Supreme Court Judgements
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Werner Samuel Vuillemin v Oversea-Chinese Banking Corp Ltd
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Red Star Marine Consultants Pte Ltd v Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh, deceased and another
Wilmar Trading Pte Ltd v Heroic Warrior Inc.
AKRO Group DMCC v Discovery Drilling Pte Ltd
UTQ v UTR
Ram Niranjan v Navin Jatia and others and another suit
Singapore Medical Council v Looi Kok Poh and another matter
Bintai Kindenko Pte Ltd v Samsung C&T Corp and another
UHA v UHB and another appeal
Arpah bte Sabar and others v Colex Environmental Pte Ltd
Senda International Capital Ltd v Kiri Industries Ltd and others and another appeal
Goh Rosaline v Goh Lian Chyu and another
Soh Xia Kai Ronnie v Loke Chor Kay
Sunny Metal & Engineering Pte Ltd v Lee Xin Ben Jimmy (Serangoon Gardens Country Club, garnishee)
Adili Chibuike Ejike v Public Prosecutor
Nagaenthran a/l K Dharmalingam v Public Prosecutor and another appeal
Lim Chee Huat v Public Prosecutor
Bachmeer Capital Limited v Ong Chih Ching and others
Patsystems Pte Ltd v PT Bursa Komoditi Dan Derivatif Indonesia
China Railway No 5 Engineering Group Co Ltd Singapore Branch v Zhao Yang Geotechnic Pte Ltd
Sim Kang Wei v Public Prosecutor
Chong Sher Shen v Public Prosecutor
Taishan Sports Engineering Pte Ltd v Sivalingam Pragadesh Vinoth
Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd
BWU and another v BWW and another matter
I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others and another suit
Sin Tiong Wah International Pte Ltd v Pee Wee Liang
United Integrated Services Pte Ltd v Harmonious Coretrades Pte Ltd
Jocelyn Rita d/o Lawrence Stanley v Tan Gark Chong
B2C2 Ltd v Quoine Pte Ltd
Innovative Corp Pte Ltd v Ow Chun Ming and another
Rakna Arakshaka Lanka Ltd v Avant Garde Maritime Services (Pte) Ltd
Aathar Ah Kong Andrew v CIMB Securities (Singapore) Pte Ltd and other appeals and another matter
Global Switch (Property) Singapore Pte Ltd v Arup Singapore Pte Ltd
Shanker Maghalingam v Public Prosecutor
Public Prosecutor v Satesh s/o Navarlan
Asia Silk Stores v Lata Ashok Khemlani (trading as DJ Hira Enterprise)
Singapore Airlines Ltd v CSDS Aircraft Sales & Leasing Inc
BSD v Attorney-General and other matters
Marina Bay Sands Pte Ltd v Osuki Yohei
UTL v UTM
Salwant Singh s/o Amer Singh v Public Prosecutor
Law Society of Singapore v Yeo Siew Chye Troy
HE & SF Properties LP v Rising Dragon Singapore Pte Ltd and another
Kok Yin Chong and others v Lim Hun Joo and others
Brightex Paints (S) Pte Ltd v Tan Ongg Seng (in his personal capacity and trading as Starlit(S) Trading) and others
TWG Tea Co Pte Ltd v Murjani Manoj Mohan
Poh Lian Construction (Pte) Ltd (in liquidation) v Lauw Wisanggeni and others (Chia Quee Hock and others, third parties)
Pathfinder Strategic Credit LP and another v Empire Capital Resources Pte Ltd and another appeal
Millennium Pharmaceuticals, Inc v Drug Houses of Australia Pte Ltd and another appeal
BOI v BOJ
Lilyana Alwi v John Arifin
CRRC (Hong Kong) Co Ltd and another v Chen Weiping (Chew Hwa Kwang Patrick, third party)
CRRC (Hong Kong) Co Ltd and another v Chen Weiping (Chew Hwa Kwang Patrick, third party)
Mah Kiat Seng v Attorney-General and others
Attorney-General v Wham Kwok Han Jolovan and another matter
Ng Hai Chong Brandon v Public Prosecutor
UNE v UNF
The “Yue You 902” and another matter
Public Prosecutor v Dinesh s/o Rajantheran
Wan Hoe Keet and another v LVM Law Chambers LLC
Lim Zhipeng v Seow Suat Thin
EQ Capital Investments Ltd v Sunbreeze Group Investments Ltd and others
UTS v UTT
Yip Man Hing Kevin v Singapore Medical Council and another matter
Public Prosecutor v Ridhaudin Ridhwan bin Bakri and others
HT SRL v Wee Shuo Woon
Wong Kit Kee v KSE Technology (Int’l) Pte Ltd
Lim Teck Kim v Public Prosecutor
Yuen Ye Ming v Public Prosecutor
Seraya Energy Pte Ltd v Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
HSBC Institutional Trust Services (Singapore) Ltd (trustee of Capitaland Mall Trust) v Chief Assessor
Malayan Banking Bhd v Barclays Bank PLC
Ong Beng Chong v Commissioner of Stamp Duties
Public Prosecutor v Mohamed Shalleh bin Abdul Latiff
BWN v BWO
Ahmad Kasim bin Adam (suing as an Administrator of the estate of Adam bin Haji Anwar and in his own personal capacity) v Moona Esmail Tamby Merican s/o Mohamed Ganse and others
Public Prosecutor v P Mageswaran and another appeal
Lim Ah Leh v Heng Fock Lin
Wong Souk Yee v Attorney-General
UDG v UDF and another matter
Law Society of Singapore v Ezekiel Peter Latimer
Kong Hoo (Pte) Ltd and another v Public Prosecutor
Management Corporation Strata Title Plan No 3556 (suing on behalf of itself and all subsidiary proprietors of Northstar @ AMK) v Orion-One Development Pte Ltd (in liquidation) and another
Werner Samuel Vuillemin v Oversea-Chinese Banking Corp Ltd
Public Prosecutor v Mohd Taufik bin Abu Bakar and another appeal
Independent State of Papua New Guinea v PNG Sustainable Development Program Ltd
Peter Low & Choo LLC v Singapore Air Charter Pte Ltd and another
Li Shengwu v The Attorney-General
Wong Chong Hui and another v Lim Siong Hoe Lawrence
The Enterprise Fund II Ltd v Jong Hee Sen
Cheong Chee Hwa v China Star Food Group Ltd (formerly known as Brooke Asia Ltd)
Teo Lay Gek and another v Hoang Trong Binh and others
UQP v UQQ
BWF v BWG
Thio Syn Pyn v Thio Syn Kym Wendy and others and another appeal
Koh Kim Teck and another v Credit Suisse AG, Singapore Branch
Public Prosecutor v BVZ
Agilah a/p Ramasamy v Commissioner for Labour
Ma Wai Fong Kathryn v Trillion Investment Pte Ltd and others and another appeal
Re Andrla, Dominic and another matter
Liu Yanzhe and another v Tan Eu Jin and others
Ranjit Singh Gill Menjeet Singh v Public Prosecutor
Re CNA Group Ltd
Public Prosecutor v Sinniah a/l Sundram Pillai
Globe-Sea Offshore Engineering Pte Ltd v DNET Contract Services Pte Ltd
Soh Tian Khoon Raymond v Public Prosecutor
Malayan Banking Bhd v ASL Shipyard Pte Ltd and others
Debotosh Lodh v Boustead Services Pte Ltd and another
Ramesh a/l Perumal v Public Prosecutor and another appeal
Public Prosecutor v Ewe Pang Kooi
Yeo Boong Hua and others v Turf Club Auto Emporium Pte Ltd and others
BVU v BVX
Public Prosecutor v Lim Koon Eng Jeremiah
B2C2 Ltd v Quoine Pte Ltd
Public Prosecutor v BSR
Ong Boon Hwee v Cheah Ng Soo and another
Lee Hsien Loong v Leong Sze Hian
Public Prosecutor v BND
Jumaiah bte Amir and Another v Salim bin Abdul Rashid
Kiri Industries Ltd v Senda International Capital Ltd and another
CHL Construction Pte Ltd v Yangguang Group Pte Ltd
Tan & Au LLP v Seo Puay Guan and others
Wen Wen Food Trading Pte Ltd v Food Republic Pte Ltd
UTJ v UTK
Public Prosecutor v ASR
The “Mount Apo” and the “Hanjin Ras Laffan”
Singapore Medical Council v Mohd Syamsul Alam bin Ismail
Industrial Floor & Systems Pte Ltd v Civil Tech Pte Ltd
Chuang Long Engineering Pte Ltd v Nan Huat Aluminium & Glass Pte Ltd
World Fuel Services (Singapore) Pte Ltd v Xie Sheng Guo
Mitsubishi Corp RTM International Pte Ltd v Kyen Resources Pte Ltd
Ng Kian Huan Edmund v Suying Metropolitan Studio Pte Ltd and others
Re: Zetta Jet Pte Ltd and others (Asia Aviation Holdings Pte Ltd, intervener)
