Conflict of Laws – Natural forum – Appellant signing contracts to work on board ship – Appellant injured on ship – Appellant initiating proceedings in Singapore against respondent shipowner and employer – Whether stay of action should be granted on ground of forum non conveniens – Factors considered by court when determining whether another available forum clearly or distinctly more appropriate existing


Contract – Consideration – Performance of existing duty – Whether good and sufficient consideration provided — Contract – Duress – Economic – Defence in formative stages of development – Threat to break contract – Whether threat amounts to economic duress – Whether plaintiff's declaration amounts to legitimate notice of its inability to perform or an illegitimate threat


Criminal Procedure and Sentencing – Mutual legal assistance – Whether application for bank to produce material relating to account of client should be granted – Whether request had to be exhibited with application – Whether proper request by prescribed foreign country essential part of application – Section 22 Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed)


Legal Profession – Professional conduct – Plaintiff lodging complaint against fellow solicitors with Law Society – Council of Law Society accepting and adopting report of inquiry committee – Plaintiff unhappy with Council's decision – Application by plaintiff for order directing Law Society to apply to Chief Justice for appointment of disciplinary committee – Whether to allow application – Whether complainant may raise points not raised before inquiry committee – s 96 Legal Profession Act (Cap 161, 2000 Ed) — Legal Profession – Professional conduct – Council accepting and adopting report of inquiry committee – Whether Council to give reasons for accepting and adopting report of inquiry committee — Legal Profession – Professional conduct – Role of inquiry committee – Extent to which inquiry committee may investigate complaint — Legal Profession – Professional conduct – Preparation of client's affidavit – Whether counsel under duty to verify truth of client's deposition in affidavit — Legal Profession – Professional conduct – Whether inquiry committee to follow particular procedure – Failure to give plaintiff an oral hearing – Whether inquiry committee acting contrary to rules of natural justice


Civil Procedure – Injunctions – Ex parte application for interlocutory injunction – Deliberate suppression of material facts – Special case for court not to discharge injunction — Civil Procedure – Injunctions – Interlocutory injunction – Ex parte application – Material non-disclosure established – Court's discretion once material non-disclosure established — Civil Procedure – Injunctions – Interlocutory injunction – Discharge and grant of fresh injunction – Factors to consider — Courts and Jurisdiction – Jurisdiction – Inter partes application to discharge ex parte injunction – Whether judge hearing such application sitting in appeal over decision of first judge — Words and Phrases – "Materiality" – "Material facts"


Contract – Formation – Proposed capitalisation exercise involving injection of funds into appellant – Whether agreement that respondent will contribute certain shares to appellant exists – Gleaning Agreement from all relevant facts and surrounding circumstances including admissions by respondent and signing of blank transfer — Contract – Formation – Proposed capitalisation exercise involving injection of funds into appellant – Whether agreement that respondent will contribute certain shares to appellant exists – Documentary evidence – Blank transfer – Objective test of agreement — Equity – Defences – Shares held by appellant on constructive trust – Whether recovery of shares constitutes breach by respondent of agreement made with other parties


Legal Profession – Show cause action – Respondent an advocate and solicitor acting for administrator of estate – Respondent failing to advise other beneficiaries of estate to seek independent legal advice and inform beneficiaries that he was acting solely for administrator of estate – Respondent falsely attesting to having witnessed execution of legal documents – Whether respondent acting for beneficiaries pursuant to implied retainer – Whether respondent's conduct amounting to grossly improper conduct – Whether respondent's conduct amounting to misconduct unbefitting an advocate and solicitor – Whether respondent only in breach of ss 83(2)(b), 83(2)(h) Legal Profession Act if retainer between himself and beneficiaries existing – Appropriate punishment – Sections 83(2)(b), 83(2)(h) Legal Profession Act (Cap 161, 2001 Rev Ed)


Family Law – Matrimonial assets – Division – Parties operating financial system whereby both income and liabilities treated as aggregate and integrated whole – Husband paying mortgage instalments and conservancy charges for property directly from salary – Whether wife making direct financial contributions to purchase price of property — Family Law – Matrimonial assets – Division – Wife being full time civil servant – Wife leaving performance of household chores to domestic help – Wife training, managing and supervising domestic help – Whether wife making indirect contributions to purchase price of property


Family Law – Custody – Supervised access – Maintenance – Maintenance of child – Maintenance of wife – Matrimonial assets – Division


Civil Procedure – Production of documents – Issue of subpoena requiring attendance of accountant to produce documents – Accountant no longer having possession of documents required – Whether subpoena should be set aside — Civil Procedure – Witnesses – Issue of subpoena requiring attendance of accountant as witness at inquiry – Accountant no longer in charge of matter – Whether subpoena should be set aside


Companies – Directors – Removal – Removal of director at extraordinary general meeting – Company seeking court declaration of removal – Whether shareholder properly represented at meeting – Whether removal of director lawful – Whether company coming to equity with clean hands — Companies – Directors – Resolutions – Articles allowing resolution in writing signed by majority of directors to be valid – Majority of directors signing resolution in writing without notice to minority – Whether good faith exists – Whether notice to minority necessary Whether resolution valid


Criminal Law – Criminal intimidation, insult and annoyance – Appellant convicted of criminal intimidation – Whether appellant was person waving chopper and uttering threats – Whether threat directed at victim – Section 506 Penal Code (Cap 224, 1985 Rev Ed) — Evidence – Admissibility of evidence – Similar fact evidence and character evidence – Whether trial judge erred in admitting certain evidence — Evidence – Principles – Identification evidence – Whether supporting evidence had to be visual as opposed to vocal — Evidence – Weight of evidence – Whether trial judge justified in relying on evidence given by certain witnesses – Whether trial judge misdirected herself with respect to proper inference to be drawn from evidence


Contract – Contractual terms – Rules of construction – Whether cause of action could arise from "without prejudice" negotiations between solicitors on behalf of clients — Contract – Formation – Whether parties intended to agree on liability and damages together or separately – Whether agreement on liability and/or quantum reached — Tort – Negligence – Damages – Whether plaintiff could pursue assessment of damages as contract claim based on agreement as to liability after tort action became time-barred


Insolvency Law – Bankruptcy – Jurisdiction – Whether r 102(2) Bankruptcy Rules operating as time frame within which to make application for leave to amend petition – Whether injustice to debtor caused if amendment allowed – Rules 102(2), 104 Bankruptcy Rules (Cap 20, R 1, 2002 Rev Ed), s 60 Bankruptcy Act (Cap 20, 2000 Rev Ed)


Copyright – Whether proprietor having copyright – Onus of proof on proprietor – Failure of proprietor to prove claim – Third party never claiming to be owner of copyright – Alleged infringer's declaration granted in part — Trade Marks and Trade Names – Revocation – Whether mark becoming common name in trade for which it was registered due to acts or inactivity of proprietor – Whether there was non-use or suspension of use of mark for period of five years – Invalidity – Whether mark was customary to cordyceps – Whether mark was capable of distinguishing – Whether application for registration made in bad faith – Whether proprietor obtaining registration of mark through fraud and/or misrepresentation – Whether court having discretion not to revoke or invalidate mark if grounds under ss 22(1) or 23(1) Trade Marks Act (Cap 332, 2005 Rev Ed) have been made out – Relevant circumstances to be taken into consideration in exercise of power to revoke or invalidate – Whether registration should be invalidated


Criminal Procedure and Sentencing – Appeal – Findings of fact by trial judge – Approach of appellate court. — Criminal Procedure and Sentencing – Sentencing – Appeals – Whether sentence wrong in law or manifestly excessive. — Immigration – Employment – Foreign worker – Appellant employment agent arranged employment pass applications despite knowing that the application forms contained false information – Whether appellant committed an offence under s 57(1)(k) of the Immigration Act (Cap 133, 1997 Rev Ed) read with s 109 of the Penal Code (Cap 224, 1985 Rev Ed).


Criminal Law – Offences – Property – Theft-in-dwelling – Appellant convicted of theft a blank cheque – Whether appellant's conviction should be overturned — Criminal Law – Offences – Property – Appellant convicted of using identity card without lawful authority – Whether appellant's conviction should be overturned — Criminal Law – Offences – Property – Forgery – Appellant convicted of forging documents by fraudulently signing on a cheque and bank document intending that the documents be used for the purpose of cheating – Whether appellant's conviction should be overturned — Criminal Procedure and Sentencing – Sentencing – Principles – Whether sentence imposed by judge below manifestly inadequate


Criminal Law – Statutory offences – Misuse of Drugs Act – Appeal against conviction on charge of conspiracy to import controlled drugs into Singapore under s 7 read with s 12 Misuse of Drugs Act – Whether appellant intended recipient of drugs – Sections 7, 12 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Law – Statutory offences – Misuse of Drugs Act – Appeal against conviction on charge of importing controlled drugs into Singapore – Whether appellant knowing he was importing drugs into Singapore – Sections 7, 18 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Words and Phrases – "Abet" – Whether "abet" under s 12 Misuse of Drugs Act to be given same meaning as "abet" under s 107 Penal Code – Section 12 Misuse of Drugs Act (Cap 185, 2001 Rev Ed), s 107 Penal Code (Cap 224, 1985 Rev Ed)


Companies – Directors – Fiduciary duties – Breach – Whether managing director owes duty to other shareholders-cum-directors – Whether under duty to disclose future plans for company — Tort – Misrepresentation – Inducement – Reliance – Whether statements amount to misrepresentations – Whether plaintiffs induced by statements – Whether plaintiffs relied on statements


Contract – Formation – Subject to contract – Agreement to lease – Formal lease not executed – Whether binding and enforceable contract exists between parties — Insolvency Law – Winding up – Proof of debt – Liquidator rejecting claims – Application to court for relief – Approach of court to application – De novo hearing — Insolvency Law – Winding up – Proof of debt – Preferential claim – Whether claim for costs accruing before liquidation qualify as preferential claim — Insolvency Law – Winding up – Proof of debt – Whether claim for restoration of premises as can be made — Words and Phrases – "Subject to contract" – Meaning and effect of phrase


