Banking – Performance bonds – Call on bond – Whether bondsman seeking to resist call has recourse to underlying contract between employer and contractor where contractor not party to suit


Civil Procedure – Mareva injunctions – Whether court having jurisdiction to issue Mareva injunction over Singapore assets of foreigner in support of foreign arbitration – Section 12(7) International Arbitration Act (Cap 143A, 2002 Rev Ed) — Civil Procedure – Service – Application for leave to serve out of jurisdiction originating summons taken out under International Arbitration Act – Requirements to be satisfied under Rules of Court – Order 11 r 1, O 69A r 3, O 69A r 4 Rules of Court (Cap 322, R 5, 2004 Rev Ed)


Employment Law – Contract of service – Termination with notice – Continued absence for more than two days – Whether employer entitled to terminate contract of service under s 13 Employment Act – Section 13(2) Employment Act (Cap 91, 1996 Rev Ed)


Criminal Law – Statutory offences – Misuse of Drugs Act – Trafficking in controlled drug – Whether appellant raises reasonable doubt – ss 5(1)(a), 5(2) & 17 Misuse of Drugs Act (Cap 185, 1998 Ed) — Evidence – Admissibility of evidence – Involuntariness – Trafficking in controlled drug – Appellant challenging admissibility of self-incriminating statements on ground of involuntariness – Whether statements involuntary – Objective and subjective requirements – Whether failure to offer food or drink for eight hours oppressive – Whether appellant affected even if allegations of pain, hunger and inducement true


Banking – Lending and security – Plaintiff bank issuing conclusive evidence certificate – Whether certificate arrogating to plaintiff bank sole right to judge propriety of its claim against defendant borrower – Whether court precluded from reviewing legal basis of plaintiff's claim — Contract – Collateral contracts – Whether collateral contract existing to limit terms of guarantee — Contract – Contractual terms – Construction of guarantee – Whether guarantee should be interpreted in context of existing facts – Whether subsequent conduct of parties and evidence of subjective views may be considered when interpreting guarantee


Civil Procedure – Costs – Principles – Whether successful defendant should have his taxed costs held in escrow, until determination of fresh set of proceedings against him by same plaintiff, based on same facts


Civil Procedure – Summary judgment – Whether application to amend statement of claim could be heard pending appeal against decision in respect of O 14 application based on original statement of claim – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 14


Companies – Winding up – Company unable to pay debts – Whether appropriate case for winding up


Revenue Law – Property tax – Appeal against valuation and assessment – Whether machinery located in subject property falling within one or more exclusions provided by s 2(2) Property Tax Act (Cap 254, 2005 Rev Ed) – Whether pipelines extending beyond boundaries of subject property ought to be included in property tax assessment – Whether contractor's test method correct method of assessment — Statutory Interpretation – Construction of statute – Purposive approach – Whether water as article had been made or altered or adapted for sale under s 2(2) Property Tax Act (Cap 254, 2005 Rev Ed)


Criminal Law – Offences – Unlawful assembly – "Common object" – "Common intention" – Distinction between common object and common intention – ss 141, 146 Penal Code (Cap 224) — Criminal Law – Offences – Unlawful assembly – Members of unlawful assembly armed with deadly weapons – Whether sufficient evidence to establish charge – ss 146, 148 Penal Code (Cap 224) — Evidence – Witnesses – Failure of defendant to call material witnesses – Whether adverse presumption should be drawn against defendant – Effect of presumption – s 116 (g) Evidence Act (Cap 97) — Evidence – Previous inconsistent statements – Human fallibility in observation and recollection of events – Whether discrepancies sufficient to destroy credibility of witness


Bills of Exchange and Other Negotiable Instruments – Cheques – Cheque truncation – Whether Cheque Truncation System modifying contractual obligations or liabilities on instrument intended to be negotiable instrument – Sections 89, 90 Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Duties of holder – Notice of dishonour – Whether notice of dishonour dispensed with – Whether defendant prejudiced or inconvenienced by failure to serve timeous notice of dishonour – Section 50(3)(c)(iv) Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Duties of holder – Presentment for payment – Whether bills of exchange must be presented for payment to engage payment undertaking of drawer or indorser – Whether requirement of presentment excused where drawer having no reason to believe bill would be paid if presented – Whether burden on defendant to satisfy court that presentment of cheque would have been appropriate and meaningful – Sections 45(1), 45(2), 46(3)(c) Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Presentation for payment – Plaintiff's bank returning cheque without physical presentment to defendant's bank – Whether plaintiff effecting proper presentment of cheque on defendant or defendant's bank qua agent – Sections 45(1), 45(2), 46(3)(c) Bills of Exchange Act (Cap 23, 1999 Rev Ed)


Companies – Oppression – Parties agreeing not to pursue issue of oppression in court – Whether court having jurisdiction to grant relief under s 216(2) of the Companies Act where no finding of oppression made – Section 216 Companies Act (Cap 50, 1994 Rev Ed) — Companies – Shares – Valuation of shares – Court invited to determine pricing mechanism for purchase/sale of plaintiff company's shares in defendant company – Expert appointed to value defendant company's shares – Valuation unfavourable to plaintiffs – Whether grounds for court to enhance valuation of such shares existing


Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Basis of court's power to order striking out — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Factors to be considered in making decision to order striking out – Intention behind destruction — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Factors to be considered in making decision to order striking out – Whether possibility of fair trial was determinative factor — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Plaintiff deliberately suppressing documents in discovery process – Whether striking out of statement of claim and defence to counterclaim justified


Companies – Winding up – Fraudulent trading – Respondents using new company to carry on business of old company against which winding up proceedings pending – Appellant creditor alleging respondents using new company to put old company's assets out of reach from creditors – Whether respondents causing old company to conduct business with intent to defraud creditors – Essential elements of fraud – Whether subjective or objective standard of honesty applicable when determining whether fraudulent intent existing – Section 340(1) Companies Act (Cap 50, 1994 Rev Ed) — Evidence – Proof of evidence – Standard of proof – Whether civil standard of proof of balance of probabilities applicable in civil cases involving fraud


Family Law – Matrimonial assets – Division – Parties entering into agreement relating to division of matrimonial assets – Husband claiming return of missing personal belongings – Onus on husband to prove entitlement to items – Determination of ownership of property in accordance with terms of deed — Civil Procedure – Costs – Appropriate order – Consideration of interest of parties' children in making costs order


Civil Procedure – Costs – Principles – Solicitors taking further steps in proceedings without obtaining Official Assignee's sanction despite client being adjudged bankrupt – Whether costs wasted due to failure of applicant's solicitors to conduct proceedings with reasonable competence and expedition – Whether applicant's solicitors personally liable for costs – Orders 59 r 8(1), 59 r 8(2) Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Insolvency Law – Bankruptcy – Bankruptcy effects – Bankrupt taking further steps in proceedings without obtaining Official Assignee's sanction – Conditional sanction subsequently granted by Official Assignee – Bankrupt failing to satisfy condition by time of hearing – Whether bankrupt competent to pursue matter – Section 131(1)(a) Bankruptcy Act (Cap 20, 2000 Rev Ed)


Companies – Oppression – Defendants refusing to purchase plaintiff's shares in company – Whether defendants' refusal to purchase plaintiff's shares constituting oppressive conduct – Section 216(1)(a) Companies Act (Cap 50, 1994 Rev Ed) — Companies – Oppression – Whether alleged oppression continuing up to date of proceedings – Whether plaintiff's claims within ambit of s 216(1)(a) Companies Act – Section 216(1)(a) Companies Act (Cap 50, 1994 Rev Ed)


Land – Compulsory acquisitions – Compensation – Appeal from decision of Land Acquisition Appeals Board – Whether Appeals Board correct to take into account provisional permission to amend development plans in awarding compensation – s 33(5)(e) Land Acquisition Act (Cap 152)


Criminal Law – Offences – Criminal force and assault – Using criminal force with intent to outrage modesty – Child complainant – Whether offences proven – s 354 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Sentencing – Whether manifestly excessive – Benchmark for sexual offences involving victim's private parts -Whether totality principle breached — Criminal Procedure and Sentencing – Statements – Admissibility – Complainant's statement to police – Application by defence for court to refer to statement – Correct approach to such application – Whether court has discretion to refer to statement – s 122(2) Criminal Procedure Code (Cap 68) — Evidence – Weight of evidence – Sexual offences – Failure to report incident immediately to police – Whether need to report immediately exists – Whether delay in filing police report justified — Evidence – Witnesses – Evidence – Witnesses – Allegations of conspiracy and contamination of evidence – Whether allegations proven — Evidence – Witnesses – Corroboration – Sexual offences – Child complainant – Lack of independent corroboration – Approach of court


Companies – Shares – Transfer – Whether draft agreement for transfer of shares had legal effect – Whether there was requirement that sale and purchase of shares must be evidenced in writing. — Contract – Formation – Certainty of terms – Whether indemnity clause in contract for supply meant to be enforceable – Whether defendant can rely on indemnity clause in action against the third parties.


