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New Civilbuild Pte Ltd v Guobena Sendirian Berhad and Another [2000] SGHC 47

The court clarifies the application of O 59 r 19 of the Rules of Court 1997 regarding the award of costs for multiple counsel, emphasizing that such awards are exceptional and require complexity in facts or law.

Sushant Shukla· ·12 min read
Singapore

Bayerische Landesbank Girozentrale v Sng Chee Hua [2000] SGHC 46

The court held that the bank's evidence in support of its summary judgment application was sufficient and that the defendant failed to establish illegality under the Banking Act or the Exchange Control Act of Malaysia.

Sushant Shukla· ·14 min read
Singapore

Nam Kee Asphalt Pte Ltd v Chew Eu Hock Construction Co Pte Ltd [2000] SGHC 45

The court held that 'Estimated Quantity' in a supply contract does not constitute a minimum quantity obligation, and that an exclusivity clause cannot be implied into a contract where it is not necessary for business efficacy.

Sushant Shukla· ·14 min read
Singapore

Djuric and Others v Toshali Marketing Pte Ltd [2000] SGHC 44

An appeal against an order for security for costs is not automatically stayed by the order itself, and the appellate court has the inherent jurisdiction to regulate its own procedure regarding the hearing of such an appeal.

Sushant Shukla· ·15 min read
Singapore

Public Prosecutor v Christopher S/O M P Nathan [2000] SGHC 43

The court held that the Complainant's testimony was credible despite her borderline intelligence, and that the Accused's defence of consent was unbelievable and contradicted by his failure to raise it in his earlier statements.

Sushant Shukla· ·12 min read
Singapore

Mak Seng Fook v Lin Kao Chi and Another [2000] SGHC 42

The court upheld the summary judgment granted to the plaintiff for monies owed under an oral agreement, rejecting the defendants' contention that the first defendant acted only as an agent for a third party.

Sushant Shukla· ·12 min read
Singapore

Public Prosector v Chan Choon Wai [2000] SGHC 41

The court held that the defence of provocation was not available as the accused over-reacted to mild provocation and failed to display the self-control expected of an ordinary person.

Sushant Shukla· ·12 min read
Singapore

Tan Kong Kar and Another v Bonsel Development Pte Ltd [2000] SGHC 40

Clause 10 of the option agreement imposed an absolute obligation on the defendants to remove the caveat, and failure to do so constituted a breach of contract.

Sushant Shukla· ·13 min read
Singapore

Tan Sai Tiang v Public Prosecutor [2000] SGHC 4

In Tan Sai Tiang v Public Prosecutor [2000] SGHC 4, the High Court reduced the appellant's sentence from two years to 18 months. The court ruled that the trial judge failed to give sufficient weight to full restitution and placed undue emphasis on the number of charges over relative culpability.

Sushant Shukla· ·8 min read
Singapore

Ng Ai Tiong v Public Prosecutor [2000] SGHC 39

A criminal motion under s 60 of the Supreme Court of Judicature Act must clearly articulate the specific order sought and satisfy the statutory requirements of public interest and legal necessity; it cannot be used as a 'backdoor appeal'.

Sushant Shukla· ·13 min read
Singapore

Public Prosecutor v Loganatha Venkatesan and Others [2000] SGHC 38

The court held that the three accused were guilty of murder based on common intention to kill the victim.

Sushant Shukla· ·12 min read
Singapore

Gema Metal Ceilings (Far East) Pte Ltd v Iwatani Techno Construction (M) Sdn Bhd [2000] SGHC 37

In Gema Metal Ceilings v Iwatani Techno Construction, the court ruled the plaintiffs breached their contract to design a proper ceiling system. The defendants were awarded damages, and the plaintiffs were ordered to pay costs, establishing that defect warranties do not preclude legal action.

Sushant Shukla· ·8 min read
Singapore

Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd [2000] SGHC 36

The court has a wide discretion to extend time for service of a notice of appeal under O 3 r 4 of the Rules of Court, and a solicitor's mistake is a factor that may be taken into account in exercising this discretion.