Contract – Contractual terms – Implied terms – Plaintiff selling test systems to defendant under supply agreement – Whether test systems defective and unfit for purpose of purchase — Contract – Contractual terms – Warranties – Supply agreement containing warranties that test systems having no correlation with another system and fulfilling test time – Whether plaintiff in breach of warranties


Land – Strata titles – Adverse possession – Whether applicant had requisite exclusive possession – Whether those in joint possession with him had intention of excluding true owners of the land – Whether use of land following adverse possession must also be adverse to owner


Civil Procedure – Extension of time – Application for leave to appeal against order of High Court judge in chambers for interlocutory judgment with damages to be assessed – Parties assuming order of High Court judge in chambers interlocutory in nature – Application filed out of time – Whether to grant extension of time to file application – Order 56 r 3 Rules of Court (Cap 322, R 5, 2004 Rev Ed), ss 34(1)(c), 34(2) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)


Limitation of Actions – Particular causes of action – Contract – Total failure of consideration – Payment pursuant to contract for purchase of alleged interest in property – Court deciding no such interest exists – Claim for money had and received for total failure of consideration – Whether claim contractual – Whether claim time-barred – s 6(1)(a)Limitation Act (Cap 163, 1996 Ed) — Limitation of Actions – When time begins to run – Relief from consequences of mistake – Payment pursuant to contract for purchase of alleged interest in property – Court deciding 17 years later no such interest exists – Claim to recover money paid under mistake – When limitation period begins to run – Whether plaintiff has or can with reasonable diligence have discovered mistake before court's decision – Whether claim time-barred – s 29(1)(c) Limitation Act (Cap 163, 1996 Ed) — Restitution – Failure of consideration – Total failure of consideration – Proper parties – Plaintiff and defendant making agreement for sale of property by plaintiff's company to defendant's wife and plaintiff's daughter – Plaintiff contracting with defendant for purchase of defendant's wife's alleged interest in property – Plaintiff paying defendant with funds from another company – Court deciding defendant's wife has no interest in property – Claim for money had and received for total failure of consideration – Whether proper parties before court – Whether true contracting parties plaintiff and defendant — Restitution – Mistake – Proper Parties – Claim to recover money paid under mistake – Whether proper parties before court – Whether true contracting parties plaintiff and defendant – Whether defendant can properly be sued even if defendant receives payment as agent – Whether plaintiff can properly sue even if plaintiff make payment as agent — Restitution – Unjust enrichment – Remedial constructive trust – Parties' relationship wholly commercial – Payment pursuant to contract for purchase of alleged interest in property – No intention for money to be kept distinct as identifiable fund – Court deciding no interest as alleged – Whether remedial constructive trust can and should be imposed — Trusts – Constructive trusts – Remedial constructive trust – Parties' relationship wholly commercial – Payment pursuant to contract for purchase of alleged interest in property – No intention for money to be kept distinct as identifiable fund – Court deciding no interest as alleged – Whether remedial constructive trust can and should be imposed


Criminal Law – Special exceptions – Provocation – Whether ingredients for defence of grave and sudden provocation met – Penal Code (Cap 224, 1985 Rev Ed) s 300(c) Exception 1


Civil Procedure – Motion – Appellant management corporation taking out interlocutory motion seeking leave of court to amend pleadings – Whether appropriate for appeal court to hear motion — Evidence – Principles – Fresh evidence – Appellant management corporation seeking to adduce fresh evidence at appeal – Respondent developer objecting on ground that evidence not forming part of record at hearing below – Whether court should allow fresh evidence to be adduced — Land – Development – Housing developers – Whether developer entitled to delegate to independent contractor duty to build condominium in good and workmanlike manner – Building Control Act (Cap 29, 1999 Rev Ed), Housing Developers (Control and Licensing) Act (Cap 130, 1985 Rev Ed) — Land – Strata titles – Developer – Action in tort against developer for defects in common property of condominium – Whether developer can rely on defence of "independent contractor" – Applicable principles — Land – Strata titles – Land titles (strata) act – Action in contract against developer for defects in common property of condominium – Management corporation asserting authorisation to bring action in contract on behalf of all subsidiary proprietors by virtue of s 116 of Land Titles (Strata) Act – Whether s 116 conferring cause of action upon management corporation – Section 116 Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Land – Strata titles – Subsidiary proprietor – Subsidiary proprietors of condominium units not purchasing units directly from developer – Whether such subsidiary proprietors can claim in contract against developer


Administrative Law – Dismissal from employment – Natural justice – Breach – Whether plaintiff has right to be heard before dismissal -- Whether defendants' failure to comply with its administrative regulations amounts to breach of rules of natural justice Employment Law – Contract of service – Termination with notice – Applicable principles governing employer-employee relationship – Whether specific performance of contract of employment possible – Whether rules of natural justice to apply before dismissal – Whether court can reinstate employee to former job – Effect of non-compliance with s 14 of Employment Act (Cap 91, 1996 Ed) – s 14 Employment Act (Cap 91, 1996 Ed) — Employment Law – Contract of service – Termination with notice – Plaintiff alleging dismissal void and claiming reinstatement – Defendants applying to strike out certain prayers in plaintiff's amended statement of claim – Defendants applying for determination of certain questions of law – Whether defendants obliged to plaintiff right to be heard before dismissal – Whether plaintiff given chance to explain his unauthorised absence from work – Whether to allow striking out – O 14 r 12 Rules of Court


Civil Procedure – Judgments and orders – Procedure for setting aside default judgment obtained pursuant to "unless order" – Whether judge in chambers should hear appeal against default judgment obtained pursuant to "unless order" made by registrar — Civil Procedure – Jurisdiction – Whether Registrar has jurisdiction to extend time and to set aside default judgment obtained pursuant to "unless order"


Civil Procedure – Striking out – Statement of claim – No reasonable cause of action disclosed — Civil Procedure – Summary judgment – Unconditional leave to defend – Whether leave can be implied – Whether issue of summary judgment decided previously – Whether plaintiff entitled to appeal against order granting unconditional leave to defend — Conflict of Laws – Foreign judgments – Enforcement – Inapplicability of enforcement of foreign judgment statues – Whether plaintiff entitled to sue on foreign judgment alone – Conclusive effect of foreign judgment


Criminal Procedure and Sentencing – Sentencing – Principles – Accused provoked by deceased – Deceased was stabbed by a knife – Accused pleading guilty to culpable homicide not amounting to murder – Accused remained at large for ten years before surrendering – Appropriate Sentence – Section 304(b) Penal Code (Cap 224, 1985 Rev Ed)


Insurance – Premium funding arrangement – Insurer consenting to terminate policies upon lender's notice -Insurer subsequently endorsing policies to third party – Lender terminating policies for non-payment by borrower – Whether lender entitled to terminate notwithstanding intervening endorsement of policies to third party – Whether lender entitled to terminate without consent of other parties insured – Whether lender entitled to refund of premiums notwithstanding prior claims under policies — Insurance – Premium funding arrangement – Lender extending loan to borrower for payment of premiums – Insurer subsequently endorsing policies to third party – Lender terminating insurance policies for borrower's non-payment – Whether insurer entitled to indemnity from third party against premiums refunded to lender


Family Law – Divorce – Ancillary matters – Application for increase in maintenance of children – Factors to consider


Revenue Law – Income taxation – Deduction – Comptroller applying formula for apportionment of interest expense for purposes of calculating tax payable – Whether application of formula appropriate — Revenue Law – Income taxation – Deduction – Interest expense incurred on overdraft and loans obtained to purchase shares – Whether whole of interest expense deductible against dividend income from shares where some shareholdings not income-producing – Conditions to be satisfied for interest expense to be deductible under s 14(1) Income Tax Act – Section 14(1) Income Tax Act (Cap 134, 2004 Rev Ed) — Revenue Law – Income taxation – Deduction – Meaning of "source" in s 14(1) Income Tax Act – Whether dividend from each shareholding separate and distinct source of income for purposes of deductibility – Sections 10(1), 14(1) Income Tax Act (Cap 134, 2004 Rev Ed)


(iv)The net proceeds – less (i) (ii) and (iii) – shall be divided 55% to [Mdm Umi] and 45% to [Mr Yusoff].


Civil Procedure – Appeals – Leave – Plaintiffs seeking to appeal to High Court against district judge's decision relating to costs – District judge ruling leave to appeal necessary and refusing leave – Appeal by plaintiffs to High Court against district judge's ruling with alternative application for leave to appeal – Defendants applying to strike out appeal – Whether mode should be appeal or application for leave – Whether application for leave out of time – Whether leave to appeal necessary – Whether leave to appeal should be granted – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed) – s 50 Interpretation Act (Cap 1, 1999 Ed) – O 2 r 1, O 3 r 2(5) & O 55C r 2 Rules of Court — Words and Phrases – 'Amount in dispute' – s 21 Supreme Court of Judicature Act (Cap 322, 1999 Ed)


Constitutional Law – Natural justice – Bias – Whether trial judge had been biased against appellant by believing respondent. — Family Law – Custody – Care and control – Whether respondent had an adverse effect on the child and had unduly burdened him. — Family Law – Women’s charter – s 125(2) Women's Charter (Cap 353, 2001 Rev Ed) – Welfare of the child as paramount consideration – Whether appellant's mental state should be taken into consideration when determining issue of custody. — Family Law – Custody – Care and control – Whether the court must in all instances lean in favour of the mother when deciding on custody of an infant of tender years.