Contract – Contractual terms – Construction of deed – Principles of construction – Facts relevant to construction of deed – Whether deed in nature of indemnity or warranty — Credit and Security – Guarantees and indemnities – Contracts of indemnity – When cause of action arises – Whether breach of obligations under indemnity gives rise to action for damages at law


Criminal Law – Statutory offences – Misuse of Drugs Act – Interpretation – Whether necessary to adopt purposive interpretation of "trafficking" – Whether appellant's actions falling within ambit of "trafficking" even if purposive interpretation adopted – Sections 2, 5 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Law – Statutory offences – Misuse of Drugs Act – Whether appellant's acts satisfying definition of "traffic" – Section 2 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Procedure and Sentencing – Charge – Alteration – Entrapment carried out by Central Narcotics Bureau officers – Whether court should convict appellant on lesser offence than that arising out of entrapment


Criminal Procedure and Sentencing – Mitigation – Accused charged with raping daughter – Accused pleading guilty to rape charge – Accused sole breadwinner of family and arguing that long-term imprisonment would cause substantial hardship to family – Weight to be attached to such circumstances in sentencing accused — Criminal Procedure and Sentencing – Mitigation – Plea of guilt – Whether true remorse present – Relevance of willingness to facilitate the course of justice – Discount to be applied — Criminal Procedure and Sentencing – Sentencing – Accused charged with raping daughter – Accused pleading guilty to rape charge – Relevance of prior convictions – Whether prior unrelated criminal antecedents to be considered in sentencing — Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Accused charged with raping daughter – Accused pleading guilty to rape charge – Relevant sentencing considerations — Criminal Procedure and Sentencing – Sentencing – Principles – Accused charged with raping daughter – Accused pleading guilty to rape charge – Importance of deterrence as consideration in sentencing for sexual offences


Criminal Law – Statutory offences – Arms Offences Act — Criminal Law – General exceptions – Accident – Whether made out — Criminal Procedure and Sentencing – Statements – Voluntariness – Whether threat or inducement


Building and Construction Law – Building and construction contracts – Defects in condominium development – Property transferred to management corporation – Whether plaintiff developer was right party to sue under contract — Building and Construction Law – Building and construction contracts – General rule that plaintiff may only recover substantial damages for breach of contract if plaintiff suffered loss – Whether any exception to rule for building and construction contracts — Civil Procedure – Limitation – Meaning of "knowledge" under s 24A(2)(b) Limitation Act – Whether plaintiff's claims against defendants time-barred – Section 24A(2)(b) Limitation Act (Cap 163, 1999 Rev Ed) — Civil Procedure – Limitation – Plaintiff having two separate causes of action against defendants – Whether barring of one claim rendered other claim time-barred – Section 24A(2)(b) Limitation Act (Cap 163, 1999 Rev Ed)


Insolvency Law – Winding up – Liquidator – Liquidators bringing action on behalf of insolvent estate – Whether liquidators personally liable to winning party for shortfall in costs owed by insolvent estate if liquidators in breach of estate costs rule


Civil Procedure – Costs – Whether respondent's behaviour in not accepting offer to settle affects costs awarded — Civil Procedure – Costs – Whether appellant's less-than-clear offer to settle affects costs awarded


Civil Procedure – Costs – Security


Banking – Letters of credit – Applicable principle – Issuing bank sending notice of refusal – Negotiating bank re-presenting amended documents for reimbursement – Issuing bank failing to send another notice of refusal – Whether issuing bank can rely on discrepancies stated in notice of refusal to resist payment to negotiating bank — Banking – Letters of credit – Applicable principle – Letter of credit containing non-documentary condition – Whether effect to be given to non-documentary condition in spite of incorporation of Art 13(c) Uniform Customs and Practice for Documentary Credits 1993 (International Chamber of Commerce Publication No 500) — Contract – Contractual terms – Rules of construction – Apparent conflict between provisions of letter of credit – Whether apparently conflicting provisions may be read harmoniously


Criminal Procedure and Sentencing – Sentencing – Interpretation of phrase "shall be liable...to a fine of $1,000" in s 30(2)(a) Films Act (Cap 107, 1998 Rev Ed) – Whether a minimum fine of $1,000 must be imposed — Statutory Interpretation – Construction of statute – Purposive approach – Use of relevant debates in Parliament – Interpretation Act (Cap 1, 1997 Rev Ed) s 9A(1), (2)(b), (3)(d) — Statutory Interpretation – Interpretation act – Interaction of sections – Interaction of ss 9A(1) and 41 Interpretation Act – Precedence of s 9A(1) Interpretation Act (Cap 1, 1997 Rev Ed)


Insurance – General principles – Claims — Insurance – Interpretation of clauses in life policy – Whether broad or strict interpretation should apply


Agency – Construction of agent’s authority – Whether specific or general authority given by customer to bank employee to enter into banking transactions — Banking – Accounts – Duty of customer – Whether customer under duty to inform bank of unauthorised transactions which customer becomes aware of — Equity – Estoppel – Estoppel by representation – Whether doctrine of estoppel applicable — Evidence – Admissibility of evidence – Whether evidence given in criminal proceedings – ss 32(c) & 45A Evidence Act (Cap 97) – Whether incriminating statements admissible – Matters admissible under s 45A Evidence Act (Cap 97) — Tort – Conspiracy – Conspiracy to injure by unlawful means – Whether defendants party to agreement to injure by unlawful means — Tort – Inducement of breach of contract – Whether customer induces employee to breach employment contract with bank — Trusts – Accessory liability – Dishonest accessory liability – Elements to be proved – Test of dishonesty – Whether defendants dishonest – Whether claim made out


Revenue Law – Income taxation – Jurisdiction – Whether gains from exercise of stock options amounting to income under s 10(5) Income Tax Act – Whether income deriving from or accruing in Singapore – Sections 10(1), 10(5) Income Tax Act (Cap 134, 1996 Rev Ed)


Criminal Law – Offences – Murder – Interpretation of s 300(c) Penal Code – Accused intending to inflict injury found on victim – Accused not aware injury sufficient in course of nature to cause victim's death – Whether injury inflicted accidentally – Section 300(c) Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Knives brought by accused to frighten victim but eventually used to injure victim – Whether use of knives in furtherance of common intention to rob – s 34 Penal Code (Cap 224, 1985 Rev Ed)


Civil Procedure – Costs – Principles – Whether factors listed in O 59 r 6A Rules of Court exhaustive – Whether court entitled to consider circumstances over and above factors listed in O 59 r 6A when deciding on appropriate costs order – Order 59 r 2(2), O 59 r 6A Rules of Court (Cap 322, R5, 2004 Rev Ed) — Probate and Administration – Distribution of assets – Appellant administrator and beneficiary of estate and mother of second respondent – Appellant making various payments to second respondent – Whether payments amounting to distributions from estate or gifts from appellant – Applicable principles in determining whether payments distributions or gifts


Civil Procedure – Amendments – Whether plaintiff might amend statement of claim after application for summary judgment first determined — Civil Procedure – Rules of court – Whether application for summary judgment under O 14 r 1 could be combined with striking out application under O 18 r 19 – Order 14 r 1 and O 18 r 19 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Civil Procedure – Summary judgment – Plaintiffs suing defendants for publishing allegedly defamatory articles about them – Whether articles defamatory in nature – Whether plaintiffs' applications for summary judgment should be allowed — Tort – Defamation – Defamatory statements – Whether allegedly defamatory words referring to plaintiffs – Whether allegedly defamatory words defaming plaintiffs – Whether the defendants entitled to rely on defences of justification, qualified privilege and fair comment – Whether court might reach meaning of allegedly defamatory words different from that pleaded


Criminal Law – Statutory offences – Appellant convicted of employment of immigration offender – Whether appellant's conviction should be overturned — Criminal Law – Employment of immigration offender – 'Employ' – Whether element of employment made out – Section 57(1)(e) Immigration Act (Cap 133, 1997 Rev Ed) — Criminal Law – Employment of immigration offender – Mens rea – Whether appellant knew or had reasonable grounds for believing worker was an immigration offender — Criminal Procedure and Sentencing – Appeal – Adducing fresh evidence – Whether additional evidence may be adduced – Test for adducing fresh evidence – Section 257(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Appellant convicted of employment of immigration offender – Whether sentence imposed manifestly inadequate – Whether factors considered by trial judge justify derogation from benchmark sentence


Patents and Inventions – Inventive step – Alleged infringement of patent for manufacturing process consisting of combination of known elements – Whether patent invalid for lack of inventiveness – Section 13(1) Patents Act (Cap 221, 2005 Rev Ed) — Patents and Inventions – Novelty – Alleged infringement of patent for manufacturing process consisting of combination of known elements – Whether process not new or novel due to prior use, prior disclosure to other parties and prior art – Sections 13(1), 14(1), 14(2) Patents Act (Cap 221, 2005 Rev Ed)


Criminal Law – Complicity – Common object – common intention – limit to constructive liability. — Criminal Law – Offences – Murder – rioting – grievous hurt. — Evidence – Weight of evidence – Decisions of trial judge – Whether trial judge correct in accepting testimony of accused in court over previous incriminating statements to police – Whether trial judge correct in admitting statements of co-accused but choosing not to attach any weight to it


[Insolvency Law — Winding up — Grounds for petition — Company owing debts — Whether company unable to pay its debts — Whether debt disputed — Sections 125(1)(e) and 125(2)(a) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)]


Civil Procedure – Service – Order granting service of writ out of jurisdiction – Whether order should be set aside — Civil Procedure – Stay of proceedings – Actions commenced in Singapore and South Africa – Whether Singapore more appropriate forum — Civil Procedure – Striking out – Whether action against defendants should be struck out


Legal Profession – Application for part-call – Whether application may be made by person who is not applicant's pupil-master – Whether pupil's right of audience granted pursuant to a part-call application continues after pupillage ends – s 32 Legal Profession Act (Cap 161, 2001 Rev Ed)


Damages – Assessment – Whether assistant registrar accurately assessed damages — Damages – Quantum – Whether quantum of damages inflated – Whether selected multiplier and multiplicand inaccurate


Criminal Law – Elements of crime – Mens rea – Aiding and abetting commission of offence – Whether knowledge of offence proven – Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(a) read with 29(a)


Contract – Consideration – Past consideration – Assignment in lieu of direct cash payment – Whether plaintiff's assignment of debt owed to third party to defendant made without consideration or for past consideration – Whether assignment made as partial payment for existing debts — Insolvency Law – Avoidance of transactions – Transactions at an undervalue – Whether plaintiff's assignment of debt owed to third party to defendant constituting transaction at an undervalue – Whether liquidator discharging burden of proving undervalue – Section 98 Bankruptcy Act (Cap 20, 2000 Rev Ed) — Insolvency Law – Avoidance of transactions – Unfair preferences – Whether plaintiff's assignment of debt owed to third party to defendant while plaintiff insolvent amounting to unfair preference – Whether assignment made with intent to prefer defendant over other creditors – Sections 99, 100(4) Bankruptcy Act (Cap 20, 2000 Rev Ed)


Civil Procedure – Summary judgment – Determination of question of law – Whether question suitable for determination under O 14 r 12(1) – O 14 r 12 Rules of Court — Civil Procedure – Affidavits – Affidavits of testamentary script – Whether such affidavits must be served on any party – O 72 r 9 Rules of Court — Probate and Administration – Foreign domicile grants – Whether foreign grant of probate conclusive proof of due execution and validity of will – Petition for grant of probate in Singapore – Whether petitioner required to prove will – Fraud or collusion alleged – Whether foreign grant of probate unimpeachable – ss 43 & 46 Evidence Act (Cap 97, 1997 Rev Ed) — Trusts – Secret trusts – Half-secret – Creation of trusts – Document testamentary in nature – but invalidly as will – Whether document wholly inoperative – Whether document regarded as declaration of trust over assets of estate of testator – Whether intention of testator relevant – Whether knowledge of executors or trustees or beneficiaries of the testator's intention relevant — Trusts – Secret trusts – Half-secret – Creation of trust – Whether trust expressly or tacitly accepted by beneficiary or trustees


