{"_id":"keywords_2001_SGHC_40","text":"Banking – Performance bonds – Call on bond – Whether bondsman seeking to resist call has recourse to underlying contract between employer and contractor where contractor not party to suit"}
{"_id":"keywords_2006_SGHC_36","text":"Civil Procedure – Mareva injunctions – Whether court having jurisdiction to issue Mareva injunction over Singapore assets of foreigner in support of foreign arbitration – Section 12(7) International Arbitration Act (Cap 143A, 2002 Rev Ed) — Civil Procedure – Service – Application for leave to serve out of jurisdiction originating summons taken out under International Arbitration Act – Requirements to be satisfied under Rules of Court – Order 11 r 1, O 69A r 3, O 69A r 4 Rules of Court (Cap 322, R 5, 2004 Rev Ed)"}
{"_id":"keywords_2004_SGHC_2","text":"Employment Law – Contract of service – Termination with notice – Continued absence for more than two days – Whether employer entitled to terminate contract of service under s 13 Employment Act – Section 13(2) Employment Act (Cap 91, 1996 Rev Ed)"}
{"_id":"keywords_2002_SGCA_19","text":"Criminal Law – Statutory offences – Misuse of Drugs Act – Trafficking in controlled drug – Whether appellant raises reasonable doubt – ss 5(1)(a), 5(2) & 17 Misuse of Drugs Act (Cap 185, 1998 Ed) — Evidence – Admissibility of evidence – Involuntariness – Trafficking in controlled drug – Appellant challenging admissibility of self-incriminating statements on ground of involuntariness – Whether statements involuntary – Objective and subjective requirements – Whether failure to offer food or drink for eight hours oppressive – Whether appellant affected even if allegations of pain, hunger and inducement true"}
{"_id":"keywords_2005_SGHC_43","text":"Banking – Lending and security – Plaintiff bank issuing conclusive evidence certificate – Whether certificate arrogating to plaintiff bank sole right to judge propriety of its claim against defendant borrower – Whether court precluded from reviewing legal basis of plaintiff's claim — Contract – Collateral contracts – Whether collateral contract existing to limit terms of guarantee — Contract – Contractual terms – Construction of guarantee – Whether guarantee should be interpreted in context of existing facts – Whether subsequent conduct of parties and evidence of subjective views may be considered when interpreting guarantee"}
{"_id":"keywords_2003_SGHC_194","text":"Civil Procedure – Costs – Principles – Whether successful defendant should have his taxed costs held in escrow, until determination of fresh set of proceedings against him by same plaintiff, based on same facts"}
{"_id":"keywords_2003_SGHC_172","text":"Civil Procedure – Summary judgment – Whether application to amend statement of claim could be heard pending appeal against decision in respect of O 14 application based on original statement of claim – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 14"}
{"_id":"keywords_2001_SGHC_22","text":"Companies – Winding up – Company unable to pay debts – Whether appropriate case for winding up"}
{"_id":"keywords_2007_SGHC_82","text":"Revenue Law – Property tax – Appeal against valuation and assessment – Whether machinery located in subject property falling within one or more exclusions provided by s 2(2) Property Tax Act (Cap 254, 2005 Rev Ed) – Whether pipelines extending beyond boundaries of subject property ought to be included in property tax assessment – Whether contractor's test method correct method of assessment — Statutory Interpretation – Construction of statute – Purposive approach – Whether water as article had been made or altered or adapted for sale under s 2(2) Property Tax Act (Cap 254, 2005 Rev Ed)"}
{"_id":"keywords_2000_SGHC_77","text":"Criminal Law – Offences – Unlawful assembly – \"Common object\" – \"Common intention\" – Distinction between common object and common intention – ss 141, 146 Penal Code (Cap 224) — Criminal Law – Offences – Unlawful assembly – Members of unlawful assembly armed with deadly weapons – Whether sufficient evidence to establish charge – ss 146, 148 Penal Code (Cap 224) — Evidence – Witnesses – Failure of defendant to call material witnesses – Whether adverse presumption should be drawn against defendant – Effect of presumption – s 116 (g) Evidence Act (Cap 97) — Evidence – Previous inconsistent statements – Human fallibility in observation and recollection of events – Whether discrepancies sufficient to destroy credibility of witness"}