Admiralty and Shipping – Bills of lading – Bills of lading as contract of carriage – Bill of lading not issued at formation of contract of carriage but issued later – Whether terms in bill of lading incorporated in contract of carriage — Agency – Third party and principal’s relations – Contractual relations – Shipper's sister company negotiating contract of carriage with freight forwarder – Whether contract between shipper and freight forwarder — Contract – Contractual terms – Exclusion clauses – Contract of carriage – Whether exemption clauses exempt freight forwarder from liability for negligent misrepresentation – Application of Morton tests — Contract – Contractual terms – Implied terms – Contract of carriage – Whether term that freight forwarder needs to monitor shipment to be implied – Whether breach on freight forwarder's part — Contract – Contractual terms – Limitation of liability clauses – Contract of carriage – Whether limitation clauses limit freight forwarder's liability for negligent misrepresentation — Contract – Contractual terms – Standard terms – Freight forwarder making known to shipper that shipment subject to Singapore Freight Forwarders Association Standard Trading Conditions – Parties subsequently entering into oral contract of carriage – Whether contract subject to SFFA Conditions — Tort – Negligence – Remedies – Performance of contractual obligation in negligent way – Whether more appropriate to pursue remedy in contract or tort


Criminal Law – Offences – Hurt – Whether accused guilty of causing hurt to complainant – s 323 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Rape – Whether sexual intercourse between accused and complainant was rape or consensual intercourse – s 376(2)(a) Penal Code (Cap 224, 1985 Rev Ed) — Evidence – Witnesses – Corroboration – Main evidence given by complainant unsatifactory – Whether statements of accused could be used as primary evidence – Whether statements of accused could be used to corroborate main evidence of complainant


Bailment – Bailees – Duties – Goods in bailment hijacked en route to destination – Whether bailee's negligence contributing to loss of goods — Carriage of Goods by Air and Land – Carriage of goods by road – Contracts of carriage – Contract containing clause excluding liability of carrier for loss caused beyond carrier's control – Goods hijacked en route to destination – Whether hijacking beyond carrier's control


Contract – Consideration – Forbearance – Tenant giving up any right to make claim against previous trustees for damages for breach of terms in lease agreement by accepting compromise offered – Whether such forbearance amounting to consideration for compromise agreement — Equity – Estoppel – Tenant giving up any right to make claim against previous trustees for damages for breach of terms in lease agreement by accepting compromise offered – Tenant discharging obligations under compromise agreement – Whether inequitable for present trustees to refuse to honour compromise agreement on ground that such agreement not lawfully entered into


Courts and Jurisdiction – Jurisdiction – Application to transfer proceedings from district court to High Court – Interlocutory judgment made – Circumstances under which High Court can exercise power to transfer proceedings – Whether to allow application – s 38 Subordinate Courts Act (Cap 321, 1999 Ed) – Sch 1 para 10 Supreme Court of Judicature Act (Cap 322, 1999 Ed) — proceedings from District Court to High Court – Interlocutory judgment obtained before application – Whether proceedings can be transferred – Subordinate Courts Act (Cap 321) s 38 and Supreme Court of Judicature Act (Cap 322) s 18 & First Schedule para 10


Contract – Contractual terms – Conditions – Whether full assignment and transfer of legal and beneficial title condition precedent to payment of balance purchase price — Contract – Discharge – Breach – Whether failure to pay balance purchase price discharging contract and resulting in forfeiture of deposit — Equity – Relief – Against forfeiture – Whether equitable relief could be granted to contracts unconnected with any interests in land – Whether forfeiture of deposit unconscionable


Insolvency Law – Avoidance of transactions – Unfair preferences – Stay of bankruptcy proceedings on condition of security being furnished – Whether order for security constituted unfair preference – Section 99 Bankruptcy Act (Cap 20, 2000 Rev Ed) — Insolvency Law – Bankruptcy – Petition – Stay of proceedings on condition of security being furnished – Whether order made under correct provision of Bankruptcy Act – Sections 64(1), 65(5) Bankruptcy Act (Cap 20, 2000 Rev Ed) — Insolvency Law – Bankruptcy – Petition – Stay of proceedings on condition of security for costs being furnished – Whether order for security excessive – The Schedule of the Bankruptcy (Costs) Rules (Cap 20, R 2, 2000 Rev Ed)


Contract – Breach – Plaintiff failing to make payment – Whether defendant failed to honour the contractual delivery and installation date


Civil Procedure – Appeals – Stay of appeal – Whether single judge can order stay of appeal pending payment of taxed costs of action below – Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) s 36(1) — Civil Procedure – Appeals – Striking out of appeal – Failure to comply with order – Whether single judge may strike out an appeal – Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) s 36(1) — Civil Procedure – Jurisdiction – Inherent – Stay of appeal pending payment of taxed costs of action below – Failure to comply with order – Whether circumstances warrant exercise of jurisdiction – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 92 r 4


Probate and Administration – Grant of probate – Executor's application for notation on grant of probate – Whether deceased died domiciled in Singapore


Civil Procedure – Originating processes and pleadings – Management corporation suing in contract – Whether management corporation must identify each party to the contract. — Land – Strata titles – Management corporation – Representative actions – Whether management corporation could sue developers on behalf of subsidiary proprietors – Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) s 116. — Tort – Negligence – Defence of independent contractor – Whether developers accused of direct and personal negligence could rely on defence. — Tort – Negligence – Indemnity – Whether management corporation entitled to indemnity from developers.


Trade Marks and Trade Names – Grounds for refusal of registration – Holders of "Jeffery-West" trade mark opposing registration of "JWest" trade mark by appellant-applicant – Whether application to register trade mark made in bad faith – Whether bad faith may be found where trade marks not identical – Section 8(6) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Registration criteria – Conflicts with earlier marks – Holders of "Jeffery-West" trade mark opposing registration of "JWest" trade mark by appellant-applicant – Whether "Jeffery-West" mark and "JWest" mark confusingly similar – Section 8(2)(b) Trade Marks Act (Cap 332, 1999 Rev Ed)


Companies – Lifting corporate veil – Whether plaintiffs' claim mala fide — Equity – Estoppel – Whether defence of estoppel made out – Lack of reliance on representation — Land – Mortgages – Mortgagee's sale – Whether mortgagee negligent in conduct of sale of mortgaged property – Whether mortgagee under duty to obtain valuation on "redevelopment basis" – Duty to obtain best price possible – Duty to publicise sale of property


Courts and Jurisdiction – Appeals – Power of appellate court to reverse trial judge's findings of fact – Relevant considerations — Criminal Law – Offences – Causing death by negligent act – Collision between appellant's bus and deceased – Prosecution's case solely on circumstantial evidence – Whether possible to infer collision from circumstantial evidence – Appeal against conviction and sentence – Whether sentence appropriate – s 304A Penal Code (Cap 224)


Evidence – Weight of evidence – Pedestrian hit by bus at pedestrian crossing at traffic junction – Two diametrically opposed versions of accident – Whether plaintiff's or first defendant's version objectively more probable — Tort – Negligence – Contributory negligence – Pedestrian hit by bus at pedestrian crossing at traffic junction – Pedestrian attempting to cross without checking whether safe to cross – Whether pedestrian guilty of contributory negligence – Apportionment of liability between bus driver and pedestrian – Section 3(1) Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed)


Admiralty and Shipping – Limitation of liabilities – Shipowner seeking declaration limiting liability under s 136 Merchant Shipping Act in respect of loss arising from casualty – Shipowner failing to prove pleaded case that casualty caused by act or omission of third party – Whether shipowner entitled to limit liability – Section 136 Merchant Shipping Act (Cap 179, 1996 Rev Ed)


Agency – Third party and principal’s relations – Contractual relations – Agent of company entering into alleged unauthorised transactions with bank – Bank having actual or constructive notice of agent's lack of authority – Bank colluding with agent – Whether company liable in respect of unauthorised transactions — Civil Procedure – Originating processes – Hearsay evidence by affidavit – Originating summons for injunction against winding up – Whether originating summons qualifies as interlocutory proceeding under O 41 r 5 Rules of Court (Cap 322, R 5, 2006 Rev Ed) – Whether hearsay evidence admissible — Contract – Contractual terms – Contractual estoppel – Representations made in Master Agreement that transactions entered into with proper authority – Third party having actual or constructive notice of agent's lack of authority – Third party colluding with agent – Whether representing party contractually estopped — Insolvency Law – Winding up – Agent of company entering into alleged unauthorised transactions with bank – Bank issuing statutory demand against company for alleged debt – Company denying liability – Use of winding-up process to recover a disputed debt – Company seeking injunction to restrain winding up pursuant to statutory demand – Test for granting injunction – Whether injunction should be granted


Revenue Law – Property tax – Annual value – Whether Chief Assessor correct in not excluding from gross rental the contributions payable towards sinking fund and special levy – Sections 2(1), 2(7) Property Tax Act (Cap 254, 2005 Rev Ed)


Land – Interest in land – Property held by parties as joint tenants – Whether parties joint tenants at law or tenants in common in equity – Whether existence of resulting trust overriding right of survivorship in joint tenancy — Trusts – Resulting trusts – Presumed resulting trusts – Whether presumed resulting trust displaced by presumption of advancement – Application of presumption of advancement in Singapore


Insolvency Law – Bankruptcy – Unfair preference – Whether payment of legal fees to solicitor constitutes unfair preference – Whether payments made within the 'relevant time' – Whether solicitor an 'associate' – Considerations in determining existence of unfair preference – Whether presumption relating to associates rebutted – ss 99(5), 100(1) & 101(5)Bankruptcy Act (Cap 20, 2000 Ed)


Conflict of Laws – Choice of law – Succession – Property in Singapore forming subject matter of Malaysian testator's will – Whether lex domicile or lex situs governing validity of will – Whether Muslim law forming part of lex situs — Succession and Wills – Construction – Property bequeathed to beneficiary as "State property" – Whether property bequeathed to beneficiary in capacity as sovereign ruler or in personal capacity – Meaning of "State property"


Civil Procedure – Discovery of documents – Implied undertaking not to use documents disclosed for any ulterior purpose – Application for modification of or release from undertaking to allow use of documents in separate proceedings in Indonesia – Whether special circumstances warranting modification of undertaking – Whether prejudice caused to party giving discovery


Criminal Procedure and Sentencing – Mutual legal assistance – Whether application for bank to produce material relating to account of client should be granted – Whether request must be exhibited with application – Whether proper request by prescribed foreign country an essential part of application – Section 22 Mutual Assistance in Criminal Matters Act (Cap 190A, 2001 Rev Ed)