Criminal Procedure and Sentencing – Criminal references – Applicant applying for criminal motion – Applicant failing to state exact order sought – Whether failure a critical procedural error – Requirements to be satisfied – s 60 Supreme Court of Judicature Act (Cap 322) — Criminal Procedure and Sentencing – Criminal references – Application for criminal motion by party other than Public Prosecutor – Power of High Court in such situation – s 60 Supreme Court of Judicature Act (Cap 322) — Criminal Procedure and Sentencing – Sentencing – Plea in mitigation – Whether Court duty bound to invite accused to present mitigating plea – Whether court duty bound to defend or assist accused – Burden on defence at close of criminal matter


Evidence – Documentary evidence – Blank in preamble of agreement where date of signing to be indicated – Agreement clearly providing for entry into force from date of signing – Parties signing every page of agreement with date indicated in footer – Whether blank in preamble a patent ambiguity – Whether extrinsic evidence admissible to ascertain date of signing of agreement – Section 95 Evidence Act (Cap 97, 1997 Rev Ed)


Civil Procedure – Interim payments – Whether any basis to speculate on value of deceased's estate before inquiry – Whether claims must be made after inquiry — Civil Procedure – Mareva injunctions – Application for discharge – Whether first defendant controlling some substantial amount of money in estate – Whether to maintain preservation order — Civil Procedure – Summons in chambers – Application for exchange of auditors' reports and for arbitrator to conduct inquiry – Inquiry to determine assets of estate pending – Whether application coming too late – Whether allowing application will hinder inquiry — Civil Procedure – Third party proceedings – Third party notice – Setting aside – Whether wrong to encourage writ action within narrow scope of inquiry – O 16 Rules of Court


Contract – Remedies – Damages – Contractual right of forfeiture – Right exercisable without prejudice to any other rights available at law or in equity – Whether right to claim damages limited to deposit forfeited – Whether entitled to claim in excess of deposit forfeited – Whether contractual clause a liquidated damages clause — Land – Sale of land – Contract – Contract of sale and purchase – Contract in prescribed Form E of Housing Developers Rules 1990 – Purchaser's default – Developers' contractual right of forfeiture of 20% of purchase price – Whether developers' claim for damages limited to 20% of purchase price – Form E cl 5(3) Housing Developers Rules (Cap 130, R 1, 1990 Ed) — Statutory Interpretation – Construction of statute – Intention of Parliament – Whether legislative intent may be gathered from subsequent amendments to legislation


Civil Procedure – Service – Leave to serve writs out of jurisdiction granted – Whether invoking jurisdiction of court – Burden of proving service of process effected in appropriate manner lying on respondents as plaintiffs – Whether burden remaining on respondents when challenge to jurisdiction brought – Section 16(1) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) — Civil Procedure – Service – Leave to serve writs out of jurisdiction granted – Whether order granting leave should be set aside as abuse of process of court – Whether claims for damages and injunctive relief contained in writs confined to damages sustained or actions taken within Singapore – Order 11 r 1 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Civil Procedure – Service – Whether civil procedure convention subsisting between Singapore and Hong Kong – Whether treaty concluded between People's Republic of China and Singapore applying to Hong Kong – Order 11 r 4(1), O 11 r 4(2) Rules of Court (Cap 322, R 5, 2006 Rev Ed)


Criminal Procedure and Sentencing – Sentencing – Principles – Accused pleading guilty to charges under Computer Misuse Act and Penal Code for working in syndicate involved in perpetrating ATM card fraud – Whether totality principle and one-transaction rule for sentencing applicable – Sections 4, 10 Computer Misuse Act (Cap 50A, 1998 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Policy underpinning deterrent sentencing – Offences normally attracting deterrent sentence — Criminal Procedure and Sentencing – Sentencing – Principles – Whether relevance of foreign case law limited to clarifying principles only – Whether quantum of sentencing in other jurisdictions relevant


Contract – Contractual terms – Sale and purchase of property – Construction of clause in sale agreement providing for adjustment of sale price — Land – Sale of land – Doctrine of merger – Construction of s 66 of Land Titles Act (Cap 157, 1994 Ed) – Whether buyer's obligation to pay adjusted price extinguishes upon registration of transfer – s 66 Land Titles Act (Cap 157, 1994 Ed) — Limitation of Actions – Equity and limitation of actions – Accrual of cause of action – s 6(1)(a) Limitation Act (Cap 163, 1996 Ed)


Administrative Law – Natural justice – Breach of rules of natural justice – Exhaustion of internal remedies – Whether plaintiffs must first exhaust all their internal remedies before coming to court — Administrative Law – Natural justice – Breach of rules of natural justice – Whether plaintiffs entitled to declaration that expulsion was null and void


Companies – Directors – Duties – Breach of fiduciary duty – Whether loss suffered by company's loss caused by director's breach of duty — Companies – Winding up – Provisional liquidator – Primary duty of provisional liquidator – Whether sale of shares ultra vires – Whether provisional liquidators negligent is not seeking third party advise before sale of shares – Whether act of provisional liquidators break chain of causation


Civil Procedure – Striking out – Determination of question of law or construction of document without trial – Claim for defamation – Statements in Explanatory Statement alleged to be defamatory in natural and ordinary meaning as well as by innuendo – Whether defamation claim should be struck out for want of reasonable cause of action, being scandalous, frivolous or vexatious or abuse of process of court – Whether natural and ordinary meaning of words alleged to be defamatory may be determined under O 14 r 12 Rules of Court (Cap 322, R 5, 2006 Rev Ed) – Order 14 r 12 and O 18 r 19 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Tort – Defamation – Statements in Explanatory Statement alleged to be defamatory in natural and ordinary meaning as well as by innuendo – Whether defamation claim should be struck out for want of reasonable cause of action, being scandalous, frivolous or vexatious or abuse of process of court – Whether natural and ordinary meaning of words alleged to be defamatory may be determined under O 14 r 12 Rules of Court (Cap 322, R 5, 2006 Rev Ed)


Companies – Incorporation of companies – Lifting corporate veil – Company entering into contracts – Company acting solely through sole shareholder and director – Whether sole shareholder and director liable for breach of trust as alter ego of company – Whether court should pierce the corporate veil — Contract – Collateral contracts – Parol evidence rule – Company entering into contracts – Company acting solely through sole shareholder and director – Whether company fulfilled obligations depending entirely on sole shareholder and director – Whether direct contract with sole shareholder and director should be implied – Whether personal covenant should be implied into existing contracts – Section 94 Evidence Act (Cap 97, 1997 Rev Ed) — Trusts – Constructive trusts – Quistclose trusts – Sole shareholder and director of company receiving money as agent – Agent knowing purpose of money – Agent paying money out for other purposes – Whether money subject to trust – Whether payment out in breach of trust


Damages – Assessment – Appellant injured in the course of work and suffered from a prolapsed central disc and backache – Whether an award of general damages for future medical treatment warranted — Damages – Assessment – Loss of earning capacity – Whether awards of general damages and special damages for loss of earning capacity were reasonable — Damages – Assessment – Loss of future earnings – Appellant was a malingerer who took extensive medical leave – Whether assistant registrar was justified in not awarding damages for loss of future earnings


Tort – Misrepresentation – Fraud and deceit – Whether there was misrepresentation amounting to fraud – Whether making reference to similarly-named resort amounting to fraud – Whether plagiarising superlatives describing trade mark proprietor's resort amounting to fraud — Tort – Passing off – Damage – Damage required – Requirement for probability of damage to goodwill in respect of trade or business – Whether there was requisite damage – Whether loss in form of loss of uniqueness and exclusivity, branding fees and prejudice to future real estate development plans amounting to requisite damage — Tort – Passing off – Goodwill – Whether there was goodwill — Tort – Passing off – Misrepresentation – Misrepresentation required – Requirement of real risk that alleged infringer's representation would deceive substantial number of persons of relevant section of public – Requirement of consequence of misrepresentation being that relevant section of public would believe that goods or services of alleged infringer were those of trade mark proprietor – Requirement of consequence of misrepresentation being that relevant section of public would believe that there was business connection between trade mark proprietor and alleged infringer in relation to goods or services provided by them – Whether there was requisite misrepresentation — Tort – Passing off – Test for tort of passing off to be established – Requirement of goodwill – Requirement of misrepresentation – Requirement of damage – Whether tort of passing off established — Trade Marks and Trade Names – Goodwill – Whether there was goodwill — Words and Phrases – "Connection" – "Likely to damage the interests of the proprietor" – Sections 55, 55(3)(a) Trade Marks Act (Cap 332, 2005 Rev Ed) — Words and Phrases – "Relevant sector of the public in Singapore" – Section 2(8) Trade Marks Act (Cap 332, 2005 Rev Ed)


Criminal Procedure and Sentencing – Sentencing – Rape – Aggravated rape – First accused raping and molesting nine-year old daughter of second accused – Second accused aware of and consenting to such acts – Second accused aiding and participating in some of the acts – Mitigating factors – Serious aggravating factors – Need for stiff deterrent sentences – s 30(2)(a) Films Act (Cap 107, 1998 Ed) – ss 109, 352, 354, 376(1), 376(2) & 377 Penal Code (Cap 224)


Evidence – Admissibility of evidence – Exception in SM Summit Holdings Ltd v PP – Whether exception applicable in present case — Legal Profession – Show cause action – Lawyer attempting to procure conveyancing work by offering monetary reward to individuals referring such work to her – Lawyer pleaded guilty to charges for grossly improper conduct in discharge of her professional duty brought against her by Law Society of Singapore – Appropriate punishment in light of certain mitigating circumstances – Sections 83(2)(e), 83(2)(h) Legal Profession Act (Cap 161, 2001 Rev Ed)


Land – Easements – Rights of support – Whether right of support extends to building on land – Whether distinction between land in natural state and land with building on it valid – Whether distinction between registered and unregistered land valid – Whether landowner under duty to use property in manner as not to injure that of another – Whether adjoining landowner under duty not to excavate land without first securing alternative means of support – whether duty can be delegated