{"_id":"keywords_2005_SGHC_25","text":"Bills of Exchange and Other Negotiable Instruments – Cheques – Cheque truncation – Whether Cheque Truncation System modifying contractual obligations or liabilities on instrument intended to be negotiable instrument – Sections 89, 90 Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Duties of holder – Notice of dishonour – Whether notice of dishonour dispensed with – Whether defendant prejudiced or inconvenienced by failure to serve timeous notice of dishonour – Section 50(3)(c)(iv) Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Duties of holder – Presentment for payment – Whether bills of exchange must be presented for payment to engage payment undertaking of drawer or indorser – Whether requirement of presentment excused where drawer having no reason to believe bill would be paid if presented – Whether burden on defendant to satisfy court that presentment of cheque would have been appropriate and meaningful – Sections 45(1), 45(2), 46(3)(c) Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Bills of Exchange and Other Negotiable Instruments – Presentation for payment – Plaintiff's bank returning cheque without physical presentment to defendant's bank – Whether plaintiff effecting proper presentment of cheque on defendant or defendant's bank qua agent – Sections 45(1), 45(2), 46(3)(c) Bills of Exchange Act (Cap 23, 1999 Rev Ed)"}
{"_id":"keywords_2005_SGHC_62","text":"Companies – Oppression – Parties agreeing not to pursue issue of oppression in court – Whether court having jurisdiction to grant relief under s 216(2) of the Companies Act where no finding of oppression made – Section 216 Companies Act (Cap 50, 1994 Rev Ed) — Companies – Shares – Valuation of shares – Court invited to determine pricing mechanism for purchase/sale of plaintiff company's shares in defendant company – Expert appointed to value defendant company's shares – Valuation unfavourable to plaintiffs – Whether grounds for court to enhance valuation of such shares existing"}
{"_id":"keywords_2009_SGHC_143","text":"Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Basis of court's power to order striking out — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Factors to be considered in making decision to order striking out – Intention behind destruction — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Destruction of documents before and after commencement of action – Factors to be considered in making decision to order striking out – Whether possibility of fair trial was determinative factor — Civil Procedure – Striking out – Principles governing court's exercise of discretion – Plaintiff deliberately suppressing documents in discovery process – Whether striking out of statement of claim and defence to counterclaim justified"}
{"_id":"keywords_2005_SGCA_27","text":"Companies – Winding up – Fraudulent trading – Respondents using new company to carry on business of old company against which winding up proceedings pending – Appellant creditor alleging respondents using new company to put old company's assets out of reach from creditors – Whether respondents causing old company to conduct business with intent to defraud creditors – Essential elements of fraud – Whether subjective or objective standard of honesty applicable when determining whether fraudulent intent existing – Section 340(1) Companies Act (Cap 50, 1994 Rev Ed) — Evidence – Proof of evidence – Standard of proof – Whether civil standard of proof of balance of probabilities applicable in civil cases involving fraud"}
{"_id":"keywords_2002_SGHC_234","text":"Family Law – Matrimonial assets – Division – Parties entering into agreement relating to division of matrimonial assets – Husband claiming return of missing personal belongings – Onus on husband to prove entitlement to items – Determination of ownership of property in accordance with terms of deed — Civil Procedure – Costs – Appropriate order – Consideration of interest of parties' children in making costs order"}