Contract – Contractual terms – Incorporation of terms – Whether relevant term in articles of association incorporated into contract between company and accounting firm appointing the latter as its auditors — Contract – Contractual terms – Interpretation of terms – Scope of indemnity – Whether indemnity extends to costs incurred in defending actions — Insolvency Law – Winding up – Priority – Whether indemnity costs awarded against liquidators of company entitled to priority against other claims in winding up


Constitutional Law – Equal protection of the law – Whether mandatory death penalty under Misuse of Drugs Act violating equal protection accorded under Constitution – Article 12 Constitution of the Republic of Singapore (1999 Reprint), s 7 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Constitutional Law – Fundamental liberties – Right to life and personal liberty – Whether mandatory death penalty under Misuse of Drugs Act amounting to arbitrary punishment not being deprivation of life or personal liberty in accordance with law – Whether death by hanging constituting cruel and inhuman treatment or punishment – Whether death penalty violating Constitution – Article 9 Constitution of the Republic of Singapore (1999 Reprint), s 7 Misuse of Drugs Act (Cap 185, 2001 Rev Ed), Art 5 Universal Declaration of Human Rights — Constitutional Law – Judicial power – Whether mandatory death penalty under Misuse of Drugs Act violating principle of separation of powers enshrined in Constitution – Article 93 Constitution of the Republic of Singapore (1999 Reprint), s 7 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Law – Statutory offences – Misuse of Drugs Act – Applicability of s 53 Misuse of Drugs Act – Sections 7, 53 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Procedure and Sentencing – Statements – Admissibility – Failure to allow appellant consular access before statements recorded – Whether statements recorded in breach of Art 36(1) Vienna Convention on Consular Relations 1963 – Whether statements admissible – Articles 36(1), (2) Vienna Convention on Consular Relations 1963 — Criminal Procedure and Sentencing – Statements – Admissibility – Whether contents of cautioned statement amounting to confession – Section 24 Evidence Act (Cap 97, 1997 Rev Ed) — International Law – Human rights – Whether death by hanging a breach of international law – Article 5 Universal Declaration of Human Rights — Statutory Interpretation – Interpretation act – Purposive approach – Whether s 41 Interpretation Act applicable where intent of Parliament clear – Sections 9A(1), 41 Interpretation Act (Cap 1, 2002 Rev Ed) — Statutory Interpretation – Penal statutes – Death penalty under Misuse of Drugs Act – Whether maximum sentence or mandatory sentence – Section 7 Misuse of Drugs Act (Cap 185, 2001 Rev Ed)


Criminal Procedure and Sentencing – Bail – Bail pending appeal – Failure of accused to attend hearing of appeal – Show cause hearing on why entire bail should not be forfeited – Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 361(4)


Civil Procedure – Parties – Locus standi – Action by dependant of deceased – Action commenced within six months of deceased's death – No executor or administrator appointed yet – Whether action premature – Whether action should be dismissed – s 20(4) Civil Law Act (Cap 43) — Statutory Interpretation – Construction of statute – Whether limbs of provision read disjunctively or conjunctively – s 20(4) Civil Law Act (Cap 43)


Civil Procedure – Jurisdiction – O 89 r 4 Rules of Court (Cap 322, R 5, 1997 Rev Ed) – Whether quantum in itself constitutes "important question of law or fact" -s 53 Subordinate Courts Act (Cap 321, 1999 Rev Ed) — Courts and Jurisdiction – Magistrates’ courts – Jurisdiction – Transfer from Magistrate's Court to District Court – Quantum exceeding jurisdiction of Magistrate's Court – s 53 Subordinate Courts Act (Cap 321, 1999 Rev Ed)


Revenue Law – Property tax – Annual value – District cooling machinery on subject property – Pipelines carrying chilled water to customers outside subject property – Whether machinery assessable – Whether pipelines part of machinery – Section 2(2) Property Tax Act (Cap 254, 2005 Rev Ed) — Statutory Interpretation – Construction of statute – Purposive approach – Provision excluding machinery used for "making", altering" and "adapting for sale" of articles from annual value assessment of premises – Provision drafted 140 years ago – Purpose of provision to encourage investment in machinery – Whether broad interpretation should be adopted – Section 2(2) Property Tax Act (Cap 254, 2005 Rev Ed) — Words and Phrases – "Made", "alter" and "adapt for sale" – Section 2(2) Property Tax Act (Cap 254, 2005 Rev Ed)


Criminal Law – Statutory offences – Arms offences Act – Using revolver and discharging bullets – First shot towards ceiling -Whether accused fires shot with intention to cause injury – Presumption that accused discharges revolver with intention to cause personal injury – Whether presumption rebutted – ss 4(1) & (2) Arms Offences Act (Cap 14, 1998 Ed)


Employment Law – Employees’ duties – Duty to provide sufficient instructions on parameters of job – Extent of duty — Employment Law – Employers’ duties – Duty to devise safe system of work for performance of work done by independent contractors — Employment Law – Employers’ duties – Employee-supervisor assisting persons being supervised – Whether such act outside course of supervisor's employment – Whether supervisor under obligation to assist — Tort – Negligence – Whether plaintiff's injuries caused by negligence of first defendants' workers — Tort – Negligence – Whether employee acted within course of his employment – Whether employers liable for breach of duty


Civil Procedure – Stay of proceedings – Abuse of process – Jurisdiction of High Court to stay private summons issued in Subordinate Courts where no basis for complaint disclosed – Sections 66(1), 67(2) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)


Arbitration – Arbitral tribunal – Appointment of arbitrator – Singapore International Arbitration Centre ("SIAC") – Discretion of Registrar of SIAC under r 5.1 of 2007 SIAC Rules to appoint three arbitrators – Whether discretion of Registrar under r 5.1 exercisable when parties had agreed on number of arbitrators – Whether r 5.1 would override agreement of parties on number of arbitrators – Rule 5.1 2007 SIAC Rules — Contract – Contractual terms – Arbitration clause – Interpretation of arbitration clause – Arbitration clause provided for an arbitrator to be appointed – Whether parties had agreed on number of arbitrators to be appointed – Whether r 5.1 of 2007 SIAC Rules would override agreement of parties on number of arbitrators


Constitutional Law – Fundamental liberties – Freedom of religion – Articles 15(1) and 15(3) of the Constitution of the Republic of Singapore (1999 Rev Ed) — Constitutional Law – Fundamental liberties – Right to life and personal liberty – Accused person's right to be defended by legal practitioner of choice – Whether art 9(3) of the Constitution of the Republic of Singapore (1999 Rev Ed) renders s 21 of the Legal Profession Act (Cap 161, 2001 Rev Ed) a mere formality — Legal Profession – Admission – Ad hoc – Queen's Counsel to act as defence counsel in criminal case – Whether factual issues in case sufficiently complex – Whether "special reason" exists for admission of Queen's Counsel – Whether existence of canon law issues necessitates admission of Queen's Counsel – Whether requirements of s 21 of the Legal Profession Act (Cap 161, 2001 Rev Ed) satisfied


Civil Procedure – Judgments and orders – Enforcement – Whether foreign judgment should be registered in Singapore – Public policy considerations and doctrine of comity of nations – Order 67 Rules of Court (Cap 322, R 5, 1997 Rev Ed), ss 3, 5 Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed)


Contract – Breach – Breach of oral agreement – Whether plaintiff failed to discharge its obligations under oral agreement – Whether terms breached were conditions – Whether defendant entitled to terminate oral agreement. — Contract – Formation – Whether four unsigned draft agreements were sufficient evidence of written contract between parties. — Evidence – Witnesses – Examination – Plaintiff failed to cross-examine defendant's witnesses on material parts of their evidence – Whether this could be treated as an acceptance of the truth of that part of the evidence – Whether rule in Browne v Dunne (1893) 6 R 67 applied. — Partnership – Evidence of formation – Parties agreed to share profits and losses – Whether parties in a partnership – Test to be applied – Partnership Act (Cap 391, 1994 Rev Ed) s 1(1).


Administrative Law – Judicial review – Fettering of discretion and abrogation of power – Registrar of Vehicles having power to determine value of vehicle for purposes of levying additional registration fee – Registrar having practice of adopting Customs' valuation of open market value of vehicle as its "value" – Whether Registrar was entitled to rely on Customs' valuation of OMV to compute ARF payable – Whether Registrar failing to exercise power vested in her – Whether Registrar failing to give genuine consideration to car importer's representations – Rule 7(3) Road Traffic (Motor Vehicles, Registration and Licensing) Rules (Cap 276, R 5, 2004 Rev Ed)


Criminal Procedure and Sentencing – Sentencing – Principles – Young offender committing serious offences – Whether rehabilitation dominant consideration – Whether probation must be ordered – Section 13 Criminal Procedure Code (Cap 68, 1985 Rev Ed) – Section 5(1) Probation of Offenders Act (Cap 252, 1985 Rev Ed)


Banking – Letters of credit – Standby letters of credit – Fraud by issuer's employee — Banking – Letters of credit – Standby letters of credit – SWIFT message – Legal effect – Circumstances when it binds sender


Patents and Inventions – Infringement – Validity of patent — Patents and Inventions – Novelty – Lack of utility in invention – Registered patent comprising Lovastatin – Allegation that Apo-Lovastatin infringes patent comprising Lovastatin – Definition of "utility" – Whether lack of utility renders invention unpatentable for want of novelty – Whether differences in degree of compound patentable – Whether invention anticipated by prior art — Patents and Inventions – Inventive step – Whether invention obvious to person skilled in the art – Whether mere discovery patentable – Whether person skilled in the art could use existing standard techniques to purify Lovastatin


Companies – Winding up – Members' voluntary winding up – Proof of debt in winding up – Related party claiming proof of debt on basis of audit confirmations and audited accounts – Whether liquidator should reject proof of debt when creditor was a related party unable to produce primary supporting documents of underlying transactions — Evidence – Proof of evidence – Proof of debt owed by related company – Related company proving debt when primary supporting documents unavailable – Whether primary supporting documents of underlying transactions necessary for proof of debt — Insolvency Law – Winding up – Liquidator – Liquidator's power to look behind documents – Duty of liquidator in voluntary winding up – Duty of liquidator to be fair and independent – Whether liquidator entitled to reject audited accounts as evidence of debt