Patents and Inventions – Groundless threat – Claim for relief – Whether defendants had defence under s 77(4) – ss 77(1) & 77(4) Patents Act (Cap 221) — Patents and Inventions – Infringement – Construction of claims in specification of defendants' patent – Whether plaintiffs' device infringed defendants' patent


Conflict of Laws – Natural forum – Custody of child – Father French citizen – Mother citizen of both Morocco and France – Custody proceedings by both in Singapore – Divorce and custody proceedings by father in France – French court granting interim custody to mother with access to father – Mother seeking stay of all proceedings in Singapore in favour of proceedings commenced by father in France – Child living with mother in London – Whether Singapore or France the more suitable forum to decide custody of and access to child


Arbitration – Agreement – Scope – Whether arbitration clause in sub-contract having universal application to all claims plaintiff might have against defendants — Civil Procedure – Discovery of documents – Application – Pre-action discovery – Whether court having inherent jurisdiction to order pre-arbitration discovery – Whether plaintiff's affidavits in support of application for pre-action discovery stating "material facts pertaining to the intended proceedings" – Order 24 r 6(3) Rules of Court (Cap 322, R 5, 2004 Rev Ed)


Admiralty and Shipping – Admiralty jurisdiction and arrest – Ownership of vessels – Certificate of registration of vessel – Identity of vessel's beneficial owners – Whether certificate offers prima facie evidence of ownership – Whether such evidence rebuttable — Admiralty and Shipping – Admiralty jurisdiction and arrest – Whether High Court has jurisdiction over vessel under s 4(4) of High Court (Admiralty Jurisdiction) Act (Cap 123) – Whether vessel's arrest ultra vires


– Drug trafficking – Appeal against conviction – Whether conviction was safe and satisfactory – Misuse of Drugs Act (Cap. 185) s 5(1)(a)


Criminal Law – Offences – Murder – Diminished responsibility – Conflicting expert evidence – Whether defence made out on balance of probabilities – s 300 Exception 7 Penal Code (Cap 224) — Criminal Law – Offences – Murder – Intention – Injuries sufficient in ordinary course of nature to cause death – Whether requisite intention for murder proved beyond reasonable doubt – s 300(c) Penal Code (Cap 224)


Damages – Assessment – Damages given to sub-contractor for sub-sub-contractor's wrongful repudiation of contract – Judgment also given to sub-sub-contractor for work done by it – Whether certificate issued by contractor relevant in assessing work done by sub-sub-contractor – Whether deductions to be made for works allegedly not done by sub-sub-contractor – Assessment of damages payable to contractor for wrongful repudiation of contract.


Civil Procedure – Appeals – Leave


Civil Procedure – Originating processes – Writ – Extension of validity – Grounds for extension – Non-service of writ due to plaintiffs' alleged misinterpretation of document – Plaintiffs had had reasonable opportunities to serve writ during its validity – Whether good reason shown for extension – O 6 r 4 Rules of Court — Civil Procedure – Originating processes – Writ – Extension of validity – Ex parte application – Non-disclosure of material facts – Whether fatal to application — Civil Procedure – Originating processes – Writ – Issue of writ against vessel – Duty to serve promptly – Whether on-going negotiations with defendants relieves plaintiff of duty — Civil Procedure – Originating processes – Writ – Extension of validity – Whether balance of hardship per se good reason for extension – Need for matters constituting good reason to exist


Criminal Procedure and Sentencing – Sentencing – Bankruptcy offences – Undischarged bankrupt leaving jurisdiction without previous permission of Official Assignee – Whether custodial sentence the norm for such offences – Burden in offender to show exceptional circumstances warranting sentence of only a fine – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed) — Criminal Procedure and Sentencing – Sentencing – Bankruptcy offences – Whether imposition of a fine appropriate – Whether any usual tariff sentence in respect of amount of fine – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed) — Insolvency Law – Bankruptcy – Bankrupt’s duties and liabilities – Undischarged bankrupt leaving jurisdiction on 44 occasions without prior permission of Official Assignee – Whether bankrupt's conduct amounts to reckless, blatant and deliberate disregard of the law – Whether duty imposed on bankrupt delegable – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed)


Insolvency Law – Winding up – Liquidator – Whether liquidator negligent in failing to recover debt owed to company before claim against debtor became time-barred – Whether shareholder of company suffered loss as a result of liquidator's negligence


Criminal Law – Abetment – Abetment by conspiracy – Elements of offence – s 107(b) Penal Code (Cap 224) — Criminal Law – Complicity – Common intention – Elements to establish for criminal liability under s 34 of Penal Code – Whether appellant participating in criminal act – Whether presence required – s 34 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Charge – Substitution of conviction – Revisionary powers of High Court to substitute conviction – Whether causing any prejudice to appellant – s 256(b)(ii)Criminal Procedure Code (Cap 68)


Civil Procedure – Appeals – Appellate court's review of trial judge's discretion — Civil Procedure – Mareva injunctions – Requirements to be satisfied – Factors indicating real risk of dissipation of assets


[Criminal Procedure and Sentencing — Public Prosecutor — Powers — Section 33B(2)(b) Misuse of Drugs Act (Cap 185, 2008 Rev Ed) — Issuance of certificate of substantive assistance — Test for “substantively assisted”]


Contract – Breach – Appellant wished to acquire Singapore-listed company and sought respondent's help – Respondent to introduce a suitable company for acquisition and to inject a sum of money towards appellant's business plan – Agreement that appellant was to transfer shares in acquired company in exchange for respondent's efforts – Appellant failed to effect transfer of some of the shares – Trial judge ordered appellant to effect transfer – Whether there was indeed an agreement between the parties – Whether the transfer of shares was an ex gratia arrangement between the parties — Civil Procedure – Judgments and orders – Appellant to guarantee minimum market value for some of the shares for a period of one year – Respondent requested for order that appellant be held to the guarantee – Trial judge refused to make the order – Whether appellant ought to be held to the guarantee — Damages – Assessment – Respondent requested for damages to be assessed – Trial judge refused the request – Whether an order for damages to be assessed ought to have been granted


Companies – Schemes of arrangement – Creditors to recover varying percentages – Whether creditors should be divided into separate classes for voting purposes — Companies – Schemes of arrangement – Information provided not adequate to evaluate scheme – Scheme approved by creditors – Whether scheme should be sanctioned by court — Companies – Schemes of arrangement – Lack of transparency of related parties' debts – Whether votes of related parties should be disregarded in determining if s 210(3) of the Companies Act (Cap 50, 1994 Rev Ed) satisfied


Courts and Jurisdiction – Court judgments – Binding force – Approach of courts in dealing with long-standing decisions that were shown to be incorrect – Whether doctrine of stare decisis applying — Criminal Law – Complicity – Abetment – Whether existing interpretation of ss 111 and 113 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Meaning of "criminal act" – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Participation – Whether s 34 Penal Code (Cap 224, 1985 Rev Ed) requiring presence at scene of criminal act to constitute participation — Criminal Law – Complicity – Common intention – Proof of common intention – Manner in which common intention may be proved – Inferences made from circumstances of case – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Requisite intention – Whether s 34 Penal Code (Cap 224, 1985 Rev Ed) requiring common intention of parties to commit the offence actually committed in a "twin crime" situation – Whether additional mens rea requirement of secondary offenders is that of subjective knowledge on the part of secondary offender in relation to the likelihood of collateral offence happening – Whether secondary offender possessing such requisite intention – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common object – Whether existing interpretation of s 149 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Gang robbery – Whether existing interpretation of s 396 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Statements – Admissibility – Whether out-of-court confessions of co-accused not party to proceedings falling within general prohibition against hearsay evidence – Whether out-of-court confessions of co-accused not party to proceedings admissible under s 378(1)(b)(i) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Evidence – Admissibility of evidence – Hearsay – Characterisation of hearsay rule considering nature of Evidence Act (Cap 97, 1997 Rev Ed) – Relationship between hearsay rule as expressed in Evidence Act and Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Evidence – Proof of evidence – Confessions – Confessions of accomplice not jointly charged – Relationship of s 30 Evidence Act (Cap 97, 1997 Rev Ed) with s 378(1)(b)(i) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Statutory Interpretation – Statutes – Evidence Act (Cap 97, 1997 Rev Ed) – Classification as a facilitative statute – Purposive interpretation of Evidence Act (Cap 97, 1997 Rev Ed) – When does interpretation give effect to legislative intent — Statutory Interpretation – Statutes – Penal Code (Cap 224, 1985 Rev Ed) – Whether recourse to English common law permissible in interpreting Penal Code – When does interpretation give effect to legislative intent


Credit and Security – Mortgage of personal property – Stocks and shares – Scope of duty of pledgee to pledgor and guarantor when selling pledged shares – Pledgee failing to ascertain market price of shares before agreeing to private sale – Proper basis for valuation of shares – Whether shares sold at undervalue – Whether possible to establish breach of duty without proof of undervalue – Whether claim by company in respect of shares pledged by its subsidiary allowable — Damages – Compensation and damages – Claim by shareholder for loss purely reflective of damage caused to or loss suffered by company – Whether claim permissible – Whether open to claimant to take measures to render principle inapplicable — Tort – Conspiracy – Whether security sold at undervalue pursuant to conspiracy between pledgee and buyer – Differences between conspiracy by lawful and unlawful means – Whether intention or predominant intention to injure made out


Criminal Procedure and Sentencing – Sentencing – Trafficking in controlled drugs.


