantial saving of time and expenditure, and if the facts are inextricably linked with other issues in the case.

Sushant Shukla· ·12 min read
Singapore

Lim Meng Chai v Heng Chok Keng and Another [2001] SGHC 33

A solicitor who wilfully disobeys court orders to release stakeholding monies and misleads the court during contempt proceedings is guilty of contempt of court.

Sushant Shukla· ·14 min read
Singapore

Madiaalakan s/o Muthusamy v Public Prosecutor [2001] SGHC 329

In Madiaalakan s/o Muthusamy v Public Prosecutor, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Mopi Pte Ltd v Central Mercantile Corporation (S) Ltd [2001] SGHC 328

In a passing-off action, the plaintiff must establish the 'classical trinity' of goodwill, misrepresentation, and damage. The court found that the defendants, not the plaintiffs, were the first to use the Hi-Bond mark on adhesive tapes and thus owned the goodwill.

Sushant Shukla· ·12 min read
Singapore

Beryl Claire Clarke (as personal representative of the Estate of the Late Eugene Francis Clarke) v Silkair (Singapore) Private Limited [2001] SGHC 326

The plaintiffs failed to discharge the burden of proving that the air crash was caused by the wilful misconduct or recklessness of the pilots, therefore the carrier is entitled to limit its liability under the Warsaw Convention.

Sushant Shukla· ·14 min read
Singapore

Xu Jin Long v Nian Chuan Construction Pte Ltd [2001] SGHC 325

Any contractual term that prevents a party from being sued in negligence for death or personal injury is a restriction of liability under s 2 of the Unfair Contract Terms Act and is unenforceable.

Sushant Shukla· ·14 min read
Singapore

Clarke Beryl Claire (as personal representative of the estate of Eugene Francis Clarke) and Another v SilkAir (Singapore) Pte Ltd and other actions (No 2) [2001] SGHC 324

In Clarke Beryl Claire v SilkAir (2001), the Singapore High Court dismissed the plaintiffs' claims, ruling they failed to prove the cause of the Flight MI 185 crash. Consequently, SilkAir was not barred from limiting its liability under the Warsaw Convention.

Sushant Shukla· ·8 min read
Singapore

Brian Wesley Batie v Tan Boon Hock [2001] SGHC 323

The court held that there was an implied term in the agreement that the defendant should carry out the removal of his equipment and fittings in a reasonable manner to facilitate the plaintiff's business start-up.

Sushant Shukla· ·13 min read
Singapore

The Law Society of Singapore [2001] SGHC 322

Analysis of [2001] SGHC 322, a decision of the High Court of the Republic of Singapore on 2001-10-22.

Sushant Shukla· ·2 min read
Singapore

Public Prosecutor v Ng Ah Kang [2001] SGHC 321

The court found the prosecution proved its case beyond a reasonable doubt based on the evidence and the accused's statements.

Sushant Shukla· ·16 min read
Singapore

Re Compensation Fund established under s 75 of the Legal Profession Act (Cap 161, 2000 Ed) [2001] SGHC 320

Section 75(9)(d) of the Legal Profession Act does not permit the Law Society to use the Compensation Fund to repay loans taken for purposes other than the Fund itself. However, the court may sanction such a scheme under s 56 of the Trustees Act if it is expedient.

Sushant Shukla· ·12 min read
Singapore

Tom-Reck Security Services Pte Ltd v Public Prosecutor [2001] SGHC 32

A corporate entity is not vicariously liable for the criminal acts of its employees unless the employee is the 'living embodiment' of the company or the act was performed within the scope of a properly delegated function of management.

Sushant Shukla· ·14 min read
Singapore

1.Panwell (Pte) Ltd; 2.Deogratias Pte Limited v Indian Bank [2001] SGHC 319

In 1.Panwell (Pte) Ltd; 2.Deogratias Pte Limited v Indian Bank, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Lam Soon Oil and Soap Manufacturing Sdn Bhd & Another v Whang Tar Choung & Another [2001] SGHC 318

The court refused an application to amend the Defence to include limitation and laches defences on the eve of trial, citing undue delay and prejudice to the fair trial process, particularly given the advanced age of the parties.

Sushant Shukla· ·14 min read
Singapore

Lam Soon Oil and Soap Manufacturing Sdn Bhd and Another v Whang Tar Choung and Another [2001] SGHC 317

The court refused to allow an amendment to the defence to plead limitation and laches on the eve of trial, where the defendant had been aware of these issues for a significant period and had pleaded them in parallel foreign proceedings, as allowing the amendment would cause undue

Sushant Shukla· ·13 min read
Singapore

Panwell Pte Ltd v Indian Bank (No 2) [2001] SGHC 315

The court held that the bank was estopped by convention from asserting that the 1990 offer had lapsed, as both parties had conducted their business relationship on the common assumption that the offer's terms were in force.

Sushant Shukla· ·12 min read