Lee Pheng Lip Ian v Chen Fun Gee and others and other matters
Lee Chen Seong Jeremy and others v Public Prosecutor
Oversea-Chinese Banking Corp Ltd v Yeo Hui Keng (Tan Peng Chin LLC, third party)
GCK v Public Prosecutor
Public Prosecutor v Andi Ashwar bin Salihin and others
Pegaso Servicios Administrativos SA de CV and another v DP Offshore Engineering Pte Ltd and another
MCH International Pte Ltd and others v YG Group Pte Ltd and others and other suits
Gan Chai Bee Anne v Public Prosecutor
Geok Hong Co Pte Ltd v Koh Ai Gek and others
Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others
Abhilash s/o Kunchian Krishnan v Yeo Hock Huat and another
Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd and others
Asplenium Land Pte Ltd v Lam Chye Shing and others
Liberty Sky Investments Ltd v Goh Seng Heng and another
Yue Roger Jr v Public Prosecutor
Liberty Sky Investments Ltd v Goh Seng Heng and another
Shepherdson, Terence Christopher v Singapore Recreation Club
Qroi Ltd v Pascoe, Ian and another
Jian Li Investments Holding Pte Ltd and others v Healthstats International Pte Ltd and others
Shanghai Turbo Enterprises Ltd v Liu Ming
Ozak Seiko Co Ltd v Ozak Seiko (S) Pte Ltd and another and other matters
Public Prosecutor v BUT
Attorney-General v Ong Wui Teck
Oro Negro Drilling Pte Ltd and others v Integradora de Servicios Petroleros Oro Negro, SAPI de CV and others
GCO v Public Prosecutor
United Integrated Services Pte Ltd v Civil Tech Pte Ltd and another
Quantum Automation Pte Ltd v Saravanan Apparsamy
Public Prosecutor v Moad Fadzir bin Mustaffa and another
Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd
Public Prosecutor v Leow Ban Leong and another and another appeal
Lim Seng Chye v Pex International Pte Ltd and another
Cai Mei Ying v Public Prosecutor
Leong Yim Ling v Moey Park Moon
Public Prosecutor v Mohammad Azwan bin Bohari
Zamri bin Mohd Tahir v Public Prosecutor
D Rashpal Singh Sidhu v Public Prosecutor
JTrust Asia Pte Ltd v Group Lease Holdings Pte Ltd and others
MSP4GE Asia Pte Ltd and another v MSP Global Pte Ltd and others
Red Star Marine Consultants Pte Ltd v Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh, deceased and another
Eastern Resource Management Services Ltd v Chiu Teng Construction Co Pte Ltd
GCX v Public Prosecutor
USA v USB
Seraya Energy Pte Ltd v Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
Public Prosecutor v Mohd Soberi bin Pakari
Public Prosecutor v Muhammad Faizal Bin Mohd Shariff
United Overseas Bank Ltd v Homely Bath Services & Trading Pte Ltd and another
PT Humpuss Intermoda Transportasi and another v Humpuss Sea Transport Pte Ltd (in compulsory liquidation)
Gulf Hibiscus Ltd v Rex International Holding Ltd and another
Singapore Rifle Association v Singapore Shooting Association and others
BUX v BUY
Simpson Marine (SEA) Pte Ltd v Jiacipto Jiaravanon
TZQ v TZR
Ivanishvili, Bidzina and others v Credit Suisse AG and another
BMI Tax Services Pte Ltd v Heng Keok Meng and others
Law Society of Singapore v Jaya Anil Kumar
Public Prosecutor v Aishamudin bin Jamaludin and others
Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd
Lyu Yan @ Lu Yan v Lim Tien Chiang and others
Ryobi Tactics Pte Ltd v UES Holdings Pte Ltd and another and another matter
BLV v Public Prosecutor
Sito Construction Pte Ltd (trading as Afone International) v PBT Engineering Pte Ltd
Absolute Kinetics Consultancy Pte Ltd v Seah Yong Wah (Singapore Telecommunications Ltd, non-party)
SCK Serijadi Sdn Bhd v Artison Interior Pte Ltd
MW Group Pte Ltd v Public Prosecutor
ULV v ULW
BPC v BPB and another appeal
URF and another v URH
Sunseap Group Pte Ltd & 2 Ors v Sun Electric Pte Ltd
BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another
Ho Man Yuk v Public Prosecutor
Burberry Ltd v Megastar Shipping Pte Ltd and another appeal
Lalwani Ashok Bherumal v Lalwani Shalini Gobind and another
Moh Tai Siang v Moh Tai Tong and another
P & P Engineering & Construction Pte Ltd v Kori Construction (S) Pte Ltd
Public Prosecutor v Tangaraju s/o Suppiah
Lim Hun Joo and others v Kok Yin Chong and others
URU v URV
BUE and another v TZQ and another
StreetSine Singapore Pte Ltd v Singapore Institute of Surveyors and Valuers and others
Seraya Energy Pte Ltd v Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
RJC Resource Pte Ltd and another v Koh Lee Hoo
TWD and another v UQE
Haw Wan Sin David and another v Sim Tee Meng and another
Huang Ying-Chun v Public Prosecutor
Tan Li Yin Michel v Avril Rengasamy
BAZ v BBA and others and other matters
Aero-Gate Pte Ltd v Engen Marine Engineering Pte Ltd
UKM v Attorney-General
Griffin Real Estate Investment Holdings Pte Ltd (in liquidation) v ERC Unicampus Pte Ltd
UMF v UMG and another
Sabyasachi Mukherjee and another v Pradeepto Kumar Biswas and another suit
Management Corporation Strata Title Plan No 901 v Lian Tat Huat Trading Pte Ltd
Mohamed Affandi bin Rosli v Public Prosecutor and another appeal
ULA v UKZ
Sun Electric Pte Ltd and another v Menrva Solutions Pte Ltd and another
Public Prosecutor v Muhammad Nabill bin Mohd Fuad
Back to Documents
Red Star Marine Consultants Pte Ltd
v
Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh, deceased and another
Introduction
The parties’ cases
Issues to be determined
My decision
Conclusion
Wilmar Trading Pte Ltd
v
Heroic Warrior Inc.
Introduction
Background facts
Plaintiff’s causes of action against the defendant
Defendant’s counterclaim
The substantive dispute in the main action
Venting system of the
Bum Chin
Plaintiff’s case on liability
Defendant’s case on liability
Burden of proof
Key factual findings
Expert Evidence
Manifold valve not controlled properly
Conclusion on breach and causation
Quantum of damages
Overall conclusion
AKRO Group DMCC
v
Discovery Drilling Pte Ltd
Introduction
Background
The contract
Procedural history
The trial
Matters for determination
Assessment of damages
Entry of judgment
Orders
UTQ
v
UTR
Introduction
Issues
Division of matrimonial assets
Maintenance for the Wife
Costs
Ram Niranjan
v
Navin Jatia and others and another suit
Introduction
Background
The claims in Suit 911
The 2015 Deed and September Agreement
Whether Mrs Ram could rely on
non est factum
The MOU
The Poole Road property
Conversion and detinue
Ram’s minority oppression claim
The Bonds
The SPA between Navin and Mrs Ram
Navin’s counterclaim
Suit 139
Conclusion
Singapore Medical Council
v
Looi Kok Poh and another matter
The Tribunal’s decision
The parties’ cases on appeal
Scope of review by the High Court
Decision on conviction
Conclusion
Bintai Kindenko Pte Ltd
v
Samsung C&T Corp and another
Introduction
Background facts
The decision of the High Court
The parties’ cases
Issues to be determined
Issue 1: Whether the Judge erred in deciding that the Appellant was contractually precluded from relying on the unconscionability exception?
Issue 2: Whether the Judge erred in deciding that the call on the BG was not fraudulent?
Whether the Judge erred in finding that a strong
prima facie
case of fraud was not established
Issue 3: Whether the Judge erred in declining to discharge the Interim Injunction solely on the basis that the Appellant had failed to provide full and frank disclosure of all material facts?