Land – Adverse possession – Conversion of land into registered land – Adverse possession acquired prior to conversion – Whether defendant entitled to claim adverse possession of land – Whether s 50 of Land Titles Act applied retrospectively – Section 50 Land Titles Act (Cap 157, 1994 Rev Ed) — Land – Adverse possession – Factors constituting adverse possession of land – Whether defendants had continuous, open and exclusive physical possession coupled with intention to possess – Whether aggregation of separate periods of possession allowed


Criminal Law – Offences – Criminal intimidation – Elements of criminal intimidation – Whether evidence establishing that accused committed offences of criminal intimidation – Sentencing principles for criminal intimidation – Appropriate sentence to be imposed on facts of present case — Criminal Law – Offences – Insulting modesty of woman – Sentencing principles for insulting modesty of woman – Appropriate sentence to be imposed on facts of present case — Criminal Law – Offences – Property – Theft – Elements of theft – Whether evidence establishing that accused committed theft — Criminal Law – Offences – Rape – Elements of aggravated rape – Whether evidence establishing that offender committed second instance of rape – Whether evidence establishing that offender committed aggravated rape – Sentencing principles for rape – Appropriate sentence to be imposed for rape where there was prior relationship between parties — Criminal Law – Offences – Unnatural offences – Carnal intercourse against order of nature – Whether evidence establishing that offender committed second instance of sodomy – Sentencing principles for sodomy – Appropriate sentence to be imposed for sodomy where victim was non-consenting — Criminal Procedure and Sentencing – Appeal – Acquittal – Principles governing appellate interference with trial judge's conclusions based on findings of fact — Criminal Procedure and Sentencing – Sentencing – Appeals – Principles governing appellate interference with trial judge's sentence imposed — Criminal Procedure and Sentencing – Sentencing – Concurrent or consecutive sentences – Principles governing imposition of concurrent or consecutive sentences when offender convicted and sentenced to imprisonment for at least three distinct offences — Evidence – Witnesses – Corroboration – Whether corroboration required for cases involving sexual offences – Principles governing identification of corroborative evidence where corroboration was required


Contract – Contractual terms – Rules of construction – Contractual obligation to procure that company repays loans – Failure of company to repay – Whether clause imposes obligation of guarantee – Context of clause and entire document – Whether essential for word 'guarantee' to be in clause before guarantee obligation can arise – Whether breach of obligation — Evidence – Admissibility of evidence – Agreements for sale and purchase of shares – Limitation of liability clause – Whether extrinsic evidence admissible to aid construction – Whether clause clear and unambiguous – s 94 proviso (f) Evidence Act (Cap 97, 1997 Ed)


Arbitration – Stay of court proceedings – Defendant applying for stay and refusing to file defence – Steps to be taken by defendant applying for stay of proceedings – Whether application for extension of time would constitute "step in the proceedings" under Arbitration Act (Cap 10, 2002 Rev Ed) — Civil Procedure – Stay of proceedings – Scenario where defendant did not file defence because of its pending application for stay in favour of arbitration – Whether defendant could be compelled to file defence notwithstanding its pending stay application


Criminal Law – Application by Public Prosecutor under s 60 of the Supreme Court Judicature Act (Cap 322) asking for question of law of public interest to be referred to the Court of Appeal – Whether motion be allowed.


Civil Procedure – Appeals – Judgment reversed on appeal – Repayment of judgment sum paid pursuant to judgment – Whether repayment should be with interest


Administrative Law – Natural justice – Allegations that trial not fair and impartial – Failure to give copies of documents to appellant – Referral by trial judge to incidents subsequent to complaint — Evidence – Documentary evidence – Medical reports – Whether direct evidence of assault — Family Law – Family violence – Orders for protection – Grant of personal protection order – Women's Charter (Cap 353, 1997 Rev Ed) s 65


Contract – Contractual terms – Plaintiff alleging delivery date governed by purchase orders – Defendant alleging that delivery date governed by quotations – Whether contractual terms governed by purchase orders or quotations — Contract – Discharge – Subsequent agreement – Whether parties mutually abandoning existing rights under contract – Whether contract rescinded by mutual agreement – Whether new agreement must be sufficiently precise to found new contract — Contract – Implied contracts – Quantum meruit – Defendant partially completing work under original contract – Parties discharging contract by mutual agreement – Defendant continuing to work after contract discharged – Whether defendant entitled to payment on quantum meruit basis


Contract – Contractual terms – Whether plaintiff has right to account of share of profits — Contract – Discharge – Breach of contract – Remedies for breach of contract – Whether damages sufficient – Whether plaintiffs entitled to an account of profits – Whether restitutionary damages appropriate — Contract – Remedies – claims for interest – General rule and exception – Plaintiffs' unwarranted and unexplained delay – Interest – Whether interest should run from date of writ or accrual of loss — Contract – Discharge – Whether defendant a party to oral agreement — Limitation of Actions – When time begins to run – Breach of contract – Whether claim time-barred – s 6(1) Limitation Act (Cap 163, 1996 Rev Ed) — Trusts – Constructive trusts – Commercial financing arrangement – Provision of bank guarantee to procure overdraft facilities – Whether funds from overdraft facilities held on trust for guarantor – Whether fiduciary relationship exists between parties


Civil Procedure – Appeals – Notice – Amendment – Whether application to amend notice of appeal should be allowed – O 55C Rules of Court


Criminal Procedure and Sentencing – Identification parade – Breach of procedural requirements of identification parade – Whether identification evidence inadmissible – Whether weight of identification evidence affected — Criminal Procedure and Sentencing – Impeachment – Inconsistencies between court testimony and earlier police statements – Whether impeachment should be based on inconsistencies — Evidence – Witnesses – Failure to call unavailable witness – Whether adverse inference can be drawn — Evidence – Admissibility of evidence – Weight of evidence – Breach of procedural requirements of identification parade – Whether identification evidence not inadmissible – Weight of identification evidence affected — Evidence – Witnesses – Impeachment – Inconsistencies between court testimony and earlier police statements – Whether impeachment should be based on inconsistencies — Immigration – Harbouring – immigration offenders – Meaning of "harbour" – Whether leasing of premises to immigration offenders constituted harbouring — Immigration – Harbouring – immigration offenders – Whether presumption of mens rea rebutted – s 57(7) Immigration Act (Cap 133, 1997 Rev Ed) — Immigration – Harbouring – immigration offenders – Whether vicarious criminal liability can be imposed for unknown illegal sub-tenants


Criminal Law – Petition for revision – Setting aside conviction procured on basis of false identity – Section 23 Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) – Sections 266(1) and 268(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed)


High Court — Originating Summons No 740 of 2015 (Summons No 4242 of 2015 — Registrar’s Appeal No 279 of 2015) and Originating Summons No 870 of 2015


Family Law – Divorce – Division of matrimonial assets – Gift of shares received prior to marriage – Original shares exchanged for new shares following amalgamations -Whether new shares part of matrimonial assets — Family Law – Divorce – Division of matrimonial home – Value of wife's share in matrimonial home – Whether husband can object to use of valuation report by district court in appeal to Court of Appeal — Family Law – Divorce – Maintenance – Whether lump sum maintenance order appropriate


Legal Profession – Admission – Ad hoc admission of Queen's Counsel – Three-stage test for admission – Whether issues in suit sufficiently complex to warrant admission of Queen's Counsel – s 21(1) Legal Profession Act (Cap 161, 2001 Ed)


Family Law – Matrimonial assets – Division – Direct and indirect contribution towards purchase of matrimonial home – Marriage lasting 18 years with two children – Division of 60-40 in wife's favour – Whether fair and reasonable — Family Law – Matrimonial assets – Division – Duty to maintain matrimonial home – Wife paying money paid towards maintenance and upkeep of matrimonial home – Whether taken as direct or indirect contribution – Whether fact that wife has sole occupation of matrimonial home during period separation affects duty to maintain — Family Law – Matrimonial assets – Division – Division – Agreement to maintain income in separate bank accounts – Reason for parties doing so – Whether separation of accounts alters nature of income earned during marriage as matrimonial asset – Agreement in contemplation of divorce – Women's Charter (Cap 353, 1997 Ed)


Conflict of Laws – Foreign judgments – Enforcement – Allegation that foreign judgment obtained by fraud – Principles governing foreign judgments – Approach of local court – Whether foreign judgment challengeable on ground of fraud where allegation of fraud already adjudicated upon by foreign court – Whether fresh evidence of fraud required – Whether fresh evidence of fraud exists – Whether evidence makes a difference to verdict admitted in foreign court


Companies – Directors – Duties – Whether in breach of fiduciary duties as directors for wrongfully causing closing down of plaintiff's business and wrongful diversion of business – Whether conspiracy or dishonest assistance given by other defendants. — Companies – Directors – Duties – Whether in breach of fiduciary duties as directors for paying to themselves remuneration without the approval of shareholders. — Companies – Directors – Duties – Whether misappropriated and misapplied company money. — Trade Marks and Trade Names – Infringement – Whether 'Apollo' trademark infringed by importing and selling Apollo products. — Trade Marks and Trade Names – Passing off – Whether passed off such products as goods of or connected or associated with the plaintiff.


Family Law – Grounds for divorce – Adultery – Costs against co-respondent – Whether costs incurred by private investigators reasonable — Family Law – Grounds for divorce – Adultery – Costs against co-respondent – Wife willing party to adultery – Proportion of costs of private investigators payable by co-respondent


Immigration – Employment – Foreign worker – Work permit stipulating employment as 'Waiter/Waitress Supervisor' – Whether employers in breach of condition by employing worker as stall supervisor – Whether term 'waiter' ambiguous – Whether dictionary meaning appropriate – Whether strict construction rule applicable – Whether conviction acceptable as Ministry of Manpower contributed to confusion — Statutory Interpretation – Construction of statute – Whether strict construction rule for penal statutes applicable to executive orders and conditions – Proper approach to construction of penal provisions


Criminal Law – Offences – Causing death by negligent act – Collision at sea – Vessels on reciprocal courses – Appellants altered to port instead of starboard – Whether vessels approaching each other so as to involve risk of collision – Breach of Rule 14(a) International Regulations for Preventing Collisions at Sea 1972 — Criminal Law – Offences – Causing death by negligent act – Standard of care expected of trainee – Whether same standard as qualified person – Section 304A Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Causing death by negligent act – Test for causation – Whether appellants' negligence contributed significantly or substantially to collision – Whether contributory negligence of other vessel broke chain of causation – Section 304A Penal Code (Cap 224, 1985 Rev Ed)


Companies – Directors – Duties – Directors of company having interest in another company – Whether directors breached fiduciary duties to first company and ss 162 and 163 of Companies Act by causing it to advance moneys to other company such that first company suffered loss as result – Whether loan within meaning of ss 162 and 163 of Companies Act extending beyond loans in conventional sense – Sections 157, 162, 163 Companies Act (Cap 50, 1994 Rev Ed) — Contract – Contractual terms – Conditions – Whether other company's failure to fulfil conditions precedent under agreement with first company amounting to total failure of consideration – Whether first company entitled to refund of moneys advanced to other company


