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Collector of Land Revenue v Mustaq Ahmad s/o Mustafa

Provisional planning permission cannot be taken into account for the purpose of determining the market value of an acquired property under section 33(5)(e) of the Land Acquisition Act.

Sushant Shukla· ·13 min read
Singapore

Management Corporation Strata Title No 473 v De Beers Jewellery Pte Ltd

The court held that money paid under a mistake of law is recoverable, and that a management corporation's power to levy contributions is strictly governed by the Land Titles (Strata) Act.

Sushant Shukla· ·12 min read
Singapore

In the Matter of Section 73 of the Companies Act and In the Matter of Beaufort Sentosa Development Pte Ltd [2001] SGHC 222

Analysis of [2001] SGHC 222, a decision of the High Court of the Republic of Singapore on 2001-08-14.

Sushant Shukla· ·2 min read
Singapore

Re Beaufort Sentosa Development Pte Ltd [2001] SGHC 220

A company may reduce its share capital by cancelling and repaying preference shares even if it lacks sufficient profits to redeem them under s 70 of the Companies Act, provided the reduction is sanctioned by the court under s 73.

Sushant Shukla· ·13 min read
Singapore

Re Windsor Holdings Pte Ltd [2001] SGHC 22

A winding-up order is appropriate where a company is unable to pay its debts and fails to provide substantive proof of fresh financing, even if the company claims to have assets that could potentially cover the debt.

Sushant Shukla· ·13 min read
Singapore

Dr Lo Sook Ling Adela v Au Mei Yin Christina and Another

The appellate court held that the presumption of accuracy of a survey plan under s 85 of the Evidence Act can be rebutted by evidence showing the fence line was not accurately depicted, and that the appellant had established adverse possession.

Sushant Shukla· ·12 min read
Singapore

Re Howe Martin Russell Thomas QC [2001] SGHC 219

The court dismissed an application for ad hoc admission of a Queen's Counsel because the case did not meet the threshold of sufficient difficulty and complexity, and the local Bar possessed sufficient expertise.

Sushant Shukla· ·13 min read
Singapore

Star City Pty Ltd (fka Sydney Harbour Casino Pty Ltd) v Tan Hong Woon

Section 5(2) of the Civil Law Act is a procedural provision that renders actions to recover money won upon a wager unenforceable in Singapore, regardless of whether the wager was concluded abroad or is valid under its proper law.

Sushant Shukla· ·15 min read
Singapore

Flagship Agencies Pte Ltd (formerly known as Adena Trading & Engineering Pte Ltd) v BBQ Express Pte Ltd (formerly known as Meadowbake Delicatessen Pte Ltd) [2001] SGHC 218

In Flagship Agencies Pte Ltd (formerly known as Adena Trading & Engineering Pte Ltd) v BBQ Express Pte Ltd (formerly known as Meadowbake Delicatessen Pte Ltd), the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·5 min read
Singapore

Khwan-On Natthaphon v Public Prosecutor

The court held that the defence of diminished responsibility was not made out on the balance of probabilities, and the prosecution proved the charge of murder beyond reasonable doubt.

Sushant Shukla· ·12 min read
Singapore

Public Prosecutor v Yap Ah Chuan [2001] SGHC 217

The accused failed to rebut the presumption of trafficking under s 17(c) of the Misuse of Drugs Act, as his evidence regarding the purpose of possession was inconsistent and lacked credibility.

Sushant Shukla· ·13 min read
Singapore

Leong Mei Chuan v Chan Teck Hock David

The court held that a less stringent approach should be adopted in considering an application for leave to amend a notice of appeal, and that such an application should be granted unless it causes prejudice to the opposing party that cannot be compensated by costs.

Sushant Shukla· ·14 min read
Singapore

Leefon Corporation (Pte) Ltd v Stone Tec Material Supplies Pte Ltd [2001] SGHC 216

A contract cannot be varied by conduct where an existing contract already governs the relationship and the conduct is consistent with that contract.

Sushant Shukla· ·11 min read
Singapore

Zulfikar bin Mustaffah v Public Prosecutor

The court held that the appellant's story was unconvincing and that he was a knowing courier for the drugs, thus failing to rebut the presumption of possession for trafficking.

Sushant Shukla· ·12 min read
Singapore

Joshua Benjamin Jeyaretnam v Indra Krishnan [2001] SGHC 215

In Joshua Benjamin Jeyaretnam v Indra Krishnan, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Public Prosecutor v Julia Elizabeth Tubbs [2001] SGHC 214

In Public Prosecutor v Julia Elizabeth Tubbs, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Shanjan Chandra Mandal v Worldwide Resources Trading & Building Services Pte Ltd [2001] SGHC 213

The Commissioner for Labour has the power under s 25 of the Workmen's Compensation Act to conduct a hearing and determine the issue of liability even after a notice of assessment has been issued.

Sushant Shukla· ·15 min read
Singapore

Banque Nationale De Paris v Tan Nancy and Another

The court held that costs should not follow the event where the successful party unnecessarily protracted proceedings by raising meritless claims.

Sushant Shukla· ·3 min read
Singapore

Public Prosecutor v Tubbs Julia Elizabeth [2001] SGHC 212

The appellate court will not disturb the findings of fact of a lower court unless they are clearly reached against the weight of evidence, and the doctrine of res ipsa loquitur has no application in criminal cases.

Sushant Shukla· ·13 min read
Singapore

Tan Boon Hai (on behalf of himself and all other unsuccessful candidates in the Singapore Hainan Hwee Kuan 1999/2000 Management Committee Elections) v Lee Ah Fong and Others

A judge hearing an application for review of taxation of costs under O 59 r 36 of the Rules of Court hears the matter de novo and is not fettered by the registrar's discretion.

Sushant Shukla· ·15 min read
Singapore

HSBC Bank USA (formerly known as Republic National Bank of New York) v Francisco Lee Wong and Another [2001] SGHC 210

The court held that the plaintiffs were entitled to close out the defendants' positions without a margin call under the contract, and that the defendants were responsible for the liquidation of their positions due to their own actions.

Sushant Shukla· ·14 min read
Singapore

Hui Cheng Wan Agnes v Nippon SP Tech (S) Pte Ltd [2001] SGHC 208

The court held that the Defendants were entitled to terminate the Plaintiff's employment by giving one month's salary in lieu of notice under the employment contract, and that the Defendants had not established misconduct justifying dismissal for cause.

Sushant Shukla· ·13 min read
Singapore

Ong Cher Keong v Goh Chin Soon Ricky [2001] SGHC 21

In Ong Cher Keong v Goh Chin Soon Ricky [2001] SGHC 21, the court upheld the validity of procedural directions, ruling that a party cannot challenge an order they actively proposed. The decision reinforces litigation estoppel, preventing parties from disavowing tactical choices post-judgment.

Sushant Shukla· ·8 min read
Singapore

Andre Ravindran S Arul v Tunku Ibrahim Ismail bin Sultan Iskandar Al-Haj [2001] SGHC 209

The court held that the defendant failed to establish that Malaysia was a more appropriate forum for the trial, and that the Singapore court should not lightly surrender its jurisdiction.

Sushant Shukla· ·12 min read