Injunctions – Mandatory injunction – Appeal against High Court judge's refusal to unconditionally discharge interim mandatory injunction – Whether appellant discharging obligations under letter of indemnity to provide on demand bail or security to prevent arrest of vessel or to secure release of vessel unconditionally – Whether appellant given sufficient time to discharge obligations before respondent obtained interim mandatory injunction – Whether mandatory injunction improperly obtained — Injunctions – Mandatory injunction – Appeal against High Court judge's refusal to unconditionally discharge interim mandatory injunction – Whether appropriate to grant interim mandatory injunction under the circumstances – Applicable principles for granting of interim mandatory injunction – Whether more appropriate to order inquiry as to damages suffered


Civil Procedure – Striking out – Business consultancy suing company for commission owed pursuant to agreement between them – Business consultancy and company disagreeing on interpretation of agreement – Business consultancy appealing against assistant registrar's decision to strike out claim pursuant to O 18 r 19 Rules of Court – Whether claim clearly unsustainable – Whether claim should be struck out – O 18 r 19 Rules of Court (Cap 322, R 5, 2004 Rev Ed)


Professions – Medical profession and practice – Liability – Negligence – Doctors diagnosing brain tumour – Recommendation and performance of radiosurgery – Patient suffering severe side-effects from treatment – Divided medical opinion over appropriateness of doctors' diagnosis, treatment and advice – Whether court should adjudicate between divided medical opinion – Whether doctors negligent in diagnosis, treatment and advice – Application of Bolam test – Whether respectable body of medical opinion supports doctors' actions – Whether expert opinion satisfies threshold test of logic – Whether Bolam test applicable to advice — Tort – Negligence – Breach of duty – Doctors diagnosing brain tumour – Recommendation and performance of radiosurgery – Patient suffering severe side-effects from treatment – Divided medical opinion over appropriateness of doctors' diagnosis, treatment and advice – Whether court should adjudicate between divided medical opinion – Whether doctors negligent in diagnosis, treatment and advice – Application of Bolam test – Whether respectable body of medical opinion supports doctors' actions – Whether expert opinion satisfies threshold test of logic – Whether Bolam test applicable to advice — Civil Procedure – Pleadings – Defence – Failure to plead 'residual tumour' theory – Whether new defence should be allowed at trial – Whether new defence affects credibility of defendants and their experts


Contract – Discharge – Breach – Party to contract failing to perform obligations – Situations where innocent party entitled to terminate contract – Whether breach of warranty by one party entitling innocent party to terminate contract — Contract – Frustration – Party in breach of contract invoking force majeure clauses in contract – Construction and effect of force majeure clauses – Distinction between doctrine of frustration and force majeure – Whether force majeure clauses applicable – Whether doctrine of frustration excluded by force majeure clauses — Contract – Remedies – Damages – Costs incurred from breach of contract by one party sought as damages by innocent party – Whether such costs flowing directly and naturally from breach


Credit and Security – Mortgage of real property – Mortgagee’s power of sale – Duty of care owed by mortgagee to mortgagor and guarantors – Duty to obtain best possible price – Mortage placing substantial advertisement for sale of property and accepting only offer at hand – Whether duty breached – Whether agent required to sell property — Insolvency Law – Bankruptcy – Statutory demand – Application to set aside – Cross-demand alleged – Amount of cross-demand less than debt claimed in statutory demand – No grounds for setting aside statutory demand – Bankruptcy Rules r 98(2)(a)


Contract – Contractual terms – Parol evidence rule – Alleged implied terms contradicted the written terms of the contract – Whether the terms could nonetheless be implied into the contract. — Contract – Privity of contract – A partnership entered into a contract with the defendants – The plaintiffs were incorporated and took over the assets of the partnership – Whether the plaintiffs had the locus standi to sue the defendants.


Civil Procedure – Appeals – Leave – Principles governing discretion to grant leave to appeal to Court of Appeal — Civil Procedure – Costs – Loan agreement providing for payment of costs where legal fees incurred in enforcing loan – Whether award should be made where rights to payment in dispute — Courts and Jurisdiction – Appeals – Appeal from registrar's decision – Role of appellate judge – Circumstances warranting judge's interference


Contract – Formalities – Whether writing requirement under s 6(d) Civil Law Act (Cap 43, 1999 Rev Ed) fulfilled – Whether contract part-performed — Contract – Formation – Whether binding contract in existence – Whether agent authorised to deposit cheque into seller's bank account – Whether seller bound upon accepting deposit to grant option to purchase


Admiralty and Shipping – Bills of lading – Endorsement and delivery of bills of lading by defendant to third party – Whether bank has title as pledgee to sell – s 12 Sale of Goods Act (Cap 393, 1999 Ed) — Contract – Formation – Main terms and conditions set out in fax – Whether parties have a concluded agreement — Contract – Contractual terms – Conditions precedent – Whether payment of import duty and advancement of loan constitute conditions precedent to formation of contract — Contract – Frustration – When frustration occurs – Whether contract for sale of oil frustrated – Refusal of legal owner to transfer bill of entry to plaintiffs – Whether legal owner's refusal frustrates contract – Foreign court issuing injunction against sale of oil – No attempt made by party to contract to discharge – Whether defendants can rely on injunction as ground of frustration — Contract – Mistake – Parties mistakenly believing that legal owner will transfer import document to plaintiffs – Legal owner refusing to effect transfer – Whether possession of oil still deliverable to plaintiff despite refusal – Whether mistake goes to the root of contract


Contract – Contractual terms – Implied terms – Sale of goods – Contracts for sale of dried ginger slices for export to Pakistan – Ginger slices heavily contaminated with mould and having high ash content – Whether implied conditions of quality and fitness for purpose under Sale of Goods Act breached – Sections 14(2), 14(3) Sale of Goods Act (Cap 393, 1999 Rev Ed) — Contract – Contractual terms – Implied terms – Sale of goods – Whether additional term that ginger slices would not contain more than 7% ash content could be implied into contract – Section 14(1) Sale of Goods Act (Cap 393, 1999 Rev Ed) — Commercial Transactions – Sale of goods – International sale contracts – Contract for sale of ginger slices for export to Pakistan – Whether Sale of Food Act and Food Regulations applicable where sale of food products under contract not for sale in Singapore – Food Regulations (Cap 283, Rg 1, 2005 Rev Ed), Sale of Food Act (Cap 283, 2002 Rev Ed)


Tort – Negligence – Damages – Assessment – Interest – Cut-off date for interest on damages awarded – Interest awarded for damages for pain and suffering and loss of amenities – Interest awarded damages for loss of earning capacity — Tort – Negligence – Damages – Assessment – Whiplash injury – Assessment of damages for pain and suffering and loss of amenities – Assessment of damages for loss of earning capacity – Approach to assessment


Contract – Breach – Construction of sale and purchase agreement – Obligation on property redevelopment company to use "best endeavours" to obtain qualifying certificate and to do so "without delays" – Whether actions taken satisfying "best endeavours" test – Whether sale and purchase agreement rescinded — Equity – Estoppel – Estoppel by convention – Principles – Whether any estoppel by convention in relation to specific date which bound property redevelopment company so that it was prevented from denying that that date was contractual completion date


Criminal Law – Offences – Murder — Criminal Law – General exceptions – Intoxication – whether the appellant was so intoxicated that he was unaware of what he was doing — Evidence – Proof of evidence – Onus of proof – whether the burden of proving a defence of intoxication lied with the accused person


Civil Procedure – Interrogatories – Application for leave – Application for leave to serve interrogatories on former solicitor – Whether requirement of relevance satisfied – Further factors to consider – Whether applicant should pay costs of former solicitor – O 26A rr 1(3)(b), 1(5), 2 & 5 Rules of Court — Legal Profession – Professional privileges – Solicitor-client privilege – Both plaintiff and defendant former clients of solicitor in respect of same matter – Whether solicitor-client privilege prohibits disclosure by solicitor of former client's communications – s 128 Evidence Act (Cap 97, 1997 Ed)


Legal Profession – Show cause action – Lawyer attempting to procure conveyancing work by offering monetary reward to individuals referring such work to him – Lawyer pleaded guilty to charges for grossly improper conduct in discharge of his professional duty brought against him by Law Society of Singapore – Appropriate punishment in light of certain mitigating circumstances – Sections 83(2)(d), 83(2)(e) Legal Profession Act (Cap 161, 2001 Rev Ed)


Criminal Procedure and Sentencing – Sentencing – Lack of antecedents as mitigating factor – Weighed against public interest — Criminal Procedure and Sentencing – Sentencing – Principle of deterrence


Evidence – Witnesses – Impeaching witnesses’ credibility – "'Previous inconsistent or contradictory statement" – Interpretation of phrase – Flexible interpretation preferred – Whether phrase encompasses witness who deliberately and falsely claimed inability to recall material facts – s 147(3) Evidence Act (Cap 97, 1997 Rev Ed) — Evidence – Witnesses – Refreshing memory – Whether previous statement used to refresh witness's memory – Whether previous statement admissible as substantive evidence – ss 147(4) Evidence Act (Cap 97, 1997 Rev Ed) — Evidence – Witnesses – Prior criminal proceedings against witness – Witness pleaded guilty to related offences – Whether prior criminal record of proceedings admissible as substantive evidence – s 45A Evidence Act (Cap 97, 1997 Rev Ed) — Evidence – Witnesses – Statements by witness – Whether admissibility of statements subject to test of voluntariness — Statutory Interpretation – Construction of statute – Purposive approach – s 9A Interpretation Act (Cap 1, 1999 Ed)


Criminal Procedure and Sentencing – Irregularities in proceedings – Accused convicted based on uncorroborated evidence of sole witness – No finding by trial judge that sole witness's evidence so compelling that conviction could be secured by such evidence alone – Whether accused's conviction should be set aside — Evidence – Witnesses – Examination – Prosecution not challenging certain parts of Defence's evidence – Whether Prosecution thereby accepting such evidence — Evidence – Witnesses – Whether witness who neither pleads guilty to nor is convicted of offence may be regarded as accomplice to offence — Immigration – Criminal offences – Abetment of making of false statement to obtain employment pass and to renew employment pass – Requisite mens rea for offence – Whether accused having mens rea at material time – Section 57(1)(k) Immigration Act (Cap 133, 1997 Rev Ed), s 109 Penal Code (Cap 224, 1985 Rev Ed)