Conclusion
UHA
v
UHB and another appeal
Background
The parties’ cases
Decision below
Summons to adduce fresh evidence
The issue in the present case
Whether there was neglect or refusal to provide reasonable maintenance
Conclusion
Costs
Arpah bte Sabar and others
v
Colex Environmental Pte Ltd
Introduction
Facts
The Assistant Commissioner’s decision
Preliminary issue: substantial questions of law raised
Elements of a work injury compensation claim
Conclusion
Senda International Capital Ltd
v
Kiri Industries Ltd and others and another appeal
Introduction
Factual background
The Proceedings
The law
Senda’s appeal on the claim in Suit 4
Senda’s appeal on the counterclaim in Suit 4 and DyStar’s appeal on the claim in Suit 3
Orders
Goh Rosaline
v
Goh Lian Chyu and another
Soh Xia Kai Ronnie
v
Loke Chor Kay
Introduction
Background allegations
The assessment and appeal
The court’s reasons
Costs order
Oral Judgment
Sunny Metal & Engineering Pte Ltd
v
Lee Xin Ben Jimmy (Serangoon Gardens Country Club, garnishee)
Introduction
The parties’ cases
My decision
Conclusion
Adili Chibuike Ejike
v
Public Prosecutor
Introduction
Facts
The Prosecution’s case
The Appellant’s defence
Decision Below
Issues in the appeal
Issue 1(a): Proving the fact of possession
Issue 1(b): Elements of wilful blindness; wilful blindness and the s 18(1) presumption
Issue 1(c): Whether the Prosecution could rely on the presumption in s 18(1) and, if so, whether it was rebutted
Issue 2: Whether wilful blindness was proved beyond reasonable doubt
Issue 3: Whether the s 18(2) presumption was rebutted on the evidence
Coda: a brief summary of the principles set out
Nagaenthran a/l K Dharmalingam
v
Public Prosecutor and another appeal
Facts
Issues to be determined
CCA 50
CA 98
Conclusion
Lim Chee Huat
v
Public Prosecutor
Introduction
Background facts and evidence
Decision below
The parties’ cases
My decision
Issue 1: The effect of judicial copying on a judgment
Issue 2: The substantive appeal
Conclusion
Bachmeer Capital Limited
v
Ong Chih Ching and others
Introduction
Background
The claims and counterclaims in the present suit
Evidence adduced at trial
List of issues for determination
My decision
Conclusion on the claims and counterclaims
Costs
APPENDIX A: LIST OF ISSUES
A. PLAINTIFF’S CLAIMS
(i) The relationship between the parties
(ii) The 20 May Agreement and its effect (or lack thereof)
B. THE DEFENDANTS’ DEFENCE AND/OR COUNTERCLAIMS
(iv) Defamation
Patsystems Pte Ltd
v
PT Bursa Komoditi Dan Derivatif Indonesia
Introduction
Background: The Licence Agreement and the Addendum
Summary of the parties’ cases
The key issues in contention
The Plaintiff’s claim on the unpaid invoices
The alleged promissory estoppel
The Defendant’s counter-claim for refund of the entire licence fee or alternatively damages
The Defendant’s argument as to total failure of consideration
The Defendant’s argument that there was no contractual acceptance of the Plaintiff’s software
Conclusion
China Railway No 5 Engineering Group Co Ltd Singapore Branch
v
Zhao Yang Geotechnic Pte Ltd
Introduction
Facts
The two issues
The first issue: Whether s 10(1) SOPA is a mandatory provision
The second issue: Whether PC36 is a valid payment claim
Conclusion
Sim Kang Wei
v
Public Prosecutor
Introduction
The facts
The sentencing framework in
Lim Teck Kim v Public Prosecutor
The sentences in the present case
Conclusion
Chong Sher Shen
v
Public Prosecutor
Taishan Sports Engineering Pte Ltd
v
Sivalingam Pragadesh Vinoth
Procedural Background
My decision
Far East Square Pte Ltd
v
Yau Lee Construction (Singapore) Pte Ltd
Introduction
Facts
Decision below
Parties’ cases
Our decision
Conclusion
BWU and another
v
BWW and another matter
I-Admin (Singapore) Pte Ltd
v
Hong Ying Ting and others and another suit
Introduction
Facts
The parties’ cases in Suit 585/2013
The parties’ cases in Suit 965/2015
My decision
Issue 1: Copyright infringement
Issue 2: Breaches of the plaintiff’s confidence
Issue 3: Breaches of contract by Mr Hong
Issue 4: Tort of conspiracy by unlawful means
Issue 5: Inducement of breach of contract
The claims against Mr Tan
Miscellaneous issues
Conclusion
Sin Tiong Wah International Pte Ltd
v
Pee Wee Liang
United Integrated Services Pte Ltd
v
Harmonious Coretrades Pte Ltd
Introduction
Facts
The inherent powers of the Court to set aside an order
Whether the final garnishee order should be set aside to prevent injustice
The need to prevent injustice to the garnishee
Conclusion
Jocelyn Rita d/o Lawrence Stanley
v
Tan Gark Chong
Introduction
Background matters
Plaintiff’s case
Defendant’s case
The issues
Preliminary issue – Application for hearing
in camera
Duress
Illegality
Claim for rental
Claim for diminution in value of the Ampang Property
Conclusion
B2C2 Ltd
v
Quoine Pte Ltd
Introduction
Financial Compensation by way of Equitable Relief (Paragraph 2 of the Plaintiff’s draft)
The Indemnity (Paragraph 3 of the Plaintiff’s draft)
The Order for an Assessment (Paragraph 4 of the Plaintiff’s draft)
Interest and Costs (Paragraphs 5 and 6 of the Plaintiff’s draft)
Stay of the order for costs
Stay of the Assessment
Further Directions
Annex A: the Plaintiff’s proposed draft judgment
Annex B: the Defendant’s proposed draft judgment
Annex C: the Plaintiff’s proposed draft Order
Innovative Corp Pte Ltd
v
Ow Chun Ming and another
Introduction
Background
The plaintiff’s case
The defendants’ case
Issues to be determined
When did the first defendant resign from his position as a director of the plaintiff?
Did the first defendant breach his fiduciary duties to the plaintiff?
Was there a binding contract between the plaintiff and FYTA to develop the Project and did the first defendant induce a breach of that contract?
Did the plaintiff and the first defendant enter into the profit-sharing agreement?
Was there knowing receipt of the plaintiff’s property by the second defendant?
Was there dishonest assistance by the second defendant?
Remedies
Conclusion
Rakna Arakshaka Lanka Ltd
v
Avant Garde Maritime Services (Pte) Ltd
Introduction
Facts
The proceedings below
The appeal
Conclusion
Aathar Ah Kong Andrew
v
CIMB Securities (Singapore) Pte Ltd and other appeals and another matter
Introduction
Facts pertaining to the present appeals
The Judge’s grounds of decision
Material irregularity under s 54(1)(
b
) of the Act
Conclusion
Global Switch (Property) Singapore Pte Ltd
v
Arup Singapore Pte Ltd
Introduction
Background
The parties’ cases
The witnesses
My findings and decision
GSS’s heads of claim
Arup’s counterclaims
Conclusion
Shanker Maghalingam
v
Public Prosecutor
Public Prosecutor
v
Satesh s/o Navarlan
Introduction
Facts
The proceedings in the District Court
The appeal
My decision
Conclusion
Asia Silk Stores
v
Lata Ashok Khemlani (trading as DJ Hira Enterprise)
Singapore Airlines Ltd
v
CSDS Aircraft Sales & Leasing Inc
Relevant background facts and procedural history
Main issue of contention
Parties’ submissions
Legal opinions on English law submitted by each party
Facts and holdings in
Pearlberg
and
Agnew
Application of
Agnew
and
Pearlberg
to the present case
BSD
v
Attorney-General and other matters
Introduction
Background
RAS 1/2018 and RAS 2/2018
OS 945/2017
Public interest immunity and s 125 of the Evidence Act
Conclusion
Marina Bay Sands Pte Ltd
v
Osuki Yohei
Background facts
The law on service of statutory demands
Analytical framework
The General Issue
The Specific Issue
Conclusion
UTL
v
UTM
Introduction
Background of the Parties
Matters in dispute
Division of matrimonial assets
Maintenance for the Wife
Maintenance for the children
Conclusion
Salwant Singh s/o Amer Singh
v
Public Prosecutor
Introduction
Background
Preliminary matters
The application for an extension of time
Law Society of Singapore
v
Yeo Siew Chye Troy
Background
Decision
HE & SF Properties LP
v
Rising Dragon Singapore Pte Ltd and another
Part 1: Introduction
Part II: Waiver of Claims
Part III: The MySQUAR moneys
Part IV: The Fastacash moneys
Part V: Bridging Loan
Part VI: Conspiracy claim against RDS and Mr Eric Schaer personally
Part VII: Conclusions
Kok Yin Chong and others
v
Lim Hun Joo and others
Introduction
Background
The decision below
Parties’ submissions
Issues
Our decision
Conclusion
Our comments on privately-agreed court timelines
Brightex Paints (S) Pte Ltd
v
Tan Ongg Seng (in his personal capacity and trading as Starlit(S) Trading) and others
Introduction
Facts
The parties’ cases
Issues to be determined
My decision
Sentence
Conclusion
Annex 1: Schedule A of the ASOC
Annex 2: Schedule 1 of the Judgment
Annex 3: Annex of letter to the first defendant dated 3 August 2018
TWG Tea Co Pte Ltd
v
Murjani Manoj Mohan
Introduction
Background facts
Plaintiff’s and counterclaim defendants’ case
Manoj’s defence and counterclaims
Preliminary findings
Whether Taha and Maranda were also founders of TWG Tea
Was an express trust created in relation to the Domain Name?