{"_id":"keywords_2005_SGCA_32","text":"Civil Procedure – Costs – Principles – Solicitors taking further steps in proceedings without obtaining Official Assignee's sanction despite client being adjudged bankrupt – Whether costs wasted due to failure of applicant's solicitors to conduct proceedings with reasonable competence and expedition – Whether applicant's solicitors personally liable for costs – Orders 59 r 8(1), 59 r 8(2) Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Insolvency Law – Bankruptcy – Bankruptcy effects – Bankrupt taking further steps in proceedings without obtaining Official Assignee's sanction – Conditional sanction subsequently granted by Official Assignee – Bankrupt failing to satisfy condition by time of hearing – Whether bankrupt competent to pursue matter – Section 131(1)(a) Bankruptcy Act (Cap 20, 2000 Rev Ed)"}
{"_id":"keywords_2005_SGHC_111","text":"Companies – Oppression – Defendants refusing to purchase plaintiff's shares in company – Whether defendants' refusal to purchase plaintiff's shares constituting oppressive conduct – Section 216(1)(a) Companies Act (Cap 50, 1994 Rev Ed) — Companies – Oppression – Whether alleged oppression continuing up to date of proceedings – Whether plaintiff's claims within ambit of s 216(1)(a) Companies Act – Section 216(1)(a) Companies Act (Cap 50, 1994 Rev Ed)"}
{"_id":"keywords_2002_SGCA_14","text":"Land – Compulsory acquisitions – Compensation – Appeal from decision of Land Acquisition Appeals Board – Whether Appeals Board correct to take into account provisional permission to amend development plans in awarding compensation – s 33(5)(e) Land Acquisition Act (Cap 152)"}
{"_id":"keywords_2001_SGHC_193","text":"Criminal Law – Offences – Criminal force and assault – Using criminal force with intent to outrage modesty – Child complainant – Whether offences proven – s 354 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Sentencing – Whether manifestly excessive – Benchmark for sexual offences involving victim's private parts -Whether totality principle breached — Criminal Procedure and Sentencing – Statements – Admissibility – Complainant's statement to police – Application by defence for court to refer to statement – Correct approach to such application – Whether court has discretion to refer to statement – s 122(2) Criminal Procedure Code (Cap 68) — Evidence – Weight of evidence – Sexual offences – Failure to report incident immediately to police – Whether need to report immediately exists – Whether delay in filing police report justified — Evidence – Witnesses – Evidence – Witnesses – Allegations of conspiracy and contamination of evidence – Whether allegations proven — Evidence – Witnesses – Corroboration – Sexual offences – Child complainant – Lack of independent corroboration – Approach of court"}
{"_id":"keywords_2004_SGHC_15","text":"Companies – Shares – Transfer – Whether draft agreement for transfer of shares had legal effect – Whether there was requirement that sale and purchase of shares must be evidenced in writing. — Contract – Formation – Certainty of terms – Whether indemnity clause in contract for supply meant to be enforceable – Whether defendant can rely on indemnity clause in action against the third parties."}
{"_id":"keywords_2001_SGCA_41","text":"Contract – Contractual terms – Construction of deed – Principles of construction – Facts relevant to construction of deed – Whether deed in nature of indemnity or warranty — Credit and Security – Guarantees and indemnities – Contracts of indemnity – When cause of action arises – Whether breach of obligations under indemnity gives rise to action for damages at law"}
{"_id":"keywords_2004_SGHC_201","text":"Criminal Law – Statutory offences – Misuse of Drugs Act – Interpretation – Whether necessary to adopt purposive interpretation of \"trafficking\" – Whether appellant's actions falling within ambit of \"trafficking\" even if purposive interpretation adopted – Sections 2, 5 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Law – Statutory offences – Misuse of Drugs Act – Whether appellant's acts satisfying definition of \"traffic\" – Section 2 Misuse of Drugs Act (Cap 185, 2001 Rev Ed) — Criminal Procedure and Sentencing – Charge – Alteration – Entrapment carried out by Central Narcotics Bureau officers – Whether court should convict appellant on lesser offence than that arising out of entrapment"}