Unincorporated Associations and Trade Unions – Members' clubs – Meetings – Entitlement to vote on resolution – Resolution concerning substantial capital expenditure – Whether entitlement to vote an inalienable right – Whether the manner of voting curtailed the entitlement to vote — Unincorporated Associations and Trade Unions – Members' club – Meetings – Whether notice calling for meeting sufficient – Whether separate resolutions necessary for separate issues – Whether invalidity of one resolution rendered the other resolution void — Unincorporated Associations and Trade Unions – Members' clubs – Meetings – Whether substantive rights of members may be modified by majority at meeting — Words and Phrases – "Simple majority" – Whether resolutions approved by simple majority of members as stated in rules of club


Restitution – Money had and received – Plaintiff claimed to have passed $1m to first defendant – Defendants claimed that money came from second defendant – Whether money came from plaintiff or second defendant – Whether money belonged to plaintiff beneficially – Whether ownership must be proved in a claim for money had and received – Whether district judge erred in allowing defendants to retain money


Injunctions – Interim injunction – Respondent suing appellant for infringement of name mark – Respondent obtaining interim injunction restraining appellant from advertising composite mark in relation to watches and watch straps in conjunction with release of specific movie – Appellant appealing against grant of interim injunction – Whether serious issue to be tried existing – Whether damages adequate remedy should injunction not be granted – Whether balance of convenience favouring granting of injunction — Trade Marks and Trade Names – Infringement – Name mark – Whether name mark infringed by composite mark comprising name mark and device – Whether likelihood of confusion existing – Sections 27(1), 27(2) Trade Marks Act (Cap 332, 2005 Rev Ed)


Criminal Law – Offences – Rape – Elements of offence – Whether complete penetration required – Section 376(1) Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Kidnapping, abduction, slavery and forced labour – Abduction – Elements of offence – Whether victim abducted with intention of forcing illicit intercourse – Section 366 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Deterrent sentencing – Aggravating factors – Conditions under which offence committed – Accused initiator of incident – Accused illegally present in Singapore — Evidence – Weight of evidence – Accomplice evidence – Whether weight should be given to accomplice evidence – Whether accomplice evidence should be treated with caution – Sections 116 illustration (b), 135 Evidence Act (Cap 97, 1997 Ed)


Evidence – Admissibility of evidence – "Without prejudice" communications – Whether communications made by contractor in course of discussions with and in letter to employer made "without prejudice" and therefore inadmissible – Whether communications amounting to admissions – Whether communications made in context of negotiations to settle dispute between parties – Whether privilege applying to negotiations on quantum even where admission of liability existing


Civil Procedure – Contempt of court – Civil contempt – Time frame for compliance before contempt proceedings taken – Order 45 r 5 Rules of Court (Cap 322, R 5, 2004 Rev Ed) – Section 52 Interpretation Act (Cap 1, 2002 Rev Ed)


Civil Procedure – Appeals – Adducing fresh evidence – Evidence relating to new point not raised by parties at trial but considered by judge in grounds of decision – Whether court should allow fresh evidence to be adduced — Civil Procedure – Parties – Locus standi – Appellant seeking declaration as to future rights as registered proprietor of land pursuant to sale and purchase agreement – Whether appellant having equitable interest in land under sale and purchase agreement – Whether appellant having locus standi to seek declaration — Land – Easements – Rights of way – Only access to property through land belonging to adjoining property – No easement of way registered against certificate of title of adjoining property – Whether implied easement of way existing – Sections 99(1), 99(1A) Land Titles Act (Cap 157, 2004 Rev Ed)


Criminal Procedure and Sentencing – Charge – Particulars – Whether charge must state fact of death penalty where capital punishment was involved – Whether accused was aware he was facing capital punishment. — Criminal Procedure and Sentencing – Statements – Admissibility – Whether accused's long statements were fabricated – Whether accused's long statements accurately represented what he had said – Whether accused suffering from withdrawal symptoms when statement pursuant to s 122(6) Criminal Procedure Code (Cap 68, 1985 Rev Ed) was taken.


Damages – Assessment – Whether damages in lieu of specific performance should be assessed at date of breach or date of judgment


Criminal Law – Offences – Criminal breach of trust – Entrustment of dominion over property – Whether sole dominion necessary – Essence of offence – Whether element of entrustment of dominion proved – Degree of control over property required to prove entrustment of dominion – ss 109 & 408 Penal Code (Cap 224) — Evidence – Admissibility of evidence – Accomplice evidence – Whether court must presume such evidence unworthy of credit – Court to treat such evidence with caution – Whether accomplice's evidence reliable in circumstances – s 116 illustration (b) Evidence Act (Cap 97, 1997 Ed) — Evidence – Witnesses – Inconsistencies in testimony – Whether court can accept part of testimony and reject others


Civil Procedure – Summary judgment – Determination of question of law or construction of document – Construction of clauses in sale and purchase agreement – Suitability for determination under O 14 r 12 Rules of Court – Requirements for applicant to satisfy – O 14 r 12 Rules of Court


Contract – Formation – Exchange of letters between parties – Whether contract concluded – Whether defendant breached contract


Courts and Jurisdiction – Appeals – Accused challenging trial judge's factual findings – Whether appropriate for appellate court to interfere with such findings — Criminal Law – Statutory offences – Misuse of Drugs Act – Trafficking in controlled drugs – Abetment of trafficking – Requisite mens rea – s 12 Misuse of Drugs Act (Cap 185, 2001 Ed) — Criminal Procedure and Sentencing – Impeachment – Prosecution failing to impeach first appellant's credit – Whether necessary to impeach credit before accused's evidence can be disbelieved — Evidence – Proof of evidence – Corroboration – Inconsistent versions of events – Accused's inconsistent versions of events as corroboration of his guilt — Evidence – Weight of evidence – Relevance of exoneration by co-accused – Whether such exoneration relieves co-accused of culpability


Road Traffic – Offences – Using vehicle without insurance policy in respect of third-party risks – Whether proviso in insurance policy excludes insurance coverage because accused was driving de-registered vehicle and without valid vehicle licence – Section 3(1) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed)


Damages – Assessment – Whether plaintiffs entitled to claim for damages for loss of amenity, accessibility and enjoyment of club facilities — Damages – Assessment – Whether plaintiffs entitled to claim for diminution in value of club membership


Contract – Fraud – Plaintiffs alleged that payments were made in return for financing to be provided by the second plaintiff – Whether fraud made out on the facts.


Civil Procedure – Service – Defendant appointing Malaysian solicitors to accept service in Malaysia – Plaintiffs' Malaysian solicitors serving writ on defendant's Malaysian solicitors – Whether service of writ in Malaysia through private agent valid – Appropriate forum to determine such validity — Civil Procedure – Service – Parties agreeing on accepted mode of service out of jurisdiction – Whether service of writ pursuant to ad hoc agreement sufficient to invoke courtÂ’s jurisdiction – Order 11 r 3(8)(a), O 11 r 4(2)(c) Rules of Court (Cap 322, R 5, 2004 Rev Ed)


Tort – Negligence – Damages – Loss of dependency award – Whether longer life expectancy justifying higher multiplier than past analogous cases — Tort – Negligence – Duty of care – Claim for post-traumatic stress and depression – Whether grief and depression were recognisable psychiatric illnesses – Risk of double recovery if tortious damages awarded for grief – Section 21(4) Civil Law Act (Cap 43, 1999 Rev Ed) — Tort – Negligence – Duty of care – Whether negligent driver owing duty of care to victims' parents to avoid causing them to lose all their children in resulting accident – Whether factually foreseeable that driver's negligence would lead to victims' parents undergoing fertility treatment in attempt to conceive another child – Whether sufficient legal proximity between driver and victims' parents – Policy concerns about imposing liability on driver for parents' cost of fertility treatment


Courts and Jurisdiction – Magistrates’ courts – Magistrate Arrest Case – Trial judge holding concurrent appointment as district judge – Sentencing powers of trial judge in such situations – Miscellaneous Offences s 35(1) (Public Order and Nuisance) Act (Cap 184, 1997 Ed) — Criminal Procedure and Sentencing – Revision of proceedings – Revisionary powers of High Court – Purpose of such powers – ss 266(1) & 268(1) Criminal Procedure Code (Cap 68) — Criminal Procedure and Sentencing – Sentencing – Reformative training – District judge sitting as magistrate sentencing appellant to reformative training – Whether district judge can make such order – Whether district judge acting beyond sentencing powers – Correct course of action in such situation – ss 13(1), 13(2) & 13(3)(a) Criminal Procedure Code (Cap 68)


Criminal Law – Offences – Membership of unlawful assembly – Whether mere passive presence sufficient to constitute membership of unlawful assembly – ss 141(c), 142, 146 & 147 Penal Code (Cap 224) — Evidence – Admissibility of evidence – Credibility of witnesses – Discrepancies in witnesses' testimonies – Whether discrepancies material – Whether credibility impeached — Evidence – Proof of evidence – Corroboration – Witness only a minor – Whether trial judge can convict appellant solely on testimony of minor — Evidence – Weight of evidence – Identification of accused – Identification of appellant by only one of four victims of assault – Whether identification of appellant wrong – Weight of identification evidence – Application of guidelines in Heng Aik Ren Thomas v PP


Immigration – Employment – Illegal foreign worker – Abetment – Manager charged with abetting registered proprietor of lounge in employing illegal foreign worker – Circumstantial evidence against manager – Manager claiming demotion and removal of authority to employ workers – Whether principal offence committed – Whether abetment charge can be preferred even if actus reus of principal offence not established – Whether prosecution established prima facie case at close of its case – Whether prosecution proved case beyond reasonable doubt at conclusion of trial – ss 5(1), 6, 23(1) Employment of Foreign Workers Act (Cap 91A, 1997 Ed) — Evidence – Proof of evidence – Standard of proof – Circumstantial evidence – Evidence against accused circumstantial in nature – Relevant test on whether prosecution established prima facie case – Whether circumstantial nature of evidence changes application of Haw Tua Tau test – Whether test in Ang Sunny v PP should be applied at close of prosecution's case or close of trial – Whether circumstantial nature of evidence prevents prosecution from proving case beyond reasonable doubt


Evidence – Admissibility of evidence – Defendant convicted in criminal trial of causing death and serious injury due to his negligent driving – Whether his convictions were relevant in the present civil proceedings – Whether the statement of facts in the criminal proceedings were admissible as evidence in the present proceedings — Tort – Negligence – Contributory negligence – Plaintiffs claiming against defendant for negligent driving resulting in serious injury and death – Whether the defendant could seek contribution from the two plaintiffs on the ground of contributory negligence


Tort – Negligence – Personal injury – Defective equipment – Scope of Liability in Negligence – Implied Terms of Contract.