Sushant Shukla· ·13 min read
Singapore

Law Society of Singapore v Ng Chee Sing [2000] SGHC 35

In Law Society of Singapore v Ng Chee Sing [2000] SGHC 35, the Court of Three Judges ordered the respondent to be struck off the roll. The court held that dishonesty and lack of integrity warrant permanent removal, rejecting pleas of inexperience and emphasizing the protection of public interest.

Sushant Shukla· ·8 min read
Singapore

Arul Chandran v William J. Gartshore and Others [2000] SGHC 34

General damages for mental distress and loss of reputation are not recoverable for breach of contract, except in exceptional circumstances.

Sushant Shukla· ·13 min read
Singapore

Re Winpac Paper Products Pte Ltd [2000] SGHC 33

The court will not substitute its opinion for that of the management on business decisions honestly arrived at, and will deny an application for leave to bring a derivative action if the intended action is frivolous, vexatious, or bound to be unsuccessful.

Sushant Shukla· ·14 min read
Singapore

Chau Kwok Fun Kevin and Another v Etons Management Consultants Pte Ltd formerly known as Eng Kheng Management Consultants Pte Ltd and Others [2000] SGHC 32

The court rectified a settlement agreement to correct a mistake in the definition of 'our clients' which had inadvertently imposed payment obligations on parties not intended to be liable.

Sushant Shukla· ·14 min read
Singapore

Neo Boh Tan v Ng Kim Whatt [2000] SGHC 31

In Neo Boh Tan v Ng Kim Whatt [2000] SGHC 31, the Court held that a resulting trust arose by operation of law to reflect the plaintiff's sole financial contribution to an HDB flat, confirming that such trusts are permissible when not used to circumvent HDB eligibility regulations.

Sushant Shukla· ·8 min read
Singapore

New Civilbuild Pte Ltd v Guobena Sdn Bhd and Another [2000] SGHC 30

The court held that a delay certificate is a condition precedent to a claim for liquidated damages under the SIA form of sub-contract, and that interlocutory orders do not give rise to issue estoppel.

Sushant Shukla· ·13 min read
Singapore

Cathay Theatres Pte Ltd v LKM Investment Holdings Pte Ltd [2000] SGHC 3

The court held that special circumstances justifying a stay of execution pending appeal are not limited to cases where the judgment creditor might be unable to return the money; difficulties in enforcing specific performance against an impecunious purchaser and the risk of render

Sushant Shukla· ·13 min read
Singapore

Frontfield Investment Holding (Pte) Ltd and 1.The Management Corporation Strata Title no.938 2.Chiam Chong Yang 3.Tham Yu Mei 4.Yap Lee Tuan Nee Tan 5.Tan Siew Hua alias Yap Soo Hai [2000] SGHC 290

Analysis of [2000] SGHC 290, a decision of the High Court of the Republic of Singapore on 2000-06-30.

Sushant Shukla· ·2 min read
Singapore

Keppel Tatlee Bank Ltd v Teck Koon Investment Pte Ltd and Others [2000] SGHC 29

A registered legal mortgagee has priority over any equitable interest of purchasers who failed to obtain the mortgagee's consent for the sale, and the purchasers were denied equitable relief due to unclean hands.

Sushant Shukla· ·12 min read
Singapore

Poly Resources Pte Ltd v Brani Readymixed Pte Ltd [2000] SGHC 289

The court held that there was no implied term requiring the buyer to place orders each month, as the contract was for a fixed quantity of granite aggregate to be supplied over a set period.

Sushant Shukla· ·13 min read
Singapore

Twin Enterprises Pte Ltd v Lim Heng Wah Peter [2000] SGHC 288

The High Court allowed the defendant's appeal, setting aside a $177,000 credit awarded to the plaintiffs. The court ruled that the plaintiffs' failure to cross-examine the defendant on specific invoice entries precluded them from challenging the claim, citing the rule in Browne v Dunn.

Sushant Shukla· ·8 min read