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Yap Chwee Khim v American Home Assurance Co and Others

A trial judge has wide powers under s 167 of the Evidence Act to question witnesses, but this power must be exercised with caution and detachment, without usurping the role of counsel or descending into the arena.

Sushant Shukla· ·13 min read
Singapore

Marinteknik Shipbuilders (S) Pte Ltd v SNC Passion [2001] SGHC 141

The court discharged an injunction restraining a call on an on-demand performance bond because there was no evidence of fraud or unconscionability, and the Plaintiffs had failed to make full and frank disclosure in their ex parte application.

Sushant Shukla· ·13 min read
Singapore

Credit Agricole Indosuez v Banque Nationale de Paris

A successful appellant is entitled to restitution of money paid under a reversed judgment, including interest, to prevent unjust enrichment of the respondent.

Sushant Shukla· ·12 min read
Singapore

Choo Pheng Soon v Public Prosecutor [2001] SGHC 14

In Choo Pheng Soon v PP [2001] SGHC 14, the High Court affirmed the conviction for fabricating false evidence and enhanced the sentence from two years to three and a half years, citing the appellant's unrepentant conduct and the waste of judicial resources.

Sushant Shukla· ·8 min read
Singapore

Sharon Global Solutions Pte Ltd v LG International (Singapore) Pte Ltd [2001] SGHC 139

In Sharon Global Solutions Pte Ltd v LG International (Singapore) Pte Ltd [2001] SGHC 139, the court ruled for the plaintiff, rejecting the defense of economic duress and affirming that the agreement to share freight costs was supported by valid consideration and practical benefit.

Sushant Shukla· ·8 min read
Singapore

Tay Kah Tiang v Public Prosecutor

The court held that the appellant had physical possession of the drugs and failed to rebut the presumption of trafficking under s 17 of the Misuse of Drugs Act. The court also affirmed that additional evidence will only be admitted on appeal in extraordinary circumstances where t

Sushant Shukla· ·12 min read
Singapore

Shoba D/O Gunasekaran v A Rajandran and Another [2001] SGHC 138

The paramount consideration in a custody order is the welfare of the child, and the court must assess which parent is better able to provide the proper environment for the child's upbringing.

Sushant Shukla· ·14 min read
Singapore

Pandiyan Thanaraju Rogers v Public Prosecutor [2001] SGHC 136

The court held that the receipt of a loan by a police officer from a person suspected of illegal moneylending, in exchange for promises of assistance in a police case, constitutes corrupt acceptance of gratification under s 6(a) of the Prevention of Corruption Act.

Sushant Shukla· ·13 min read
Singapore

De Souza Tay & Goh (suing as a firm) v Singapore Press Holdings Ltd and another action [2001] SGHC 134

In De Souza Tay & Goh v Singapore Press Holdings Ltd [2001] SGHC 134, the High Court dismissed the plaintiffs' defamation appeal, ruling that the 'bane and antidote' principle applies: an article must be read as a whole, and explanatory context can neutralize potentially defamatory inferences.

Sushant Shukla· ·7 min read
Singapore

KCC (Singapore) Pte Ltd v Anti Corrosion Pte Ltd [2001] SGHC 133

The Plaintiffs breached a fundamental term of the agreement by failing to supply paint certified to the SS 345 standard as agreed, and the paint supplied was not fit for external use.

Sushant Shukla· ·15 min read
Singapore

1.Chew Kia Ngee 2.Chan Ket Teck as Liquidators of PcChip Computer Manufacturer (S) Pte Ltd and Oversea-Chinese Banking COrporation Limited [2001] SGHC 132

Analysis of [2001] SGHC 132, a decision of the High Court of the Republic of Singapore on 2001-06-13.