{"_id":"keywords_2006_SGHC_165","text":"Criminal Procedure and Sentencing – Mitigation – Accused charged with raping daughter – Accused pleading guilty to rape charge – Accused sole breadwinner of family and arguing that long-term imprisonment would cause substantial hardship to family – Weight to be attached to such circumstances in sentencing accused — Criminal Procedure and Sentencing – Mitigation – Plea of guilt – Whether true remorse present – Relevance of willingness to facilitate the course of justice – Discount to be applied — Criminal Procedure and Sentencing – Sentencing – Accused charged with raping daughter – Accused pleading guilty to rape charge – Relevance of prior convictions – Whether prior unrelated criminal antecedents to be considered in sentencing — Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Accused charged with raping daughter – Accused pleading guilty to rape charge – Relevant sentencing considerations — Criminal Procedure and Sentencing – Sentencing – Principles – Accused charged with raping daughter – Accused pleading guilty to rape charge – Importance of deterrence as consideration in sentencing for sexual offences"}
{"_id":"keywords_2003_SGHC_285","text":"Criminal Law – Statutory offences – Arms Offences Act — Criminal Law – General exceptions – Accident – Whether made out — Criminal Procedure and Sentencing – Statements – Voluntariness – Whether threat or inducement"}
{"_id":"keywords_2004_SGHC_157","text":"Building and Construction Law – Building and construction contracts – Defects in condominium development – Property transferred to management corporation – Whether plaintiff developer was right party to sue under contract — Building and Construction Law – Building and construction contracts – General rule that plaintiff may only recover substantial damages for breach of contract if plaintiff suffered loss – Whether any exception to rule for building and construction contracts — Civil Procedure – Limitation – Meaning of \"knowledge\" under s 24A(2)(b) Limitation Act – Whether plaintiff's claims against defendants time-barred – Section 24A(2)(b) Limitation Act (Cap 163, 1999 Rev Ed) — Civil Procedure – Limitation – Plaintiff having two separate causes of action against defendants – Whether barring of one claim rendered other claim time-barred – Section 24A(2)(b) Limitation Act (Cap 163, 1999 Rev Ed)"}
{"_id":"keywords_2006_SGHC_16","text":"Insolvency Law – Winding up – Liquidator – Liquidators bringing action on behalf of insolvent estate – Whether liquidators personally liable to winning party for shortfall in costs owed by insolvent estate if liquidators in breach of estate costs rule"}
{"_id":"keywords_2005_SGHC_15","text":"Civil Procedure – Costs – Whether respondent's behaviour in not accepting offer to settle affects costs awarded — Civil Procedure – Costs – Whether appellant's less-than-clear offer to settle affects costs awarded"}
{"_id":"keywords_2009_SGHC_131","text":"Civil Procedure – Costs – Security"}
{"_id":"keywords_2005_SGHC_220","text":"Banking – Letters of credit – Applicable principle – Issuing bank sending notice of refusal – Negotiating bank re-presenting amended documents for reimbursement – Issuing bank failing to send another notice of refusal – Whether issuing bank can rely on discrepancies stated in notice of refusal to resist payment to negotiating bank — Banking – Letters of credit – Applicable principle – Letter of credit containing non-documentary condition – Whether effect to be given to non-documentary condition in spite of incorporation of Art 13(c) Uniform Customs and Practice for Documentary Credits 1993 (International Chamber of Commerce Publication No 500) — Contract – Contractual terms – Rules of construction – Apparent conflict between provisions of letter of credit – Whether apparently conflicting provisions may be read harmoniously"}
{"_id":"keywords_2002_SGHC_235","text":"Criminal Procedure and Sentencing – Sentencing – Interpretation of phrase \"shall be liable...to a fine of $1,000\" in s 30(2)(a) Films Act (Cap 107, 1998 Rev Ed) – Whether a minimum fine of $1,000 must be imposed — Statutory Interpretation – Construction of statute – Purposive approach – Use of relevant debates in Parliament – Interpretation Act (Cap 1, 1997 Rev Ed) s 9A(1), (2)(b), (3)(d) — Statutory Interpretation – Interpretation act – Interaction of sections – Interaction of ss 9A(1) and 41 Interpretation Act – Precedence of s 9A(1) Interpretation Act (Cap 1, 1997 Rev Ed)"}
{"_id":"keywords_2007_SGHC_222","text":"Insurance – General principles – Claims — Insurance – Interpretation of clauses in life policy – Whether broad or strict interpretation should apply"}