Civil Procedure – Judgments and orders – Unless orders – Default judgment pursuant to non-compliance with unless order – Setting aside irregular judgment — Civil Procedure – Rules of court – Non-compliance – Non-compliance – Whether corporate litigants may act without solicitors in legal proceedings – O 5 r 6(2)Rules of Court


Damages – Aggravation – Tort – Whether decision to award aggravated damages must be made by person assessing damages – Whether aggravated damages should be awarded — Evidence – Witnesses – Witnesses' credibility – Corroboration – Weight given to evidence by non-neutral persons – Whether second defendant had spoken the words complained of — Tort – Defamation – Defamatory statements – Second defendant making defamatory remarks regarding plaintiffs – Natural and ordinary meaning of words – Whether words complained of defamatory — Tort – Defamation – Vicarious liability – Defences – Whether knowledge, approval and consent constituting elements of vicarious liability — Words and Phrases – Definition – "Calculated to disparage the plaintiff in any office, profession, calling, trade or business" – Section 5 Defamation Act (Cap 75, 1985 Rev Ed)


Insolvency Law – Winding up – Presentation of winding up petition based on unsatisfied statutory demand – Whether statutory demand valid – Whether judgment debt due and accruing – Whether presentation of winding up petition should be restrained based on invalid statutory demand — Insolvency Law – Winding up – Presentation of winding petition by judgment creditor – Judgment subject to appeal – Whether presentation an abuse of process – How restraint of petition for winding up should be decided – Judgment debt an undisputed debt – Whether presentation should be restrained


Evidence – Principles – Conviction based solely on a complainant's evidence – Guidelines to be followed – Whether guidelines followed in this case — Evidence – Weight of evidence – Whether prosecution case proven beyond reasonable doubt – Whether evidence supports a finding of guilt.


Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Principles


Criminal Procedure and Sentencing – Sentencing – Principles – Appellant sentenced to term of imprisonment and caning for one of three charges for offences of outrage of modesty – Appellant suffering from nasopharyngeal cancer – Whether court should exercise judicial mercy on account of appellant's ill health and vary sentence of imprisonment and caning to fine — Evidence – Weight of evidence – Complainant sole witness to and victim of sexual offences committed by appellant – Whether complainant's testimony unreliable because of inconsistencies – When inconsistencies in testimony undermining witness's credibility


Land – Strata titles – Collective sales – Subsidiary proprietors selling lots after signing collective sale agreement – Purchasers of lots not signing collective sale agreement within permitted time – Whether para 1 of the Schedule of Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) complied with – Whether compliance mandatory – Sections 3, 84A and the Schedule of Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)


Civil Procedure – Appeals – Ancillary matters – Certificate for two counsel on appeal – Whether appeal raises issues of great complexity – Whether certificate should be issued — Civil Procedure – Interim payments – Refund of judgment sum paid – Rate of interest payable on refund – Whether court should concentrate on restitution from respondent or compensation to appellants — Civil Procedure – Offer to settle – Whether offer falling within O 22A r 9(3) – Whether offeror entitled to costs on indemnity basis from date of offer to settle – O 22A r 9(3)Rules of Court


Criminal Procedure and Sentencing – Sentencing – Preventive detention – Applicable principles – Whether preventive detention appropriate – Whether court had discretion not to impose preventive detention once threshold test met – Whether prospect of remission relevant consideration – Whether appropriate to consider length of imprisonment previously imposed on offender – ss 12(2)(a) & 12(2)(b) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Mitigation – Hardship to offender's family of little mitigating value save in exceptional circumstances — Criminal Procedure and Sentencing – Sentencing – Powers of sentencing court – Jurisdictional limit of district court – ss 11(3) & 17 Criminal Procedure Code (Cap 68, 1985 Rev Ed)


Arbitration – Challenge against arbitrator – Application for removal of arbitrator – Whether grounds for such removal made out – Arbitration Act (Cap 10, 1985 Rev Ed) ss 17 and 18


Contract – Formation – Whether oral agreement concluded between parties — Contract – Consideration – Past consideration – Plaintiff providing assistance to defendant to clinch project – Whether such assistance constituting sufficient consideration for subsequent agreement — Contract – Formalities – Whether requirements under s 6(e) Civil Law Act (Cap 43, 1999 Rev Ed) fulfilled


Civil Procedure – Costs – Taxation – Application for review of taxation -Legal or factual disputes not involving neutral party – Whether costs awarded to neutral party excessive


Conflict of Laws – Natural forum – Both parties Indonesian citizens – Both having homes, assets and business interests in Singapore and Indonesia – Plaintiff seeking to enforce oral agreement allegedly made in Singapore – Defendant seeking stay of action – Whether Indonesia more appropriate forum – Factors to consider – Whether complex issues under Indonesian law relevant


Tort – Negligence – Contributory negligence – Motorcyclist and bus colliding in intersection – Motorcyclist killed in collision – Whether motorcyclist contributorily negligent by proceeding straight across intersection even though traffic light green in his favour – Whether motorcyclist's blood alcohol concentration of 68mg/100ml rendering him unfit to ride at time of accident


Building and Construction Law – Contractors’ duties – Breach of statutory duty – Building under construction – Failure to make and keep safe place of work – Absence of overhead protection along periphery of building – Inadequate safety netting – Joint and several liability – Whether one judgment sum against all defendants – s 33(3), 88(1, 88(2)) &88(3) Factories Act (Cap 104, 1998 Ed) – regs 5(1) & 100 Factories (Building Operations and Works of Engineering Construction) Regulations (Cap 104, Rg 8, 1999 Ed) — Building and Construction Law – Construction torts – Building under construction – Accident caused by inexperienced and unqualified workers – Occupier's liability – Degree of control – Duty to use reasonable care not to create trap or allow concealed danger of which occupier knows or ought to know about – Concealed danger along perimeter of building at ground level due to falling objects – Absence of overhead protection – Inadequate warning of concealed danger – Unsafe work practices – Negligence – Contributory negligence – Liability for breach of duty – Joint and several liability – Whether one judgment sum against all defendants — Civil Procedure – Costs – Plaintiff persisting in claim against second defendants despite absence of blame against them by other defendants – Whether 'Sanderson' or 'Bullock' order appropriate — Employment Law – Contract of service – Contract for service – Distinction – Master and servant — Evidence – Admissibility of evidence – First defendants pleading guilty to offence under Factories Act – Whether fact of conviction admissible in evidence to prove commission of offence – s 45A(1) Evidence Act (Cap 97, 1997 Ed) – ss 33(3), 88(1) & 89(2) Factories Act (Cap 104, 1998 Ed) – regs 5(1) &5(3) Factories (Building Operations and Works of Engineering Construction) Regulations (Cap 104, Rg 8, 1999 Ed) — Insurance – Policyholders – Extent of policy's coverage


Banking – Lending and security – Charge on monies in fixed deposit account to secure banking facilities – Construction of clauses – Nature and scope of charge – Whether charge in respect of all monies owing to Bankt from any account – Whether termination of overdraft facility affects validity or enforceability of charge over fresh facilities – Whether Bankt estopped from enforcing charge – Whether obligated to inform surety of 'unusual features'


Civil Procedure – Pleadings – Defence – Particulars of defence of duress not pleaded – Effect on defendant's case — Civil Procedure – Summary judgment – Whether to set aside summary judgment and grant defendant leave to defend claim – Whether defendant had real or bona fide defence — Contract – Discharge – Breach – Whether intimidation a defence to breach of contract of compromise — Contract – Duress – Illegitimate pressure – Whether threat to enforce one's legal rights could amount to duress — Tort – Defamation – Defamatory statements – Republication – Words republished by mass media – Whether defendant liable for republication — Tort – Defamation – Defamatory statements – Whether defamatory in natural and ordinary meaning or by way of innuendo


Unincorporated Associations and Trade Unions – Friendly societies – Disputes – Whether court proper avenue to settle dispute between members of association – Whether breach of association's constitution and rules taking place – Whether to allow plaintiffs' application for disclosure of association's documents and correspondence where such application not connected to any principal dispute between parties


Criminal Procedure and Sentencing – Mitigation – Accused pleading guilty to charge of culpable homicide not amounting to murder – Accused's only antecedent took place in 1979 – Accused starting quarrel but not inflicting the first blow – Accused turning 50 years old in six months – Appropriate sentence to be imposed


Criminal Law – Statutory offences – Employment of Foreign Workers Act – Employing foreign worker outside conditions of work permit – Sections 5(3), 22(2) Employment of Foreign Workers Act (Cap 91A, 1997 Rev Ed) — Criminal Procedure and Sentencing – Appeal – Finding of fact by trial judge based on assessment of witnesses' credibility and veracity – Whether such finding plainly wrong or against weight of evidence — Criminal Procedure and Sentencing – Sentencing – Whether sentence manifestly excessive – Appellant previously convicted for different offence – Appellant accusing Prosecution witnesses of lying at trial


Tort – Confidence and trade secrets – Whether plaintiff adduced sufficient evidence to sustain an action for unauthorized use of confidential information and trade secrets. — Tort – Inducement of breach of contract – Whether third defendant guilty of inducing first and second defendant to join company in breach of their civil obligations to plaintiff.