Trusts – Resulting trusts – Presumed resulting trusts


Restitution – Unjust enrichment – Money paid under mistake of law – Recovery of moneys so paid – Principles governing recovery – Whether statutory nature of payment precludes recovery – Whether mistake relates to formation of pre-existing contract or mistaken payment simpliciter – Whether there was any operative mistake existing in the circumstances of case – s 28 Telecommunication Authority of Singapore Act (Cap 323, 1993 Ed) — Restitution – Unjust enrichment – Money paid under mistake of law – Recovery of moneys paid under mistake of law – Defences – Compromise – Assumption of risk – Estoppel – Change of position


Contract – Illegality and public policy – Contract for sale of company's shares – Inacurracies in company's prospectus due to directors and shareholders holding greater interests than that disclosed – Whether contract tainted by illegality and incapable of enforcement by seller — Contract – Privity of contract – Contract for sale of shares – Undated contract between plaintiff as vendor and fourth defendant as agent for first, second and third defendants – Whether first, second and third defendants were parties to contract — Contract – Remedies – Specific performance – Contract for sale of shares in company undergoing public listing – Whether specific performance an appropriate remedy — Contract – Remedies – Damages – Plea for specific performance – Failure to plea assessment of damages should specific performance be refused – Whether court would order assessment of damages


Civil Procedure – Injunctions – Application for interim injunction to be made permanent – Interim injunction granted to restrain defendants from use and disclosure of confidential documents and information – Whether damages sufficient to grant relief – Whether permanent injunctive relief justified — Civil Procedure – Pleadings – Damages – Inquiry for assesment of damages caused by breach of confidence and/or conversion of property – Plaintiffs pleading loss of custom and business profits as general damages – Whether plaintiffs required to plead loss of custom and business profit as special damages before inquiry can be ordered — Civil Procedure – Pleadings – Date for close of pleadings – Single action involving multiple parties – Whether pleadings closed as against each defendant on same date – Order 14 r 14, O 18 r 20, O 25 r 1 Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Tort – Confidence – Defendants obtaining confidential information from rubbish that plaintiffs placed out for collection – Whether plaintiffs thereby abandoning documents and precluded from asserting property rights in such documents — Tort – Confidence – Elements to be satisfied to succeed in action for breach in non-contract cases – Whether breach of confidence existing


Companies – Memorandum and articles of association – Whether article providing for increase in share capital referred only to authorised share capital – Whether abolition of authorised share capital rendered said article otiose — Statutory Interpretation – Construction of statute – Interpretation of provisions in Schedule to an Act – Whether provision in Schedule could circumscribe provision in main Act


Arbitration – Agreement – Scope – Whether parties had agreed to arbitrate disputes over insurer's maximum liability under insurance policy — Arbitration – Arbitral tribunal – Jurisdiction – Whether arbitral tribunal exceeded jurisdiction in awarding costs of preliminary hearing to one party where arbitration agreement prescribed that expense of appraisal should be borne by parties equally — Arbitration – Arbitral tribunal – Jurisdiction – Whether arbitral tribunal had jurisdiction over dispute between parties — Arbitration – Award – Interim award – Ancillary orders made by arbitral tribunal in interim award – Whether court has power under art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration to set aside such ancillary orders


Criminal Procedure and Sentencing – Charge – Outstanding offences – Five stood down charges taken into consideration in sentencing – Accused admitted to charges and consented to take them into consideration in sentencing – Entry on record made pursuant to Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 178(2). — Criminal Procedure and Sentencing – Sentencing – Forms of punishment – Principles – Accused convicted on charge of culpable homicide not amounting to murder – Prescribed custodial sentence is either life imprisonment or imprisonment for a term which may extend to ten years – Whether accused to be sentenced to life imprisonment or prison term of ten years – Nature of offence taken into consideration in sentencing accused – Section 304(a) Penal Code (Cap 224, 1985 Rev Ed).


[Companies — Schemes of arrangement — Trustee-manager of business trust seeking moratorium for intended scheme of arrangement — Whether trustee-manager may propose scheme of arrangement in respect of debts incurred in capacity as trustee-manager — Whether requirements for grant of moratorium satisfied — Terms of moratorium order — Section 64 Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)]


Insolvency Law – Bankruptcy – Petition – Petitioning creditors both directors and shareholders of company – Debtor funding action by liquidator of company against petitioning creditors – Debtor also creditor of company – Whether exceptional circumstances warranting stay of bankruptcy proceedings existing


Tort – Defamation – Libel – Natural and ordinary meaning – Innuendos meaning – Applicable principles – Whether words and graphics of article defamatory in their natural and ordinary meaning – Whether words and graphics of article defamatory in their innuendos


Civil Procedure – Appeals – Notice – Application to amend Notice of Appeal – Whether court obliged to allow amendment if opposing party may be compensated with costs – Factors to be considered by court when deciding whether application should be allowed


Civil Procedure – Service – Whether proper case to grant leave for service out of jurisdiction – Whether substantial relief sought by way of injunction – Whether plaintiffs had a good arguable case – Whether serious issues to be tried – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 11 rr 1(b), (d), (r) — Conflict of Laws – Choice of jurisdiction – Appropriate forum – Whether Singapore courts most appropriate forum for deciding rights under Performance Bond and Advance Payment Guarantees


Debt and Recovery – Priority – Whether judgment creditor's writ of seizure and sale against mortgaged property creating security interest having priority over mortgagee's power of sale of mortgaged property where such power of sale arising after judgment creditor's writ of seizure and sale against mortgaged property registered – Sections 73, 135 Land Titles Act (Cap 157, 2004 Rev Ed)


Evidence – Admissibility of evidence – Opinion and belief – DNA report containing results of paternity test tendered as proof petitioner not father of children – DNA report not tendered by way of affidavit from maker of report – Whether DNA report wrongly admitted into evidence – Section 47(1) Evidence Act (Cap 97, 1997 Rev Ed) — Evidence – Proof of evidence – Presumptions – DNA report containing results of paternity test tendered as proof petitioner not father of children – DNA report conflicting with presumption of paternity under s 114 Evidence Act – Whether DNA report overriding presumption of paternity – Section 114 Evidence Act (Cap 97, 1997 Rev Ed) — Family Law – Custody – Care and control – District court ordering respondent to have custody, care and control of children with no access to petitioner after respondent disclosed petitioner not father of children – Whether each child considered "child of the marriage" – Whether court having jurisdiction and power to determine question of custody – Section 92 Women's Charter (Cap 353, 1997 Rev Ed)


Courts and Jurisdiction – Jurisdiction – Appellate – Whether Court of Appeal having jurisdiction to hear appeal against High Court's dismissal of criminal motion for extension of time to file notice and petition of appeal from magistrate's court


Trusts – Trustees – Law Society trustees of Compensation Fund under Legal Profession Act – Law Society borrowing money – Application by Law Society to use Fund to settle loan – Whether loan taken for purposes of Fund – Whether to grant application – s 75(9)(d) Legal Profession Act (Cap 161, 2000 Ed) — Trusts – Trustees – Definition – No express trust – Whether Law Society trustees by implication of law – Whether Law Society can apply under Trustees Act for court sanction of proposed scheme – Whether proposed scheme an 'investment' or 'other transaction' – Whether proposed scheme 'expedient' – Whether conferment of power on court or trustees – Whether statutory prohibition against Law Society proposing scheme – s 75(5) Legal Profession Act (Cap 161, 2000 Ed) , ss 3 & 56(1) Trustees Act (Cap 337, 1999 Ed) — Words and Phrases – 'moneys borrowed'- s 75(9)(d) Legal Profession Act (Cap 161, 2000 Ed) – 'expedient' – s 56(1) Trustees Act (Cap 337, 1999 Ed)


Civil Procedure – Appeals – Leave to appeal – Whether leave of court required for appeals in respect of matrimonial matters under Pt X of Women's Charter (Cap 353, 1997 Ed) – s 21 Supreme Court of Judicature Act (Cap 322, 1999 ED) – Women's Charter (Cap 353) Pt X


Legal Profession – Show cause action – Grossly improper conduct in discharge of professional duties – Consensual sexual relations with client during existence of solicitor-client relationship – Whether conduct amounting to grossly improper conduct – Appropriate sanction – s 83(1) & 83(2)(b)Legal Profession Act (Cap 161, 1997 Ed)


Civil Procedure – Stay of proceedings – Whether arbitration proceedings should be stayed — Equity – Estoppel – Estoppel by representation – Prerequisites – Whether contractor's conduct and letter constituted operative representations – Whether subcontractor relied on contractor's representations – Whether subcontractor suffered detriment in reliance on contractor's representations


[Banking] — [Relationship Manager] — [Investments] — [Fiduciary Duties] — [Tort of Deceit] — [Trust]


Companies – Winding up – Payments made by company to defendant two years before winding up – Defendant ex-employee of company and married to niece of company director – Whether defendant "associate" of company at time payments made – Whether payments constituting undue preference recoverable by company liquidators upon winding-up of company – Sections 98, 99, 100 Bankruptcy Act (Cap 20, 2000 Rev Ed), s 329(1) Companies Act (Cap 50, 1994 Rev Ed)


Criminal Law – Offences – Property – Theft – Sentencing considerations applicable to kleptomaniacs — Criminal Procedure and Sentencing – Sentencing – Mentally disordered offenders – Sentencing considerations applicable to kleptomaniacs


Civil Procedure – Pleadings – Amendment – Whether leave to amend pleadings should be granted after conclusion of trial — Trusts – Express trusts – Certainties – Certainty of intention – Certainty of subject matter – Certainty of objects of trust – Whether all three certainties present for creation of alleged trust


Arbitration – Stay of court proceedings – Whether parties required to file defence after applying for stay of court proceedings – Whether filing of defence before hearing of application for stay of court proceedings amounting to "step in the proceedings" – Other options available not amounting to "step in the proceedings" — Civil Procedure – Stay of proceedings – Majority of parties not party to agreement containing arbitration clause – Whether granting of stay of proceedings and compelling of all parties to arbitrate disputes possible — Civil Procedure – Stay of proceedings – Party to agreement serving 48-hour notice requiring other parties to file defence after other parties applied for stay of proceedings – Whether other parties required to file defence before hearing of stay of proceedings application