{"_id":"keywords_2000_SGHC_239","text":"Agency – Construction of agent’s authority – Whether specific or general authority given by customer to bank employee to enter into banking transactions — Banking – Accounts – Duty of customer – Whether customer under duty to inform bank of unauthorised transactions which customer becomes aware of — Equity – Estoppel – Estoppel by representation – Whether doctrine of estoppel applicable — Evidence – Admissibility of evidence – Whether evidence given in criminal proceedings – ss 32(c) & 45A Evidence Act (Cap 97) – Whether incriminating statements admissible – Matters admissible under s 45A Evidence Act (Cap 97) — Tort – Conspiracy – Conspiracy to injure by unlawful means – Whether defendants party to agreement to injure by unlawful means — Tort – Inducement of breach of contract – Whether customer induces employee to breach employment contract with bank — Trusts – Accessory liability – Dishonest accessory liability – Elements to be proved – Test of dishonesty – Whether defendants dishonest – Whether claim made out"}
{"_id":"keywords_2006_SGCA_7","text":"Revenue Law – Income taxation – Jurisdiction – Whether gains from exercise of stock options amounting to income under s 10(5) Income Tax Act – Whether income deriving from or accruing in Singapore – Sections 10(1), 10(5) Income Tax Act (Cap 134, 1996 Rev Ed)"}
{"_id":"keywords_2005_SGCA_31","text":"Criminal Law – Offences – Murder – Interpretation of s 300(c) Penal Code – Accused intending to inflict injury found on victim – Accused not aware injury sufficient in course of nature to cause victim's death – Whether injury inflicted accidentally – Section 300(c) Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Knives brought by accused to frighten victim but eventually used to injure victim – Whether use of knives in furtherance of common intention to rob – s 34 Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2005_SGCA_24","text":"Civil Procedure – Costs – Principles – Whether factors listed in O 59 r 6A Rules of Court exhaustive – Whether court entitled to consider circumstances over and above factors listed in O 59 r 6A when deciding on appropriate costs order – Order 59 r 2(2), O 59 r 6A Rules of Court (Cap 322, R5, 2004 Rev Ed) — Probate and Administration – Distribution of assets – Appellant administrator and beneficiary of estate and mother of second respondent – Appellant making various payments to second respondent – Whether payments amounting to distributions from estate or gifts from appellant – Applicable principles in determining whether payments distributions or gifts"}
{"_id":"keywords_2008_SGHC_162","text":"Civil Procedure – Amendments – Whether plaintiff might amend statement of claim after application for summary judgment first determined — Civil Procedure – Rules of court – Whether application for summary judgment under O 14 r 1 could be combined with striking out application under O 18 r 19 – Order 14 r 1 and O 18 r 19 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Civil Procedure – Summary judgment – Plaintiffs suing defendants for publishing allegedly defamatory articles about them – Whether articles defamatory in nature – Whether plaintiffs' applications for summary judgment should be allowed — Tort – Defamation – Defamatory statements – Whether allegedly defamatory words referring to plaintiffs – Whether allegedly defamatory words defaming plaintiffs – Whether the defendants entitled to rely on defences of justification, qualified privilege and fair comment – Whether court might reach meaning of allegedly defamatory words different from that pleaded"}
{"_id":"keywords_2005_SGHC_213","text":"Criminal Law – Statutory offences – Appellant convicted of employment of immigration offender – Whether appellant's conviction should be overturned — Criminal Law – Employment of immigration offender – 'Employ' – Whether element of employment made out – Section 57(1)(e) Immigration Act (Cap 133, 1997 Rev Ed) — Criminal Law – Employment of immigration offender – Mens rea – Whether appellant knew or had reasonable grounds for believing worker was an immigration offender — Criminal Procedure and Sentencing – Appeal – Adducing fresh evidence – Whether additional evidence may be adduced – Test for adducing fresh evidence – Section 257(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Appellant convicted of employment of immigration offender – Whether sentence imposed manifestly inadequate – Whether factors considered by trial judge justify derogation from benchmark sentence"}