Manoj’s submission of no case to answer
Counterclaim of malicious falsehood
Elements of the tort of malicious falsehood
Manoj’s claim in conspiracy
Conclusion
Poh Lian Construction (Pte) Ltd (in liquidation)
v
Lauw Wisanggeni and others (Chia Quee Hock and others, third parties)
Introduction
Background facts
Parties’ cases
Issues for determination
My decision
Conclusion
Pathfinder Strategic Credit LP and another
v
Empire Capital Resources Pte Ltd and another appeal
Introduction
Background
Issues on appeal
Decision below
Submissions on appeal
Our decision
Conclusion
Millennium Pharmaceuticals, Inc
v
Drug Houses of Australia Pte Ltd and another appeal
BOI
v
BOJ
Background
Our findings
Conclusion
Lilyana Alwi
v
John Arifin
Introduction
Background
Issues to be determined
Ownership of the moneys in the Joint Accounts
The Express Trust Agreement
The six disputed payments and the alleged unaccounted sum
The Jewellery
Conclusion
CRRC (Hong Kong) Co Ltd and another
v
Chen Weiping (Chew Hwa Kwang Patrick, third party)
Introduction
Background
Issues
First set of defences
Second set of defences
Summons No 5697 of 2018
Summonses Nos 5706 and 5899 of 2018
CRRC (Hong Kong) Co Ltd and another
v
Chen Weiping (Chew Hwa Kwang Patrick, third party)
Introduction
Decisions
Mah Kiat Seng
v
Attorney-General and others
Introduction
Mr Mah’s arrest and detention
District Court Suit No 2430 of 2017
Originating Summons No 1084 of 2018
Issues
Decision
Application for extension of time for leave to appeal
Applications for leave to appeal
Application for leave under s 25(2) of the MHCTA to commence action
Orders
Attorney-General
v
Wham Kwok Han Jolovan and another matter
Appropriate sentence for Wham
Appropriate sentence for Tan
Conclusion
Ng Hai Chong Brandon
v
Public Prosecutor
Introduction
Facts
Decision below
The parties’ cases
My decision
Conclusion
UNE
v
UNF
Legal Principles
Application to the present case
Decision
The “Yue You 902” and another matter
Introduction
Background facts
Procedural history
The law concerning summary judgment
Whether the plaintiff has made out a
prima facie
case for summary judgment
Whether there are triable issues or some other reason for the matter to go to trial
Public Prosecutor
v
Dinesh s/o Rajantheran
Introduction
Background facts
Decision of the Judge
The questions referred
The parties’ cases
Our decision
Conclusion
Wan Hoe Keet and another
v
LVM Law Chambers LLC
Lim Zhipeng
v
Seow Suat Thin
EQ Capital Investments Ltd
v
Sunbreeze Group Investments Ltd and others
Introduction
Background
The application to strike out the counterclaim
Conclusion
UTS
v
UTT
Introduction
Matters in dispute
Division of matrimonial assets
Maintenance for the Wife
Other issues
Conclusion
Yip Man Hing Kevin
v
Singapore Medical Council and another matter
Introduction
Background facts
The DT’s decision
The appeals
The parties’ submissions on conviction
The applicable legal principles
Our decision on conviction
The parties’ submissions on sentence
Our decision on sentence
Conclusion
Public Prosecutor
v
Ridhaudin Ridhwan bin Bakri and others
Introduction
Background
Overview of the evidence
Preliminary matters
The ancillary hearings
My decision on the charges
Overall conclusion
HT SRL
v
Wee Shuo Woon
Introduction
Background
The pleadings
Issues to be determined
Issue 1: Whether Woon is liable in respect of the alleged pre-termination breaches
Issue 2: Whether Woon is liable in respect of the alleged post-termination breaches
Issue 3: Damages
Wrotham Park
damages
Issue 4: Woon’s counterclaim for unpaid salary and expenses
Conclusion
Wong Kit Kee
v
KSE Technology (Int’l) Pte Ltd
Lim Teck Kim
v
Public Prosecutor
Introduction
Background
Facts
Sentencing framework for unlawful stalking under s 7 of POHA
Application of the sentencing framework
Efficacy of the sentencing framework
Application of the sentencing framework to the facts
Conclusion
Yuen Ye Ming
v
Public Prosecutor
Facts
Decision below
The parties’ cases on appeal
Issues to be determined
Issue 1: whether the appellant was liable for enhanced punishment for the second set of offences
Issue 2: whether the individual sentences were manifestly excessive
Issue 3: whether the global sentence was manifestly excessive
Conclusion
Seraya Energy Pte Ltd
v
Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
Introduction
The Offer to Settle
Quantum of costs
HSBC Institutional Trust Services (Singapore) Ltd (trustee of Capitaland Mall Trust)
v
Chief Assessor
Introduction
Factual background
The four issues put forward by the Appellant in TA 9/2018
First issue: Whether the onus of proof in an appeal fell on the Chief Assessor
Second issue: whether the Chief Assessor’s inclusion of a single annual value in the 2008 Valuation List was an act “prohibited” by the PTA
Third issue: whether GV’s fitting-out works on the subject property amounted to fixtures which ought to be included in the assessment of the annual value
Fourth issue: whether the VRB erred in accepting the Chief Assessor’s determination of the 2008 annual value.
Conclusion
Malayan Banking Bhd
v
Barclays Bank PLC
Introduction
Evidence
List of issues
Implied contracts
Terms of the SWIFT messages and the SWIFT Standards MT
Market practice: Test in law
Expert evidence
Illegality and industry practice
Conclusion
Ong Beng Chong
v
Commissioner of Stamp Duties
Public Prosecutor
v
Mohamed Shalleh bin Abdul Latiff
Introduction
The Prosecution’s case
Close of the Prosecution’s case
The defence
The law
Decision on conviction
Decision on sentence
BWN
v
BWO
Introduction
Background to the application
The hearing on 11 February 2019
My decision
Ahmad Kasim bin Adam (suing as an Administrator of the estate of Adam bin Haji Anwar and in his own personal capacity)
v
Moona Esmail Tamby Merican s/o Mohamed Ganse and others
Background
The High Court application
Decision below
Parties’ cases
Issues
Adverse possession
Breach of natural justice and notice requirements under the 1987 LAA
Conclusion
Public Prosecutor
v
P Mageswaran and another appeal
Facts
Issues on appeal
Issue 1: Whether the accused acted with the intention of causing death
Issue 2: Whether the Judge had erred in imposing a sentence of 18 years’ imprisonment
The Prosecution prefers a charge under s 304(
a</em>) instead of s 302(1)
</span></a>
Conclusion
Lim Ah Leh
v
Heng Fock Lin
Introduction
The decision in the court below
The appeal
The issues
Our decision
Conclusion
Wong Souk Yee
v
Attorney-General
Introduction
Background
The parties’ respective cases on appeal
The issues to be determined
The applicable legal principles
Whether the proper interpretation of Art 49(1) of the Constitution mandates that a by-election must be called in MYT GRC
Article 39A of the Constitution and minority Members of GRCs
The implied right to representation in Parliament
Whether leave should have been granted in the court below
Whether the Judge erred in ordering costs against the Appellant
Conclusion
UDG
v
UDF and another matter
Law Society of Singapore
v
Ezekiel Peter Latimer
Background
Facts
Charges
The disciplinary proceedings
The parties’ cases
The issues in this application
Grossly improper conduct, conduct unbefitting advocate and solicitor, and due cause for sanction
The appropriate sanction
Conclusion
Kong Hoo (Pte) Ltd and another
v
Public Prosecutor
Introduction
Legal context
Facts
Criminal proceedings
The criminal reference
The meaning of s 2(2) of the ESA
The present case
Answers to the criminal reference
Management Corporation Strata Title Plan No 3556 (suing on behalf of itself and all subsidiary proprietors of Northstar @ AMK)
v
Orion-One Development Pte Ltd (in liquidation) and another
The background
Issues to be determined
Claim against Orion-One
Claim against Sanchoon
Conclusion
Annex A
Annex B
Annex C
Werner Samuel Vuillemin
v
Oversea-Chinese Banking Corp Ltd
Background
The striking out application
My decision in the present OS
Conclusion
Public Prosecutor
v
Mohd Taufik bin Abu Bakar and another appeal
Introduction
Background
Facts
Elements of the outrage of modesty charge
The knowledge element of an OM charge
The knowledge of the appellant
The appropriate sentence
Conclusion
Independent State of Papua New Guinea
v
PNG Sustainable Development Program Ltd
Facts
The parties’ cases
Issues to be determined
Preliminary issues
Issue 1: the existence of the Agreement
Issue 2: the existence of the Trust
Issue 3: Breaches of the Agreement or Trust
Issue 4: PNGSDP’s Counterclaim
Conclusion
Peter Low & Choo LLC
v
Singapore Air Charter Pte Ltd and another
Li Shengwu
v
The Attorney-General
Introduction
Decision below
The parties’ cases
Issues to be determined
Preliminary issue: O 57 r 9A
_O 57 r 9A(4)(_b)
Issue 1: The High Court’s jurisdiction to hear contempt proceedings
Issue 2: service in accordance with O 11 of the ROC
Conclusion
Wong Chong Hui and another
v
Lim Siong Hoe Lawrence
The Enterprise Fund II Ltd
v
Jong Hee Sen
Introduction
Background