Civil Procedure – Third party proceedings – Failure to serve third-party notice before conclusion of main action – Legislative intent and construction of provisions on third-party proceedings – Whether third-party action validly constituted


Admiralty and Shipping – Carriage of goods by sea – Voyage charterparties – Fixture note for vessel stating tanks epoxy coated – Fixture incorporated in Vegoilvoy form – Whether coating failure was of such magnitude as to undermine contract for coated tanks or affecting vessel's cargoworthiness – Whether contractual agreement to cancel fixture without liability existing – Whether elements of clause to trigger its efficacy existing


Administrative Law – Judicial review – Discretion of Strata Title Board to fix hearing dates – Strata Title Board fixing hearing on date after its mandate expired and after contractual deadline for obtaining Board's approval for collective sale in sale and purchase agreement – Whether Strata Title Board and its Registrar had exercised discretion illegally and/or irrationally in Wednesbury sense by fixing hearing on date beyond its mandate and was exercise in futility — Land – Strata titles – Collective sales – Discretion of Strata Title Board to fix hearing dates – Duty of Strata Title Board to act expeditiously – Strata Title Board fixing hearing on date after its mandate expired and after contractual deadline for obtaining Board's approval for collective sale in sale and purchase agreement – Whether Strata Title Board had to make final order or determination within six months from date constituted – Section 92(9) Building Maintenance and Strata Management Act 2004 (Act 47 of 2004) – Regulation 20 Building Maintenance and Strata Management (Strata Titles Boards) Regulations 2005 (S 195/2005)


Criminal Procedure and Sentencing – Mitigation – Failure of appellant to attend at place of duty without leave – Whether appellant's lack of criminal antecedents carries mitigating value – s 48(1) Civil Defence Act (Cap 42) — Criminal Procedure and Sentencing – Sentencing – Whether public interest involved in National Service justifies deterrent sentence


Companies – Winding up – Whether winding up order to be set aside where company intended to file application for scheme of arrangement. — Companies – Winding up – Whether to allow substitution of petitioning creditor.


Family Law – Maintenance – Wife – Whether entitled to maintenance — Family Law – Matrimonial assets – Division – Whether wife entitled to larger share of matrimonial assets


Legal Profession – Admission – Ad hoc – Admission of Queen's Counsel – Whether issues raised in appeals sufficiently difficult or complex to warrant admission of Queen's Counsel – Section 21(1) Legal Profession Act (Cap 161, 2001 Rev Ed).


Administrative Law – Disciplinary proceedings – Whether misconduct of private non-state agent in procuring incriminating evidence against professional person compromising integrity of disciplinary process – Whether doctrine of abuse of process applicable to disciplinary proceedings – Sections 415, 511 Penal Code (Cap 224, 1985 Rev Ed) — Evidence – Admissibility of evidence – Whether evidence entrapment or illegally obtained — Legal Profession – Disciplinary procedures – Whether evidence inadmissible because illegally or improperly obtained – Whether motive of law firm instigating sting operation relevant — Legal Profession – Professional conduct – Breach – Lawyer paying referral fee to estate agent in fictitious conveyancing transaction – Sections 83(2)(d), 83(2)(e), 83(2)(h) Legal Profession Act (Cap 161, 2001 Rev Ed) – Rule 11A(2)(b) Legal Profession (Professional Conduct) Rules (Cap 161, R 1, 2000 Rev Ed)


International Law – Sovereign immunity – Entity not recognised by Singapore government as state under State Immunity Act (Cap 313, 1985 Rev Ed) – Whether entity has capacity to be sued in Singapore courts — International Law – Sovereign immunity – Taiwanese civil aviation authority applying to set aside third party proceedings, claiming immunity under the State Immunity Act (Cap 313, 1985 Rev Ed) – Ministry of Foreign Affairs' refusal to issue s 18 certificate under State Immunity Act – Whether court competent to determine on other evidence if Taiwan is state within State Immunity Act – Whether court may grant immunity on ground that Taiwan is recognised de facto as a state – State Immunity Act (Cap 313, 1985 Rev Ed) — International Law – Sovereign immunity – Whether entity within scope of State Immunity Act (Cap 313, 1985 Rev Ed) – Approach of courts where answers from Ministry of Foreign Affairs unclear or Ministry of Foreign Affairs fails to give an answer


Civil Procedure – Appeals – Inquiry into assets of estate – Whether assistant registrar gave appellant opportunity to put forward best case – Whether assistant registrar erred in excluding various assets as part of estate — Probate and Administration – Account – Difference between common account and account on basis of wilful default – Whether present account was common account or account on basis of wilful default – Whether unrealised assets could be included in common account – Whether beneficiary could pick and choose in common account when trustee used money from mixed fund – Whether undervalue was relevant in common account — Trusts – Breach of trust – Identification of trust property – Administrator mixed estate funds with personal funds in bank account – Effect of mixing trust funds with trustee's personal funds – Whether assistant registrar erred in refusing to include entire account as part of estate


Admiralty and Shipping – Admiralty jurisdiction and arrest – Sale of arrested ship and payment of sale proceeds – Appearance entered by defendants – Determination of ownership of vessel – Application by interveners to stay proceedings – Whether proceedings should be stayed and remitted to foreign court at such stage – High Court (Admiralty Jurisdiction) Act (Cap 123)


Contract – Champerty – Agreement between plaintiff and defendant for plaintiff to assist defendant in securing settlement in legal proceedings between defendant and third party – Whether agreement champertous and unenforceable – Whether law of champerty applying to all kinds of legal disputes including those referred to arbitration — Contract – Formation – Agreement between plaintiff and defendant for plaintiff to assist defendant in securing settlement in legal proceedings between defendant and third party – Plaintiff alleging agreement subsequently revised and plaintiff entitled to larger percentage of settlement sum -Whether concluded agreement to revise plaintiff's compensation existing – Whether plaintiff entitled to payment under agreement


Criminal Procedure and Sentencing – Sentencing – Appeals – Young offenders – Accused charged with robbery and theft in dwelling – Relevant sentencing considerations – Whether rehabilitation or deterrence dominant consideration given seriousness of offence, culpability of accused and commission of shoplifting while out on court bail – How court struck balance between giving effect to rehabilitative considerations and need for deterrence particularly where young offenders were concerned


[Arbitration — Enforcement — Foreign award — Breach of “unless order” made in proceedings to enforce foreign award — Whether striking out proceedings to enforce foreign award contrary to Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958 — Articles III and V of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958] — [Civil Procedure — Production of documents — Breach of “unless orders” — Whether “unless order” for production of documents breached — Whether “plain and obvious” that party in “possession or control” of further documents responsive to specific production order — Test for “control” — O 11 r 3 of the Rules of Court 2021] — [Civil Procedure — Striking out — Breach of “unless order” — Whether sanction in “unless order” automatic in effect — Whether striking out proportionate response to breach of “unless order” — Scope of inquiry into proportionality]


Contract – Contractual terms – Implied terms – Whether recommended general terms and conditions can be implied to give business efficacy to a contract. — Contract – Contractual terms – Implied terms – Whether recommended general terms and conditions can be incorporated into a contract on the basis that such conditions reflect custom and practice. — Tort – Conversion – Claim in conversion – Whether defendants had converted racehorse by mistakenly sending it to Ipoh. — Tort – Negligence – Negligent advice – Whether racehorse trainer's assessment of racehorse's suitability for racing constituted negligent advice.


Damages – Assessment – Appeal – Whether court entitled to rely on auditors' evidence in determining partnership assets – Failure to keep proper accounts and to reveal tax returns – Estimation of profits in absence of proper accounts — Partnership – Partners inter se – Accounts – Right to accurate accounts and access to books and accounts – Partnership Act (Cap 391, 1994 Rev Ed) s 24 — Partnership – Partners inter se – Sharing of profits and losses – Assessment of partnership profits to be shared


Conflict of Laws – Choice of jurisdiction – Stay of proceedings – Accident in Malaysia – Defendant's car hit the rear of plaintiff's car – Plaintiff resident in Singapore – Whether Singapore or Malaysia the more appropriate forum


Criminal Law – Controlled drugs – Trafficking – Whether Prosecution proved that drugs were in possession of accused – Whether accused rebutted presumption that drugs in his possession were for the purposes of trafficking


Civil Procedure – Costs – Security for costs – Defendants insolvent – Order for defendants to furnish security – Plaintiffs' application for security made at late stage of proceedings and oppressive – Whether order for security for costs should be set aside – Factors to take account of – s 388 Companies Act (Cap 50, 1994 Ed)


Legal Profession – Admission – Ad hoc admission of Queen's Counsel – Three-stage test for admission – Whether issues raised in appeals sufficiently difficult or complex to warrant admission of Queen's Counsel – Application of the principle of equality of arms – Section 21 Legal Profession Act (Cap 161, 2001 Rev Ed)


Civil Procedure – Appeals – Leave – Whether leave to appeal required – Proper interpretation of s 21(1) Supreme Court of Judicature Act (Cap 322).


Insolvency Law – Bankruptcy – Petition – Appeal – Whether bankruptcy order should be set aside – Whether bank had fully complied with provisions in raising presumption that debtor was unable to pay debts-Bankruptcy Act (Cap 20) ss 62(a) and 65(3).


Conflict of Laws – Choice of jurisdiction – Relevant factors at stage one of Spiliada test – Whether third-party action should be tried together with main action – Whether third-party action integral and inseparable part of main action — Conflict of Laws – Choice of law – Contract – Restitution – Whether choice of law clause in void or non-existent contract should apply to consequential restitutionary claim – Distinguishing between contracts parties intended to enter into but subsequently became ineffective or void due to contractual failure, and void contracts where there was no meeting of the minds to enter into that particular contract — Contract – Effect of fraud on existence of contact – Common ground that no contract between parties under which payment could have been made by purchaser to seller – Whether choice of law clause in non-existent contract should apply to purchaser's claim to recover payment