{"_id":"keywords_2006_SGHC_7","text":"Patents and Inventions – Inventive step – Alleged infringement of patent for manufacturing process consisting of combination of known elements – Whether patent invalid for lack of inventiveness – Section 13(1) Patents Act (Cap 221, 2005 Rev Ed) — Patents and Inventions – Novelty – Alleged infringement of patent for manufacturing process consisting of combination of known elements – Whether process not new or novel due to prior use, prior disclosure to other parties and prior art – Sections 13(1), 14(1), 14(2) Patents Act (Cap 221, 2005 Rev Ed)"}
{"_id":"keywords_2003_SGCA_13","text":"Criminal Law – Complicity – Common object – common intention – limit to constructive liability. — Criminal Law – Offences – Murder – rioting – grievous hurt. — Evidence – Weight of evidence – Decisions of trial judge – Whether trial judge correct in accepting testimony of accused in court over previous incriminating statements to police – Whether trial judge correct in admitting statements of co-accused but choosing not to attach any weight to it"}
{"_id":"keywords_2024_SGHC_192","text":"[Insolvency Law — Winding up — Grounds for petition — Company owing debts — Whether company unable to pay its debts — Whether debt disputed — Sections 125(1)(e) and 125(2)(a) Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)]"}
{"_id":"keywords_2003_SGHC_20","text":"Civil Procedure – Service – Order granting service of writ out of jurisdiction – Whether order should be set aside — Civil Procedure – Stay of proceedings – Actions commenced in Singapore and South Africa – Whether Singapore more appropriate forum — Civil Procedure – Striking out – Whether action against defendants should be struck out"}
{"_id":"keywords_2002_SGHC_253","text":"Legal Profession – Application for part-call – Whether application may be made by person who is not applicant's pupil-master – Whether pupil's right of audience granted pursuant to a part-call application continues after pupillage ends – s 32 Legal Profession Act (Cap 161, 2001 Rev Ed)"}
{"_id":"keywords_2004_SGHC_132","text":"Damages – Assessment – Whether assistant registrar accurately assessed damages — Damages – Quantum – Whether quantum of damages inflated – Whether selected multiplier and multiplicand inaccurate"}
{"_id":"keywords_2002_SGHC_306","text":"Criminal Law – Elements of crime – Mens rea – Aiding and abetting commission of offence – Whether knowledge of offence proven – Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 6(a) read with 29(a)"}
{"_id":"keywords_2006_SGHC_86","text":"Contract – Consideration – Past consideration – Assignment in lieu of direct cash payment – Whether plaintiff's assignment of debt owed to third party to defendant made without consideration or for past consideration – Whether assignment made as partial payment for existing debts — Insolvency Law – Avoidance of transactions – Transactions at an undervalue – Whether plaintiff's assignment of debt owed to third party to defendant constituting transaction at an undervalue – Whether liquidator discharging burden of proving undervalue – Section 98 Bankruptcy Act (Cap 20, 2000 Rev Ed) — Insolvency Law – Avoidance of transactions – Unfair preferences – Whether plaintiff's assignment of debt owed to third party to defendant while plaintiff insolvent amounting to unfair preference – Whether assignment made with intent to prefer defendant over other creditors – Sections 99, 100(4) Bankruptcy Act (Cap 20, 2000 Rev Ed)"}
{"_id":"keywords_2000_SGCA_40","text":"Civil Procedure – Summary judgment – Determination of question of law – Whether question suitable for determination under O 14 r 12(1) – O 14 r 12 Rules of Court — Civil Procedure – Affidavits – Affidavits of testamentary script – Whether such affidavits must be served on any party – O 72 r 9 Rules of Court — Probate and Administration – Foreign domicile grants – Whether foreign grant of probate conclusive proof of due execution and validity of will – Petition for grant of probate in Singapore – Whether petitioner required to prove will – Fraud or collusion alleged – Whether foreign grant of probate unimpeachable – ss 43 & 46 Evidence Act (Cap 97, 1997 Rev Ed) — Trusts – Secret trusts – Half-secret – Creation of trusts – Document testamentary in nature – but invalidly as will – Whether document wholly inoperative – Whether document regarded as declaration of trust over assets of estate of testator – Whether intention of testator relevant – Whether knowledge of executors or trustees or beneficiaries of the testator's intention relevant — Trusts – Secret trusts – Half-secret – Creation of trust – Whether trust expressly or tacitly accepted by beneficiary or trustees"}