The parties’ cases
Issues to be determined
Issue 1: Whether cl 2.1(b) was engaged, thus imposing obligations on the Warrantors
Issue 2: Whether Jong is liable under cl 2.1(b)
Issue 3: Whether the transaction is in contravention of the SFA
Issue 4: Whether EFII breached its duty to mitigate its losses
Issue 5: Whether EFII wrongfully converted Jong’s shares
Miscellaneous
Conclusion
Cheong Chee Hwa
v
China Star Food Group Ltd (formerly known as Brooke Asia Ltd)
Introduction
Facts
The plaintiff’s case
The defendant’s case
The decision
Conclusion
Teo Lay Gek and another
v
Hoang Trong Binh and others
Introduction
Background
The parties’ cases
My decision
Issue 1: Whether the EY Report was marred by manifest errors
Issue 2: Whether EY exceeded the scope of its contractual mandate
Whether the court should have invited CBRE to provide clarifications
Summary
Conclusion
UQP
v
UQQ
BWF
v
BWG
Introduction
Background
Issues
Decision
Conclusion
Thio Syn Pyn
v
Thio Syn Kym Wendy and others and another appeal
Introduction
The decision in the court below
The issue
The parties’ arguments
The applicable legal principles
Our decision
Koh Kim Teck and another
v
Credit Suisse AG, Singapore Branch
Introduction
Background facts
The plaintiffs’ case
The defendant’s case
The decision
Contractual claim
Tortious duty of care
Applicability of the Unfair Contract Terms Act
Breaches of the duty of care
Peripheral issues
Costs
Conclusion
Public Prosecutor
v
BVZ
Introduction
Statement of Facts
Decision on conviction
Sentencing
Conclusion
Agilah a/p Ramasamy
v
Commissioner for Labour
Introduction
Facts
The framework under the WICA
Parties’ submissions
My decision
Whether alternative remedies had been exhausted
The effect of the Commissioner’s letter dated 22 February 2019
Conclusion
Ma Wai Fong Kathryn
v
Trillion Investment Pte Ltd and others and another appeal
Introduction
Issues that arose in these appeals
Issue 1: whether the relationship of mutual trust and confidence between the Wong Brothers extended to the Appellant upon WKN’s death
Issue 2: Whether there was a lack of probity in the management of Trillion and Double Ace
Issue 3: whether Trillion and Double Ace had suffered a loss of substratum
Issues 4 and 5: alternatives to winding up
Conclusion
Re
Andrla, Dominic and another matter
Introduction
Facts
Issues to be determined
Would it be appropriate for the court to make an interim order?
Are there grounds to dismiss the creditor’s bankruptcy application under s 65(2)(
e
) of the Act?
Conclusion
Liu Yanzhe and another
v
Tan Eu Jin and others
Introduction
Factual background
Overview of the parties’ cases
The law on fraudulent misrepresentation
The fourth defendant did not benefit personally from the fraud
The fourth defendant’s role in the Autostyle investment
The six representations
Conclusion
Ranjit Singh Gill Menjeet Singh
v
Public Prosecutor
Introduction
Background
The remittal proceedings
Findings
Conclusion
Re
CNA Group Ltd
Public Prosecutor
v
Sinniah a/l Sundram Pillai
Introduction
The Prosecution’s case
Close of the Prosecution’s case
The defence
Decision on conviction
Decision on sentencing
Globe-Sea Offshore Engineering Pte Ltd
v
DNET Contract Services Pte Ltd
Soh Tian Khoon Raymond
v
Public Prosecutor
Introduction
Facts
The parties’ cases
My decision
Conclusion
Malayan Banking Bhd
v
ASL Shipyard Pte Ltd and others
The parties
The parties’ cases
Issues to be determined
The background
Preliminary issues
MBB’s interest in Hull 1118
Conspiracy
The counterclaim
Conclusion
Debotosh Lodh
v
Boustead Services Pte Ltd and another
Introduction
The background facts
The issues to be determined
The first issue
The second issue
Conclusion
Ramesh a/l Perumal
v
Public Prosecutor and another appeal
Introduction
Background
Facts
The decision below
Chander’s appeal
Ramesh’s appeal
The charge against Chander relating to the D bundles
Public Prosecutor
v
Ewe Pang Kooi
Introduction
Undisputed facts
The elements of CBT by an agent under s 409 of the Code
The parties’ cases
My decision
Conclusion
Annex
Yeo Boong Hua and others
v
Turf Club Auto Emporium Pte Ltd and others
Introduction
Liability for costs
Certificate for costs for three lawyers for plaintiffs
Indemnity costs
Quantum of costs excluding disbursements
Quantum of disbursements
Proportionality of costs
Conclusion
BVU
v
BVX
Introduction
Facts
Post-arbitration developments
The applicable legal principles on setting aside an arbitral award for fraud and conflict with public policy
Issues to be determined in the originating summons
My decision
The subpoena to produce the Purchaser’s internal documents
Conclusion
Public Prosecutor
v
Lim Koon Eng Jeremiah
Introduction
The Prosecution’s case
Close of the Prosecution’s case
The defence
The law
Decision on conviction
Decision on sentence
B2C2 Ltd
v
Quoine Pte Ltd
Introduction
The relationship between Quoine and B2C2
The Agreement and the Risk Disclosure Notice
The incident on 19 April 2017
Inadmissible evidence
The facts
The Contractual Relationships
The Plaintiff’s Claim
The Defendant’s Defences
Public Prosecutor
v
BSR
Introduction
Facts
The sentence for the 1st charge of forced fellatio
The sentences for the 2nd and 3rd charges of forcing his wife into prostitution and receiving the proceeds
The sentence for the 6th charge for outrage of modesty against a minor
Global sentence
Conclusion
Ong Boon Hwee
v
Cheah Ng Soo and another
Introduction
Facts
The decision in
Malayan Banking
The decisions in
Leong Lai Yee
and
Chan Lung Kien
The decision in
Peter Low
The main issue
Historical overview of execution of money judgments against land
Writ of
elegit
replaced by WSS in Singapore
A joint tenant’s interest is exigible to a WSS
The Defendant has a beneficial interest in the Property
Conclusion
Lee Hsien Loong
v
Leong Sze Hian
Introduction
Facts
My decision
SUM 148/2019: Striking out the counterclaim
SUM 428/2019: Application to strike out the claim
Conclusion
Public Prosecutor
v
BND
Introduction
Background
The charges
The prosecution’s case
The defence’s case
The admissibility of the contested statement
Whether the complainant’s testimony was unusually convincing
The DNA evidence
The complainant’s medical report
Motive to fabricate
Conclusion on guilt
Sentencing
Conclusion
Jumaiah bte Amir and Another
v
Salim bin Abdul Rashid
Kiri Industries Ltd
v
Senda International Capital Ltd and another
The Minority Discount Issue
The Counterclaims Issue
The Loss Assessment Issue
The Costs Issue
CHL Construction Pte Ltd
v
Yangguang Group Pte Ltd
Introduction
Facts
PC10 was served in contravention of s 10(2)(
a
) SOPA
Clause 37 is not voided by s 36(2) SOPA
Conclusion
Tan & Au LLP
v
Seo Puay Guan and others
Introduction
Background facts
Parties’ cases
My decision
Conclusion
Wen Wen Food Trading Pte Ltd
v
Food Republic Pte Ltd
Introduction
Facts
Decision of the AR
Issue to be determined
The law under O 18 r 19(1)(b)
Application to the facts
Conclusion
UTJ
v
UTK
Introduction
Background of the Parties
Matters in dispute
Public Prosecutor
v
ASR
Introduction
Background
The proceedings below
The appeal
The issues on appeal and our approach
Issue 1: The extent of the respondent’s intellectual disability
Issue 2: Section 83 of the Penal Code
Issue 3: The appropriate sentencing framework
Issue 4: Applying the first step of the sentencing framework
Issue 5: Applying the second step of the sentencing framework
Conclusion
The “Mount Apo” and the “Hanjin Ras Laffan”
Introduction
Preliminary Issue on H-Line’s Title to Sue
Background facts leading to the dispute
COLREGS, fault and approach for apportionment of liability
Analysis
Whether
Mt Apo
was at fault for crossing the TSS at the time and in the manner she did
Whether
Mt Apo
and
Hanjin Ras Laffan
were in a crossing situation and, if so, when did the crossing situation arise
Whether
Hanjin Ras Laffan
was at fault for the way she navigated prior to the 9:55 Conversation
Whether
Hanjin Ras Laffan
was at fault for initiating the 9:55 Conversation
Whether
Mt Apo
and
Hanjin Ras Laffan
took proper avoidance actions after 9:55 am
Apportionment of Liability
Conclusion
Annex
Singapore Medical Council
v
Mohd Syamsul Alam bin Ismail
Our decision
Conclusion
Industrial Floor & Systems Pte Ltd
v
Civil Tech Pte Ltd
Introduction
Background
The other winding-up applications and supporting creditors
The hearing on 8 February 2019
Conclusion
Chuang Long Engineering Pte Ltd
v
Nan Huat Aluminium & Glass Pte Ltd
Introduction
Facts
The issue
The parties’ arguments
Section 7(2)(
c
) SOPA extended beyond affixed or incorporated materials
Conclusion
World Fuel Services (Singapore) Pte Ltd
v
Xie Sheng Guo
Mitsubishi Corp RTM International Pte Ltd
v
Kyen Resources Pte Ltd
Introduction
Facts
Parties’ submissions
Key issues
Retention of title clauses
Analysis
Conclusion
Ng Kian Huan Edmund
v
Suying Metropolitan Studio Pte Ltd and others
Introduction
Background
Edmund’s claim
What were the terms of the Oral Agreement?