Admiralty and Shipping – Carriage of goods by sea – General average – York Antwerp Rules – Whether shipowner entitled to general average contribution when failed to meet obligation under common law to provide seaworthy vessel – Whether exclusion clause in bill of lading sufficient to exclude shipowner's liability in failing to provide seaworthy vessel — Admiralty and Shipping – Carriage of goods by sea – Limitation of liabilities – Seaworthiness – Exclusion clause – Whether exclusion clause in bill of lading sufficient to exclude shipowner's liability in providing seaworthy vessel — Words and Phrases – "Howsoever arising" – "Howsoever caused" – Whether use of these phrases in bill of lading sufficient to exclude shipowner's obligation to provide seaworthy vessel at common law


Damages – Measure of damages – Personal injuries cases – Correct basis for calculation of pre-trial earnings — Damages – Measure of damages – Personal injuries cases – Whether loss of future earnings approach or loss of earning capacity approach


Evidence – Admissibility of evidence – Hearsay – Whether hearsay statement admissible as being statement made against own interest – Sections 17, 21(1), 32(c) Evidence Act (Cap 97, 1997 Rev Ed) — Insolvency Law – Avoidance of transactions – Transactions at an undervalue – Whether insolvent party must have intended to deal with counter party – Whether transaction at an undervalue – Section 98 Bankruptcy Act (Cap 20, 2000 Rev Ed)


Banking – Letters of credit – Back-to-back credits – Whether letters of credit act as back-to-back credits – Conformity of documents with terms in letter of credit – Whether documents discrepant – Refusal of payment by issuing bank on account of discrepancies in documents – Whether issuing bank can refuse payment under the letter of credit – Whether issuing bank can set-off third party's debts against payment due to beneficiary under letter of credit


Criminal Procedure and Sentencing – Sentencing – Principles – Husband kicking wife upon discovering she was lying to him – Whether motive for offence relevant for sentencing under s 304 (a) Penal Code, Cap 224.


Contract – Discharge – Frustration – Debtor and guarantor claiming frustration of contract – Whether situation fundamentally different from that existing when contract made


Criminal Law – Statutory offences – Prevention of Corruption Act – Use of false documents with intent to deceive principal – Whether appellant knowing documents false – Whether appellant having intent to deceive – Whether offence requiring actual deception – Section 6(c) Prevention of Corruption Act (Cap 241, 1993 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Appeals – Use of false documents with intent to deceive principal – Whether trial judge should have considered appellant's prior military conviction and punishment when sentencing appellant – Whether sentence of two months' imprisonment on each of ten charges manifestly excessive – Section 108(2) Singapore Armed Forces Act (Cap 295, 2000 Rev Ed) — Words and Phrases – Meaning of "use" and "other document" – Section 6(c) Prevention of Corruption Act (Cap 241, 1993 Rev Ed)


Family Law – Matrimonial assets – Division – Wife having more success in career than husband and having acquired substantially more assets – What constituting fair and equitable distribution of matrimonial assets between parties


Criminal Law – Abetment – Making false statutory declarations – Making false statements to Transplant Ethics Committee – Section 14(1)(a)(ii) Oaths and Declarations Act (Cap 211, 2001 Rev Ed) – Section 109 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Illegal organ supply – Sections 14(1) and 14(2) Human Organ Transplant Act (Cap 131A, 2005 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Appeals


Building and Construction Law – Terms – Certificates and approvals – Architect issuing interim certificate five years after completion of works – Whether waiver of strict compliance covering such circumstances — Building and Construction Law – Terms – Certificates and approvals – Validity of certificate of payment – Architect's power to issue and withdraw certificate of payment


Trade Marks and Trade Names – Grounds for refusal of registration – Bad faith – Whether similarity between opposed mark and earlier mark should lead to finding of bad faith – Section 7(6) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Connection, confusion and damage to interests – Whether use of opposed mark in relation to goods or services for which registration was sought would indicate connection between those goods or services and proprietor of earlier mark – Section 8(3) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Passing off – Whether close resemblance between opposed mark and earlier mark – Section 8(4) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Similarity of goods and likelihood of confusion – Whether use of opposed mark was registered for goods or services identical with or similar to those for which earlier mark was protected – Whether there would be likelihood of confusion on part of public – Section 8(2) Trade Marks Act (Cap 332, 1999 Rev Ed)


Civil Procedure – Stay of proceedings – Choice of jurisdiction – Plaintiff bringing action in breach of exclusive jurisdiction clause – Defendant applying for stay of proceedings in favour of contractual forum – Whether court should refuse to order stay of proceedings – Factors to be considered — Conflict of Laws – Choice of jurisdiction – Exclusive – Stay of proceedings – Clause providing that "Any claims that may arise hereunder must be made at the port of delivery for determination and settlement at that port only" – Whether clause an exclusive jurisdiction clause – Whether court should refuse to order stay of proceedings


Family Law – Advancement – Presumption – Father and adult son holding bank accounts jointly – Whether presumption of advancement applying such that money in joint bank accounts amounting to gift from father to son upon father dying intestate – Whether presumption of advancement rebutted — Trusts – Resulting trusts – Father and adult son holding bank accounts jointly – Money in joint bank accounts provided entirely by father – Whether money vesting in son or in father's estate upon father's death – Whether son holding joint bank accounts on resulting trust for father's estate


Civil Procedure – Costs – Security – Whether condition to grant security for costs satisfied – Relevant factors considered by court in exercising discretion to award security for costs – Policy behind security for costs – Section 388 Companies Act (Cap 50, 2006 Rev Ed)


Civil Procedure – Summary judgment – Whether defendant bound by four corners of defence — Partnership – Partners and third parties – Firm liable for acts of partner – Partner of firm absconding with money received by firm but intended for another party – Whether money was received in course of firm's business under s 11(b) Partnership Act (Cap 391, 1994 Rev Ed) – Whether other partners liable to make good loss of money


Civil Procedure – Pleadings – Amending statement of claim – whether amendment should be allowed — Trusts – Constructive trusts – Remedies – Claim for restitution on constructive trust – Whether claim frivolous, vexatious or abuse of process of court


Contract – Breach – Defendants alleging oral agreements varying written agreement – Whether defendants in repudiatory breach of consultancy agreement — Contract – Formation – Whether parties had intention to enter into binding oral contracts – Whether parties had intention to create compromise agreement – Applicable test of intention


Conflict of Laws – Foreign judgments – Enforcement – Plaintiffs obtaining judgment against defendants in Republic of China – Plaintiffs applying to enforce judgment in Singapore – Defendants alleging foreign judgment based on illegal agreement – Defendants not raising illegality issue before ROC court – Whether defendants can raise issue before Singapore court – Application by defendants to strike out on basis of illegality – Whether to allow application — Contract – Illegality and public policy – Whether contract in breach of regulation or law necessarily void or unenforceable


Civil Procedure – Pleadings – Striking out – Allegation of fraudulent misrepresentation – Alternative plea of innocent misrepresentation – Whether sufficient particulars of fraud set out – Whether alternative plea of innocent misrepresentation applicable to pleading of fraud – s 2(1) Misrepresentation Act (Cap 390) — Civil Procedure – Striking out – Whether claim frivolous or vexatious – Whether claim intrinsically weak hopeless case


[Legal Profession — Professional conduct — Due cause of sufficient gravity for advocate and solicitor to be liable to punishment — Sentencing principles — Circumstances in which order for advocate and solicitor to be struck off the roll is the presumptive penalty — Section 83(1)(a) Legal Profession Act (Cap 161, 2009 Rev Ed)]


Courts and Jurisdiction – Court judgments – Declaratory – Whether inordinate delay in seeking declaration may deprive claimant of declaratory judgment.


Building and Construction Law – Building and construction contracts – Lump sum contract – Contract formed by exchange of correspondence – Description of contract sum inconsistent – Method of calculation set out in appendix to plaintiff's letter to defendant – Whether parties entered into lump sum contract — Contract – Construction of contract – Contract formed by exchange of correspondence – Whether plaintiff's letter to defendant formed part of contract – Whether circumstances surrounding parties' agreement indicated what their intentions were — Equity – Estoppel – Estoppel by convention – Defendant made numerous payments to plaintiff according to method of computation set out in appendix to plaintiff's letter to defendant – Whether defendant estopped from asserting that parties entered into lump sum contract


Trade Marks and Trade Names – Partial revocation – Whether classification unduly wide – Trade Marks Act (Cap 332, 1992 Ed) s 22(7) — Trade Marks and Trade Names – Revocation – Distinctive character – Trade Marks Act (Cap 332, 1992 Ed) s 22(2) — Trade Marks and Trade Names – Revocation – Whether use of variants of trade mark constitutes genuine use for five years – Trade Marks Act (Cap 332, 1992 Ed) s 22(1)(a)


Contract – Assignment – Requirements for legal and equitable assignment – Section 4(8) Civil Law Act (Cap 43, 1999 Rev Ed)


Criminal Law – Complicity – Common intention – Accused charged with culpable homicide amounting to murder – Co-accused not causing injury causing death – Whether co-accused implicated in murder through common intention to kill — Criminal Law – Offences – Murder – Accused charged with culpable homicide amounting to murder – Whether accused intending to cause fatal injury – Whether injury caused by accident – Meaning of "bodily injury" in s 300(c) Penal Code – Section 300(c) Penal Code(Cap 224, 1985 Rev Ed)


Tort – Negligence – Damages – Pure economic loss – Whether pure economic loss recoverable in Singapore – Whether different test applying in relation to pure economic loss to determine duty of care – Single test to apply notwithstanding damage claimed as pure economic loss — Tort – Negligence – Duty of care – Applicable test to determine existence of duty of care – Relationship between two-stage test and incremental approach – Application of two-stage test comprising first proximity and second policy considerations with threshold consideration of factual foreseeability – Incremental approach as methodological aid in applying specific criterion of two-stage test — Tort – Negligence – Duty of care – Applicable test to determine existence of duty of care – Whether type of damage claimed should result in different test – Application of single (two-stage) test irrespective of type of damage claimed — Tort – Negligence – Duty of care – Whether there was proximity between contractor and certifier given that contractor could submit disputes for arbitration – Whether there was proximity between contractor and certifier given no direct contractual relationship between contractor and certifier – Whether policy considerations negating finding of duty of care