{"_id":"keywords_2000_SGHC_39","text":"Criminal Procedure and Sentencing – Criminal references – Applicant applying for criminal motion – Applicant failing to state exact order sought – Whether failure a critical procedural error – Requirements to be satisfied – s 60 Supreme Court of Judicature Act (Cap 322) — Criminal Procedure and Sentencing – Criminal references – Application for criminal motion by party other than Public Prosecutor – Power of High Court in such situation – s 60 Supreme Court of Judicature Act (Cap 322) — Criminal Procedure and Sentencing – Sentencing – Plea in mitigation – Whether Court duty bound to invite accused to present mitigating plea – Whether court duty bound to defend or assist accused – Burden on defence at close of criminal matter"}
{"_id":"keywords_2008_SGHC_99","text":"Evidence – Documentary evidence – Blank in preamble of agreement where date of signing to be indicated – Agreement clearly providing for entry into force from date of signing – Parties signing every page of agreement with date indicated in footer – Whether blank in preamble a patent ambiguity – Whether extrinsic evidence admissible to ascertain date of signing of agreement – Section 95 Evidence Act (Cap 97, 1997 Rev Ed)"}
{"_id":"keywords_2002_SGHC_227","text":"Civil Procedure – Interim payments – Whether any basis to speculate on value of deceased's estate before inquiry – Whether claims must be made after inquiry — Civil Procedure – Mareva injunctions – Application for discharge – Whether first defendant controlling some substantial amount of money in estate – Whether to maintain preservation order — Civil Procedure – Summons in chambers – Application for exchange of auditors' reports and for arbitrator to conduct inquiry – Inquiry to determine assets of estate pending – Whether application coming too late – Whether allowing application will hinder inquiry — Civil Procedure – Third party proceedings – Third party notice – Setting aside – Whether wrong to encourage writ action within narrow scope of inquiry – O 16 Rules of Court"}
{"_id":"keywords_2000_SGHC_271","text":"Contract – Remedies – Damages – Contractual right of forfeiture – Right exercisable without prejudice to any other rights available at law or in equity – Whether right to claim damages limited to deposit forfeited – Whether entitled to claim in excess of deposit forfeited – Whether contractual clause a liquidated damages clause — Land – Sale of land – Contract – Contract of sale and purchase – Contract in prescribed Form E of Housing Developers Rules 1990 – Purchaser's default – Developers' contractual right of forfeiture of 20% of purchase price – Whether developers' claim for damages limited to 20% of purchase price – Form E cl 5(3) Housing Developers Rules (Cap 130, R 1, 1990 Ed) — Statutory Interpretation – Construction of statute – Intention of Parliament – Whether legislative intent may be gathered from subsequent amendments to legislation"}
{"_id":"keywords_2007_SGHC_24","text":"Civil Procedure – Service – Leave to serve writs out of jurisdiction granted – Whether invoking jurisdiction of court – Burden of proving service of process effected in appropriate manner lying on respondents as plaintiffs – Whether burden remaining on respondents when challenge to jurisdiction brought – Section 16(1) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) — Civil Procedure – Service – Leave to serve writs out of jurisdiction granted – Whether order granting leave should be set aside as abuse of process of court – Whether claims for damages and injunctive relief contained in writs confined to damages sustained or actions taken within Singapore – Order 11 r 1 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Civil Procedure – Service – Whether civil procedure convention subsisting between Singapore and Hong Kong – Whether treaty concluded between People's Republic of China and Singapore applying to Hong Kong – Order 11 r 4(1), O 11 r 4(2) Rules of Court (Cap 322, R 5, 2006 Rev Ed)"}