Sushant Shukla· ·3 min read
Singapore

Re PCChip Computer Manufacturer (S) Pte Ltd (in compulsory liquidation) [2001] SGHC 131

The court, in the exercise of its equitable jurisdiction over its officers (liquidators), may compel them to return money paid under a mistake of fact to prevent an unconscionable enrichment of the insolvent estate, even if the liquidators were not personally involved in the mist

Sushant Shukla· ·15 min read
Singapore

Thiruselvam s/o Nagaratnam v Public Prosecutor

The Court of Appeal dismissed the appeal, affirming that the prosecution holds the discretion to charge abettors with either capital or non-capital offences. This exercise of power does not violate the constitutional right to equality before the law.

Sushant Shukla· ·13 min read
Singapore

Tan Yeow Khoon & Another v The Law Society of Singapore [2001] SGHC 130

In Tan Yeow Khoon & Another v The Law Society of Singapore, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Eldon v Public Prosecutor [2001] SGHC 13

An appellate court will be slow to overturn a trial judge's findings of fact unless they are shown to be plainly wrong. A fight is defined as a bilateral transaction in which blows are exchanged.

Sushant Shukla· ·13 min read
Singapore

Tan Yeow Khoon and Another v The Law Society of Singapore [2001] SGHC 129

The court held that it has no jurisdiction to inquire into a complaint against an advocate and solicitor that has not been first inquired into by an Inquiry Committee and determined by the Council of the Law Society.

Sushant Shukla· ·14 min read
Singapore

In te Matter of Section 102 of the Legal Profession Act (Cap 161) revised Edition 2001 v In the Matter of an application by Nirmal Singh s/o Fauja Singh [2001] SGHC 128

In In te Matter of Section 102 of the Legal Profession Act (Cap 161) revised Edition 2001 v In the Matter of an application by Nirmal Singh s/o Fauja Singh, the High Court of the Republic of Singapore addressed issues of No catchword.

Sushant Shukla· ·2 min read
Singapore

Public Prosecutor v Mohamad Noor bin Abdullah [2001] SGHC 127

The court held that the accused failed to rebut the prosecution's case for drug trafficking, as the presence of trafficking accessories and the lack of a credible consumption defence indicated trafficking activity.

Sushant Shukla· ·12 min read
Singapore

Newspeed International Limited v Citus Trading Pte Ltd [2001] SGHC 126

A party cannot challenge an arbitration award in the enforcing court on grounds that were already raised and rejected by the courts of the seat of arbitration.

Sushant Shukla· ·13 min read
Singapore

The "Arktis Fighter" [2001] SGHC 124

The court held that security for an arrested vessel should cover the plaintiff's reasonably best arguable case, including interest and costs, but should not exceed the value of the vessel, and that ex parte applications for inspection should be made only in exceptional circumstan

Sushant Shukla· ·12 min read
Singapore

Tan Ngin Hai v Public Prosecutor [2001] SGHC 122

Preventive detention is appropriate for a recalcitrant offender who has proven by his history of criminal behaviour to be a menace to society, regardless of whether the specific offence involved violence or dishonesty.

Sushant Shukla· ·13 min read
Singapore

Nomura Regionalisation Venture Fund Ltd v Ethical Investments Ltd [2001] SGHC 121

The court granted relief against forfeiture of shares where the forfeiture provision was essentially a penalty to secure payment, and the notice of forfeiture was technically invalid.

Sushant Shukla· ·13 min read
Singapore

Industrial & Commercial Bank Ltd v Banco Ambrosiano Veneto S.P.A. [2001] SGHC 120

Authenticated SWIFT messages have the legal effect of binding the sender bank according to their contents, as the system is designed to avoid arguments regarding authority.

Sushant Shukla· ·14 min read
Singapore

Chiu Teng Construction Co Pte Ltd v The Hartford Insurance Company (Singapore) Ltd (formerly known as The People's Insurance Co Ltd) [2001] SGHC 119

An insurer is entitled to raise policy defences against a third party who has stepped into the shoes of the insured under the Third Parties (Rights Against Insurers) Act, and a final judgment against the insured is conclusive evidence of liability and quantum against the insurer.

Sushant Shukla· ·15 min read