Contempt of Court – Civil contempt – Mareva injunction ordered by Singapore court in regard of foreign arbitral award – Condition of order of court that certain information to be furnished by appellant to first respondent for specific purpose only – Condition of order of court imposing on respondent implied undertaking not to use information for collateral purpose – Whether breach of such undertaking amounting to breach of court order and contempt of court — Contempt of Court – Civil contempt – Mareva injunction ordered by Singapore court in regard of foreign arbitral award – Order of court expressing that purpose of injunction not to prevent appellant from disposing of assets in ordinary course of business – Whether initiation of garnishee proceedings by first respondent thwarting operation of injunction amounts to contempt of court — Contempt of Court – Civil contempt – Whether third parties may be liable for aiding and abetting contempt of court – Applicable principles


Criminal Law – Offences – Documents – Falsification of accounts – s 477A Penal Code (Cap 224) — Criminal Procedure and Sentencing – Appeal – Adducing fresh evidence – When additional evidence may be adduced – Threefold test – s 257(1) Criminal Procedure Code (Cap 68) — Criminal Procedure and Sentencing – Sentencing – Principles – Falsification of documents – Applicable principles when determining appropriate sentence — Evidence – Principles – Expert evidence – Purpose of admitting expert evidence – Whether opinion of expert necessary in present case


Insolvency Law – Bankruptcy – Discharge – Whether bankruptcy order ought to be discharged – Section 124 Bankruptcy Act (Cap 20, 2000 Rev Ed)


Criminal Procedure and Sentencing – Appeal – Finding of fact by trial judge – Challenge to reliability and veracity of witnesses' testimony – Approach to be adopted by appellate court — Evidence – Proof of evidence – Onus of proof – Defence alleging that complainant had motive to falsely implicate accused – When burden of proof to show lack of such motive shifts to Prosecution — Evidence – Witnesses – Corroboration – Post-incident distress – Approach to be adopted by courts – Exceptions to general approach — Evidence – Witnesses – Corroboration – Sexual offence – Approach to be adopted by the courts – Examination of substance and relevance of evidence – Whether necessary for judge to expressly warn himself of danger of convicting on uncorroborated evidence of complainant


Criminal Procedure and Sentencing – Deterrence – General and specific – When to apply – Whether court should explain reason for applying deterrence as sentencing consideration – Whether stock phrases to be avoided — Criminal Procedure and Sentencing – Due process – Whether court should employ extreme caution in relying on sentencing considerations not tested in argument — Criminal Procedure and Sentencing – Mitigation – Appeal against sentences for theft and criminal intimidation on ground sentences manifestly excessive – Weight to be accorded to plea of guilt and restitution when deciding on appropriate sentences — Criminal Procedure and Sentencing – Restitution – Whether restoration of status quo may be sentencing consideration — Criminal Procedure and Sentencing – Sentencing – Appeals – Appeal against sentences for theft and criminal intimidation on ground sentences manifestly excessive – Whether criminal antecedent for gaming in common gaming house relevant consideration in sentencing – Whether group offence aggravating factor suggesting act of organised violence – Whether offence taking place in public place an aggravating factor – Whether deterrent sentence warranted


Civil Procedure – Pleadings – Striking out – Application to strike out statement of claim and reply – Whether paragraphs to be struck out scandalous and designed to embarrass – Order 18 Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Probate and Administration – Grant of letters of administration – Whether assignment of beneficial interest valid – Whether Section 7(2) of the Civil Law Act had been complied with – Whether renunciation in accordance with ss 3, 4 of the Probate and Administration Act (Cap 251, 2000 Rev Ed) -Section 7(2) Civil Law Act (Cap 43, 1999 Rev Ed)


Tort – Passing off – Goodwill – Whether plaintiffs have goodwill in brand name and names of items of furniture — Tort – Passing off – Requirements to establish an action in passing off – Whether exclusivity in trade name or monopoly of design a requirement


Criminal Procedure and Sentencing – Mitigation – Whether defence bearing burden of proving any facts relied upon in mitigation on balance of probabilities — Criminal Procedure and Sentencing – Sentencing – Mentally disordered offenders – Whether Hodgson criteria appropriate in Singapore to determine when life imprisonment justified – Whether Hodgson criteria cumulative — Criminal Procedure and Sentencing – Sentencing – Statement of facts referring to psychiatric reports containing statements made by accused to psychiatrists – Whether judge entitled to treat such statements as fact — Criminal Procedure and Sentencing – Sentencing – Wife abetting young lover to kill her husband – Wife suffering from depression caused by husband's abuse – Whether nine years' imprisonment appropriate sentence


Criminal Procedure and Sentencing – Mitigation – Whether judge must consider all mitigating factors not pleaded by accused or appellant — Criminal Procedure and Sentencing – Sentencing – Principles – Offence of cheating where amount involved large – Whether custodial sentence necessary – When fine appropriate — Criminal Procedure and Sentencing – Sentencing – Principles – Offences involving misuse of Internet – Factors to be considered when imposing sentence


Companies – Memorandum and articles of association – Articles of association amended – Minute of directors' meeting stipulating effective date of amendments – Stipulation not evident on face of amendments – When amendments to articles of association taking effect


Criminal Procedure and Sentencing – Sentencing – Appellant employing immigration offender – Imposition of benchmark sentence of 12 months' imprisonment – Mitigating factors – Appellant of advanced age – Short period of employment of immigration offender – First offender – Financial hardship to appellant's family – Ill health – Need to balance mitigating factors against other factors – Whether sentence manifestly excessive – s 57(1)(e) Immigration Act (Cap 133, 1997 Ed)


Family Law – Divorce matrimonial assets – Division – Whether to factor husband's obligation to pay maintenance in determining apportionment of matrimonial assets – Need to consider husband's personal circumstances when making orders for division – Quantification of value of matrimonial assets besides matrimonial flat – Whether appropriate for court to estimate value of such assets and require husband to pay wife her share in cash


Companies – Directors – Nominee director bound by knowledge of person for whom he acts — Companies – Directors – Powers – Director authorised to sign loan document in absence of formal resolution – Whether board of directors' informal acquiescence sufficient to vest authority in director to accept loan agreement on behalf of company — Contract – Formalities – Existence of agreement – Whether parties aware of loan agreement — Contract – Formalities – Whether loan agreement binding on defendant company


Civil Procedure – Judgments and orders – Default judgment – Plaintiff obtaining judgment against first and second defendants in default of appearance and in default of defence respectively – Whether judgments should be set aside – Whether judgment against second defendant regularly obtained – Whether first and second defendants' defence having real prospect of success — Civil Procedure – Stay of proceedings – Defendants applying for stay of proceedings brought by plaintiff – Defendants alleging that Malaysia the natural forum – Whether documents giving rise to dispute governed by exclusive jurisdiction clause – Whether sufficient grounds for granting stay shown


Criminal Law – Statutory offences – Road Traffic Act (Cap 276) – Statutory provision creating an offence – Requirement of mens rea – Legal presumption that mens rea necessary – Circumstances where presumption can be displaced – Relevance of severity of penal sanction in determining whether provision creates strict liability offence — Criminal Procedure and Sentencing – Sentencing – Whether sentence manifestly excessive – Whether to take into account fact of appellant claiming trial instead of pleading guilty – Disqualification order – Whether mandatory sentence of disqualification from holding all classes of driving licences applicable to charge of 'causing' unlawful user – s 79(4) Road Traffic Act (Cap 276, 1997 Ed) — Road Traffic – Offences – Causing heavy motor vehicle exceeding four metres in overall height to be driven without requisite permit – Whether offence of 'causing' unlawful user one of strict liability – Whether appellant causes vehicle to be driven – Whether actus reus of offence proven – Whether appellant exercising reasonable care – s 79(1) Road Traffic Act (Cap 276, 1997 Ed)


Civil Procedure – Appeals – Appeal against findings of fact by trial judge – Whether findings of trial judge were plainly wrong — Civil Procedure – Pleadings – Whether re-re-amended statement of claim included particular allegation of the defendant's breaches of duty — Tort – Misrepresentation – Whether any loss occasioned by alleged misrepresentation.


Employment Law – Commissioner for labour – Jurisdiction – Whether Commissioner for Labour having power to inquire into complaints of non-workmen employees receiving salaries exceeding $1,600 – Section 115 Employment Act (Cap 91, 1996 Rev Ed) — Employment Law – Contract of service – Termination without notice – Whether accountant employee as defined in Employment Act (Cap 91, 1996 Rev Ed) – Whether notice period during probation same as that after confirmation


Provident Fund – Contributions – Failure to contribute to employees' Central Provident Fund accounts in respect of ex gratia meal allowances – Definition of remuneration – Whether such allowances amount to 'wages' – ss 2 & 58(b) Central Provident Fund Act (Cap 36, 1999 Ed) — Words and Phrases – 'Remuneration' – 'Wages' – 'Granted' – s 2 Central Provident Fund Act (Cap 36, 1999 Ed)


Land – Sale of land – Sale by mortgagee in possession – Whether permissible to use forced sale valuation of mortgaged property as theoretical estimate of property's value under mortgagee sale – Distinction between sale by mortgagee and sale by owner – Whether sale price conclusive of property's true market value – Whether experts' valuations admissible in the absence of fault by mortgagee — Land – Sale of land – Sale by mortgagee in possession – Appropriate focus in assessing whether mortgagee in breach of duty – Whether reasonable steps taken by mortgagee to sell property – Whether fair to expect mortgagee to get price that meets experts' valuation — Land – Sale of land – Sale by mortgagee in possession – Duty of mortgagee when exercising power of sale – Realising true market value of property — Land – Sale of land – Sale by mortgagee in possession – Whether mortgagee under obligation to account for notional rent – Circumstances under which mortgagee liable to account for such rent — Land – Sale of land – Sale by mortgagee in possession – Duty of mortgagee when exercising power of sale – Efforts to sell property – Duty to maintain property – Duty to advertise sale adequately – Duty to choose appropriate method of sale – Duty to put potential buyers in competition with each other – Whether reasonable steps taken by defendants to get true market value of property


Companies – Directors – Duties – Breach of fiduciary duties – Whether director breached fiduciary duties by failing to disclose personal interest in transactions of company – s 156(1) Companies Act (Cap 50, 1994 Rev Ed) — Companies – Directors – Liabilities – Whether director liable to account for unauthorised profits made as a result of failure to disclose personal interest in transactions of company – Whether director liable to compensate company in damages


Companies – Receiver and manager – Appointment – Schemes of arrangement – Whether appointment of receiver and manager necessary for making of informed decision on proposed scheme of arrangement