Edmund’s claim under s 216
Edmund’s claims against SDPL
Edmund’s claims against Patty
Edmund’s claims against SMSPL
SMSPL’s counterclaims
Patty’s counterclaim
Conclusion
Re
: Zetta Jet Pte Ltd and others (Asia Aviation Holdings Pte Ltd, intervener)
Introduction
Facts
The parties’ cases
My decision
Issue 1: Whether the US proceedings are a “foreign proceeding” under the Singapore Model Law
Issue 2: Zetta Jet Singapore’s COMI
Issue 3: Whether the public policy exception applies
Orders made
Lee Pheng Lip Ian
v
Chen Fun Gee and others and other matters
Introduction
Background
SUM 2032/2018 and SUM 3118/2018
OS 514/2018
Conclusion
Annex
Lee Chen Seong Jeremy and others
v
Public Prosecutor
Facts
The parties’ cases
Events after the 21 November 2018 hearing
Issues to be determined
Issue 1: whether fresh material can be admitted to supplement the s 370 report after the one-year deadline has passed
Issue 2: whether the prosecution has the right to be heard
ex parte
after
inter partes
proceedings have commenced
Issue 3: whether the Magistrate erred
Issue 4: whether the threshold for the High Court’s revisionary jurisdiction has been crossed
Issue 5: this Court’s substantive determination of the s 370 CPC application
Conclusion
Oversea-Chinese Banking Corp Ltd
v
Yeo Hui Keng (Tan Peng Chin LLC, third party)
Introduction
Background facts
The parties’ cases
My decision
Issue 1: Whether the plaintiff and the defendant were bound by the OCBC Mortgage.
The law on the doctrine of
non est factum
The First Element of
non est factum
The Second Element of
non est factum
Issue 2: Is the defendant estopped from seeking an invalidation of the OCBC Mortgage?
Issue 3: Is the Third Party liable for negligence?
Summary of findings
Conclusion
GCK
v
Public Prosecutor
Introduction
The conviction and sentence
Background facts
The District Judge’s findings and reasoning
The decision on appeal
Redaction
Conclusion
Public Prosecutor
v
Andi Ashwar bin Salihin and others
Introduction
Facts
Preliminary finding: One bundle usually contained slightly less than 15g of diamorphine
My decision in relation to Andi
My decision for Akebal
My decision for Rusli
Conclusion
Pegaso Servicios Administrativos SA de CV and another
v
DP Offshore Engineering Pte Ltd and another
Introduction
The parties
Background facts
The parties’ cases
Issues to be determined
On the issue of alleged misrepresentation (the first issue)
On the issue of an alleged collateral contract (the fourth issue)
On the issue of an alleged acknowledgment and/or admission of debt by Capt Seow (the fifth issue)
On the plaintiffs’ claim for the return of the US$2m under the terms of the Rig Purchase Agreement (the second issue)
On the issue of total failure of consideration (the third issue)
Summary of decision
On the issue of costs
MCH International Pte Ltd and others
v
YG Group Pte Ltd and others and other suits
Introduction
Background
Parties’ positions and issues
The Deed of Undertakings
Events of Default under the Loan Agreement
Mr Wong’s directors’ duties owed to YGG
Whether YGG ought to be wound up
Conclusion
Gan Chai Bee Anne
v
Public Prosecutor
Background
The District Judge’s decision
The parties’ cases on appeal
Issues to be determined
Issue 1: The proper approach
Issue 2: The proper approach applied
Geok Hong Co Pte Ltd
v
Koh Ai Gek and others
Introduction
Facts
Decision below
Parties’ cases
Our decision
Conclusion
Sun Electric Pte Ltd
v
Sunseap Group Pte Ltd and others
Background
The Application
Category 1 Requests – “Consolidation Unit”, “Associate”
Category 2 Requests – “Electricity Product”
Category 3 Requests – Roles of individual Defendants
Category 4 Requests – “Affiliates”, “Additional Customers”, “Additional Customers’ Facilities” and “PV Generation Facilities”
Category 5 Requests – Common Design
Conclusion
Abhilash s/o Kunchian Krishnan
v
Yeo Hock Huat and another
Introduction
Facts
Decision below
The parties’ cases on appeal
Issues to be determined
New points on appeal
Valuation date of JCSV
The relevance of the Shanghai Ossen offer
Conclusion
Noor Azlin bte Abdul Rahman
v
Changi General Hospital Pte Ltd and others
Overview
Facts
The arguments in the court below
The decision below
The appeal
The issues on appeal
Our decision
Conclusion
Asplenium Land Pte Ltd
v
Lam Chye Shing and others
Introduction
Background
The present application
The issues to be decided
Whether legal advice privilege subsisted in the Item 3 documents
Whether legal advice privilege and/or litigation privilege subsisted in the Item 4 documents
Conclusion
Liberty Sky Investments Ltd
v
Goh Seng Heng and another
Introduction
Background matters
LSI’s case
AMP’s defence
Issues to be determined
Terms of the Purported Indemnity
Whether the Purported Indemnity was independent of the SPA
Nature of the Purported Indemnity clauses
Miscellaneous issues
Conclusion
Yue Roger Jr
v
Public Prosecutor
Our decision
Conclusion
Liberty Sky Investments Ltd
v
Goh Seng Heng and another
Introduction
Background
Plaintiff’s case
Defendants’ case
Preliminary findings
Plaintiff’s claim for misrepresentation
Applicable principles
Claim against Michelle
Minority Shareholders Representation
Representations pertaining to the trade sale
Representations pertaining to an IPO
Reliance on the Trade Sale and IPO Representations
Conclusion on LSI’s claim on misrepresentation
Remedies
Goh’s counterclaim for wrongful rescission
Conclusion
Shepherdson, Terence Christopher
v
Singapore Recreation Club
Introduction
Background Facts
The Assessment Proceedings
Issues
The Law
Issue 1 – Damages for Deprivation of Membership Rights and Privileges
Issue 2 – Damages for Mental Distress
Conclusion
Qroi Ltd
v
Pascoe, Ian and another
Jian Li Investments Holding Pte Ltd and others
v
Healthstats International Pte Ltd and others
Introduction
Factual background
Issues to be determined
The applicable legal principles – s 216A(3)(
b
) and (
c
)
Issue 1 – Whether the plaintiffs are acting in good faith
Issue 2 - Whether it is
prima facie
in the interests of the company that the derivative action be brought
Conclusion
Shanghai Turbo Enterprises Ltd
v
Liu Ming
Introduction
Background facts
The decision below
The parties’ cases on appeal
The issues before this court
Submission to jurisdiction as a result of SUM 1173
Order 11 r 1 of the ROC
The effect of a submission to the non-exclusive jurisdiction of the Singapore courts
Noble Power
Orchard Capital
Whether strong cause has been shown in this case
Full and frank disclosure
Conclusion
Ozak Seiko Co Ltd
v
Ozak Seiko (S) Pte Ltd and another and other matters
Introduction
Background facts
SUM 187/2019
OS 100/2019
OS 1027/2018
Public Prosecutor
v
BUT
Introduction
Background facts
Sentencing framework for the abetment of rape and digital-penetration
Conclusion
Attorney-General
v
Ong Wui Teck
Introduction
Events leading to the recusal application
Mr Ong’s case
Preliminary points
Scandalising contempt
Contempt in the face of the court
Conclusion
Oro Negro Drilling Pte Ltd and others
v
Integradora de Servicios Petroleros Oro Negro, SAPI de CV and others
Introduction
The Facts
The Three Applications
The Leave Application
GCO
v
Public Prosecutor
The facts
Decision below
The parties’ cases
Issues to be determined
Issue 1: Should probation or an MTO have been ordered?
Issue 2: Did the District Judge err in her application of the
Kunasekaran
framework?
Conclusion on imprisonment under the
Kunasekaran
framework
Issue 3: the s 509 offence
Conclusion
United Integrated Services Pte Ltd
v
Civil Tech Pte Ltd and another
Introduction
Facts
The primary issue
Further arguments: stay without condition due to the Sub Contractor’s insolvency
Garnishee order absolute
Conclusion
Quantum Automation Pte Ltd
v
Saravanan Apparsamy
Introduction
Facts
The disputed emails
Procedural history
Whether Quantum has established its case
Whether an injunction should be ordered
Conclusion
Annex A1
Annex A2
Annex B1
Annex B2
Annex C1
Annex C2
Public Prosecutor
v
Moad Fadzir bin Mustaffa and another
Sun Travels & Tours Pvt Ltd
v
Hilton International Manage (Maldives) Pvt Ltd
Introduction
The factual background
The issues arising on appeal
Issue 1: Characterising the Maldivian Suit
Issue 2: Injunctive relief
Issue 3: Declaratory Relief
Conclusion
Public Prosecutor
v
Leow Ban Leong and another and another appeal
Appeals against conviction
Lim Seng Chye
v
Pex International Pte Ltd and another
The parties
The works at No. 17 Link Road
The SCDF investigation and the subsequent prosecution
The Plaintiff’s claim
The 1st Defendant’s defence
The evidence
The issues in contention
Whether the 1st Defendant could be held vicariously liable for the 2nd Defendant’s negligence:
Whether the 1st Defendant had exercised due care in selecting and appointing the 2nd Defendant as their contractor
Whether the 1st Defendant was subject to a non-delegable duty of care vis-à-vis the Plaintiff to ensure that the 2nd Defendant carried out the A&A works with reasonable care
Cases cited by the Plaintiff in support of its case against in negligence liability
Two final points in relation to negligence liability
The doctrine of
res ipsa loquitur
Summary of findings in relation to the Plaintiff’s claim in negligence
Whether the 1st Defendant could be held liable for the Plaintiff’s damage and loss pursuant to the tort of nuisance
Whether the 1st Defendant could be held liable for the Plaintiff’s damage and loss pursuant to the rule in
Rylands v Fletcher
Liability in nuisance versus liability in negligence
Whether damages for personal injuries may be recovered from a defendant found liable in private nuisance and/or under the Rule
The 1st Defendant’s complaint about lack of apportionment of liability between itself and the 2nd Defendant
Cai Mei Ying
v
Public Prosecutor
Leong Yim Ling
v
Moey Park Moon
Background
The Applications
The decisions in the 2013 Ancillary Order and SUM 3022/2015
The applications filed in 2017 and 2018
Summary of the applications
The Husband’s reasons for SUM 1041/2018
The court’s reasons
Conclusion
Public Prosecutor
v
Mohammad Azwan bin Bohari
Zamri bin Mohd Tahir
v
Public Prosecutor
Introduction
Background
The decision below
Our decision
Conclusion
D Rashpal Singh Sidhu
v
Public Prosecutor
Parties’ submissions
My decision
JTrust Asia Pte Ltd
v
Group Lease Holdings Pte Ltd and others
MSP4GE Asia Pte Ltd and another
v
MSP Global Pte Ltd and others
Introduction
The Background
Issues to be determined
Issue 1: Whether the Representations were made at the 10 March 2010 Meeting
Issue 2: Whether the 1st Plaintiff placed only one order for the MSP Products amounting to USD 520,766.40 as reflected in the 8 April 2010 Tax Invoice.
Legal Issues
Conclusion
Red Star Marine Consultants Pte Ltd
v
Personal Representatives of the Estate of Satwant Kaur d/o Sardara Singh, deceased and another
Introduction
Eastern Resource Management Services Ltd
v
Chiu Teng Construction Co Pte Ltd
Introduction
Background
Issues
2008 JVA
June 2011 Agreement
July 2012 Agreement
Direct testing fees from June 2012 to August 2014
Conclusion
GCX
v
Public Prosecutor
Facts
Decision below
The parties’ cases
Issues to be determined
Issue 1: Whether an MTO suitability report should have been called for
Issue 2: Whether an MTO should be ordered
Conclusion
USA
v
USB
Background
Matrimonial assets
Maintenance
Conclusion
Seraya Energy Pte Ltd
v
Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
Introduction
Public Prosecutor
v
Mohd Soberi bin Pakari
Public Prosecutor
v
Muhammad Faizal Bin Mohd Shariff
Introduction
Undisputed facts
Prosecution’s case
Defence’s case
The law
My decision
Conclusion
United Overseas Bank Ltd
v
Homely Bath Services & Trading Pte Ltd and another
Introduction
Facts
Parties’ submissions
Issues and approach
Tenants challenging mortgagees’ right to possession
Application to the facts
Conclusion
PT Humpuss Intermoda Transportasi and another
v
Humpuss Sea Transport Pte Ltd (in compulsory liquidation)
Gulf Hibiscus Ltd
v
Rex International Holding Ltd and another
Introduction
Facts
The parties’ cases
My decision
Specific orders made
Conclusion
Singapore Rifle Association
v
Singapore Shooting Association and others
Introduction
Background
Parties’ pleaded cases
Issues to be determined
Issue 1: Validity of the circular resolution
Issue 2: Conspiracy to injure
Issue 3: Cost of demolition
Conclusion
BUX
v
BUY
Background
Division of assets
Custody, care and control and access
Maintenance for the Wife
Maintenance for the children
Other matters
Simpson Marine (SEA) Pte Ltd
v
Jiacipto Jiaravanon
Introduction
Facts
Decision below
Issues
Parties’ cases
Principles governing recovery of pre-contract deposits
Analysis
Conclusion
TZQ
v
TZR
Introduction
The Appeal
Issues in the Appeal
Background Facts
Division of Matrimonial Assets (including the matrimonial flat)
Maintenance for the Defendant
Conclusion
Ivanishvili, Bidzina and others
v
Credit Suisse AG and another
Introduction
Background
Context and issues
Decision
Conclusion
BMI Tax Services Pte Ltd
v
Heng Keok Meng and others
Facts
CA 179/2018: The Plaintiff’s appeal
CA 182/2018: The Defendants’ appeal
Conclusion
Law Society of Singapore
v
Jaya Anil Kumar
Public Prosecutor
v
Aishamudin bin Jamaludin and others
Crescendas Bionics Pte Ltd
v
Jurong Primewide Pte Ltd
Introduction
Background
The parties’ cases
Issues to be determined
My decision
The plaintiff had embarked on a campaign to slow down the completion of the Project
DW2’s evidence
Summary of findings
Conclusion
Lyu Yan @ Lu Yan
v
Lim Tien Chiang and others
Ryobi Tactics Pte Ltd
v
UES Holdings Pte Ltd and another and another matter
Introduction
Background facts
Parties’ cases
Legal principles and issues for determination
My decision
Conclusion
BLV
v
Public Prosecutor
Introduction
Facts
Decision on the further evidence
Effect on verdict
Consequences for the Witness
Sito Construction Pte Ltd (trading as Afone International)
v
PBT Engineering Pte Ltd
Introduction
The parties’ cases
My decision
Conclusion
Absolute Kinetics Consultancy Pte Ltd
v
Seah Yong Wah (Singapore Telecommunications Ltd, non-party)
Background
Parties’ submissions
Issues
The O 24 r 6(2) Issue
The Inherent Powers Issue
The Confidentiality Issue
The Safeguards Issue
Conclusion and orders made
Postscript: O 24 r 6(5) of the ROC
SCK Serijadi Sdn Bhd
v
Artison Interior Pte Ltd
Introduction
Background
The decision below
Legal framework and issues arising
The effect of service of a garnishee order
nisi
Conclusion
MW Group Pte Ltd
v
Public Prosecutor
Introduction
Facts
Decision below on sentence
The parties’ cases on appeal
My decision
Conclusion
ULV
v
ULW
Introduction
Facts
The parties’ cases
The District Judge’s decision
My decision
Conclusion
BPC
v
BPB and another appeal
Introduction
Background
The decision below
The appeals
The issues to be determined
Our decision
Conclusion
URF and another
v
URH
The parties
The undisputed facts
The parties’ cases in Suit 6
The proceedings and decisions below
RA 3 – The Bifurcation Order
RA 2 – The Specific Discovery Order
Conclusion
Sunseap Group Pte Ltd & 2 Ors
v
Sun Electric Pte Ltd
Introduction
The key statutory provisions
Background facts and procedural history
The parties’ cases on appeal
Our decision
In rem
jurisdiction
Application of legal principles to the facts
Conclusion
BCBC Singapore Pte Ltd and another
v
PT Bayan Resources TBK and another
Introduction
Background
Discussion
Conclusion
Ho Man Yuk
v
Public Prosecutor
Introduction
Facts
The proceedings
The analysis
Conclusion
Burberry Ltd
v
Megastar Shipping Pte Ltd and another appeal
Introduction
Facts
The decision in the High Court
The parties’ cases
The
amicus curiae
’s opinion
Trade mark infringement for goods in transit
Application to the facts
Conclusion
Lalwani Ashok Bherumal
v
Lalwani Shalini Gobind and another
Introduction
Background
Legal context, arguments and issues
Decision
Conclusion
Moh Tai Siang
v
Moh Tai Tong and another
Introduction
Background
Plaintiff’s case
1st defendant’s case
2nd defendant’s case
The decision
Analysis
Pleadings
Evidence about the family’s practices
Whether the Indenture was a genuine conveyance
Whether a resulting trust arose
Constructive trust and knowing receipt
The effect of the Deed of Confirmation
Unjust enrichment
Peripheral matters
Conclusion
P & P Engineering & Construction Pte Ltd
v
Kori Construction (S) Pte Ltd
Introduction
Background
The issues
Costs in relation to PPE’s claim under the manpower contract
Kori’s counterclaim
Costs
Public Prosecutor
v
Tangaraju s/o Suppiah
Introduction
The Prosecution’s case
Close of the Prosecution’s case
The defence
Decision on conviction
Decision on sentence
Lim Hun Joo and others
v
Kok Yin Chong and others
Introduction
Background
Issues
Preliminary issue of grounds of objection not raised before the Board
Issue of
ultra vires
Issue of the approvals of the apportionment of sale proceeds and of the terms and conditions of the CSA
Issue of good faith of the transaction
Conclusion
Annex
URU
v
URV
Introduction
Background facts
Appellant’s submissions
Amicus curiae’s submissions
Decision
Summary and conclusion
BUE and another
v
TZQ and another
Introduction
Background
The preliminary issue
The material facts
The parties’ cases
My decision
Conclusion
StreetSine Singapore Pte Ltd
v
Singapore Institute of Surveyors and Valuers and others
Background and procedural history
The applicable legal principles
The issue and the parties’ arguments
The decision
Conclusion
Seraya Energy Pte Ltd
v
Denka Advantech Pte Ltd and another suit (YTL PowerSeraya Pte Ltd, third party)
Introduction
Background
Issues
RJC Resource Pte Ltd and another
v
Koh Lee Hoo
Introduction
Summary of plaintiffs’ claims
Summary of defendant’s defence
31 May 2013 Agreement
Summary of evidence led at trial
Issues for determination
The analysis
Peripheral issues
Conclusion
TWD and another
v
UQE
Facts
The decision below
The parties’ arguments
The YAC’s submissions and the parties’ further submissions
The issue
My decision
Conclusion
Haw Wan Sin David and another
v
Sim Tee Meng and another
The facts
The District Judge’s findings and decision
Parties’ cases
Issues to be decided
Whether Jimmy Sim made Representations 4 to 6
Whether Jimmy Sim owes a personal duty of care to the appellants
Whether Belle Seah owes a personal duty of care to the appellants
Whether Belle Seah breached her duty of care to the appellants
Conclusion
Huang Ying-Chun
v
Public Prosecutor
Introduction
The material facts
Decision below
Parties’ cases in this appeal
Issues to be determined
Issue 1: A sentencing framework should be adopted
Issue 2: The sentencing framework to be adopted
Issue 3: The five-step framework
Issue 4: Application of the sentencing framework to the present case
Conclusion
Tan Li Yin Michel
v
Avril Rengasamy
Introduction
Background to the dispute
The parties’ cases
The decision below
The parties’ arguments in the appeal
Issues to be determined
Conclusion
BAZ
v
BBA and others and other matters
Introduction
The ICC Arbitration and the Award
Enforcement proceedings in India
Grounds of setting aside in OS 784 and OS 787
Summary of parties’ positions in OS 784 and OS 787
Issue 1: Whether the doctrine of issue estoppel arises from the DHC Judgment
Issue 2: Whether the extended doctrine of
res judicata
or waiver are applicable
The extended doctrine of
res judicata
in arbitration
Issue 3: Whether the Majority had exceeded the powers conferred on them by the Arbitration Agreement
Issue 4: Whether time limitation is a jurisdictional issue
Issue 5: Natural justice
Issue 6: Public policy
Conclusion
Aero-Gate Pte Ltd
v
Engen Marine Engineering Pte Ltd
Introduction
Background facts
The contempt proceedings
Applicable principles of law
The O 52 r 2(2) statements
Liability
Sentence
Costs
Conclusion
UKM
v
Attorney-General
Introduction
Background
The decision below
The parties’ cases on appeal
The issues raised and our analytical approach
Issue 1: The welfare of the Child
Issue 2: The legal basis for taking public policy considerations into account
Issue 3: Taking public policy into account
Issue 4: Payment under s 11 of the Act
Applying Step 2: Balancing the Child’s welfare and public policy
Conclusion
Griffin Real Estate Investment Holdings Pte Ltd (in liquidation)
v
ERC Unicampus Pte Ltd
Introduction
Facts
GREIH’s case
Whether ERCU is estopped from challenging the S1098 Findings
ERCU’s liability as a knowing recipient
Scope of an account of profits by ERCU
RA 377
Conclusion
UMF
v
UMG and another
Introduction
Background facts
Decision below
Parties’ arguments
Issues
Decision
Law reform
Conclusion
Sabyasachi Mukherjee and another
v
Pradeepto Kumar Biswas and another suit
Introduction
Suit 1270/2014
Overview of Suit 1270/2014
Relationship between the Mukherjee and Pradeepto
Whether Pradeepto was a fiduciary
Issue 1: Cause of action based on breach of fiduciary duty
Issue 2: Cause of action based on the tort of deceit
Conclusion on Suit 1270/2014
Suit 417/2017
Conclusion on Suit 417/2017
Management Corporation Strata Title Plan No 901
v
Lian Tat Huat Trading Pte Ltd
Introduction
Background
Parties’ cases
Issues to be determined
The law on striking out
Preliminary issue of whether Prayer 1 should be struck out by reason of subsequent events
Whether the defendant was the proper party to OS 1337
Whether By-law 66 was valid and enforceable
Conclusion
Mohamed Affandi bin Rosli
v
Public Prosecutor and another appeal
Introduction
Background
The parties’ cases
Our decision
Conclusion
Introduction
The parties’ cases at the trial
The appeals
Issues to be determined
My decision
Conclusion
ULA
v
UKZ
Introduction
Facts
The Mother’s case
The Father’s case
The District Judge’s decision
The law on relocation
My decision
Conclusion
Sun Electric Pte Ltd and another
v
Menrva Solutions Pte Ltd and another
The background
Issues to be determined
Preliminary issue on pleadings
The claim in contract
The claim in tort
Lifting the corporate veil
The
alter ego
ground as an independent ground
The counterclaim
Conclusion
Public Prosecutor
v
Muhammad Nabill bin Mohd Fuad
Introduction
The Prosecution’s case
Close of the Prosecution’s case
Nabill’s case
The law
Decision on conviction
Decision on sentence
Werner Samuel Vuillemin v Oversea-Chinese Banking Corp Ltd
[2019] SGHC 88 / Decision Date: 2 April 2019
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