{"_id":"keywords_2007_SGHC_33","text":"Criminal Procedure and Sentencing – Sentencing – Principles – Accused pleading guilty to charges under Computer Misuse Act and Penal Code for working in syndicate involved in perpetrating ATM card fraud – Whether totality principle and one-transaction rule for sentencing applicable – Sections 4, 10 Computer Misuse Act (Cap 50A, 1998 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Policy underpinning deterrent sentencing – Offences normally attracting deterrent sentence — Criminal Procedure and Sentencing – Sentencing – Principles – Whether relevance of foreign case law limited to clarifying principles only – Whether quantum of sentencing in other jurisdictions relevant"}
{"_id":"keywords_2002_SGHC_212","text":"Contract – Contractual terms – Sale and purchase of property – Construction of clause in sale agreement providing for adjustment of sale price — Land – Sale of land – Doctrine of merger – Construction of s 66 of Land Titles Act (Cap 157, 1994 Ed) – Whether buyer's obligation to pay adjusted price extinguishes upon registration of transfer – s 66 Land Titles Act (Cap 157, 1994 Ed) — Limitation of Actions – Equity and limitation of actions – Accrual of cause of action – s 6(1)(a) Limitation Act (Cap 163, 1996 Ed)"}
{"_id":"keywords_2003_SGHC_282","text":"Administrative Law – Natural justice – Breach of rules of natural justice – Exhaustion of internal remedies – Whether plaintiffs must first exhaust all their internal remedies before coming to court — Administrative Law – Natural justice – Breach of rules of natural justice – Whether plaintiffs entitled to declaration that expulsion was null and void"}
{"_id":"keywords_2000_SGCA_38","text":"Companies – Directors – Duties – Breach of fiduciary duty – Whether loss suffered by company's loss caused by director's breach of duty — Companies – Winding up – Provisional liquidator – Primary duty of provisional liquidator – Whether sale of shares ultra vires – Whether provisional liquidators negligent is not seeking third party advise before sale of shares – Whether act of provisional liquidators break chain of causation"}
{"_id":"keywords_2008_SGHC_108","text":"Civil Procedure – Striking out – Determination of question of law or construction of document without trial – Claim for defamation – Statements in Explanatory Statement alleged to be defamatory in natural and ordinary meaning as well as by innuendo – Whether defamation claim should be struck out for want of reasonable cause of action, being scandalous, frivolous or vexatious or abuse of process of court – Whether natural and ordinary meaning of words alleged to be defamatory may be determined under O 14 r 12 Rules of Court (Cap 322, R 5, 2006 Rev Ed) – Order 14 r 12 and O 18 r 19 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Tort – Defamation – Statements in Explanatory Statement alleged to be defamatory in natural and ordinary meaning as well as by innuendo – Whether defamation claim should be struck out for want of reasonable cause of action, being scandalous, frivolous or vexatious or abuse of process of court – Whether natural and ordinary meaning of words alleged to be defamatory may be determined under O 14 r 12 Rules of Court (Cap 322, R 5, 2006 Rev Ed)"}
{"_id":"keywords_2008_SGHC_220","text":"Companies – Incorporation of companies – Lifting corporate veil – Company entering into contracts – Company acting solely through sole shareholder and director – Whether sole shareholder and director liable for breach of trust as alter ego of company – Whether court should pierce the corporate veil — Contract – Collateral contracts – Parol evidence rule – Company entering into contracts – Company acting solely through sole shareholder and director – Whether company fulfilled obligations depending entirely on sole shareholder and director – Whether direct contract with sole shareholder and director should be implied – Whether personal covenant should be implied into existing contracts – Section 94 Evidence Act (Cap 97, 1997 Rev Ed) — Trusts – Constructive trusts – Quistclose trusts – Sole shareholder and director of company receiving money as agent – Agent knowing purpose of money – Agent paying money out for other purposes – Whether money subject to trust – Whether payment out in breach of trust"}
{"_id":"keywords_2004_SGHC_100","text":"Damages – Assessment – Appellant injured in the course of work and suffered from a prolapsed central disc and backache – Whether an award of general damages for future medical treatment warranted — Damages – Assessment – Loss of earning capacity – Whether awards of general damages and special damages for loss of earning capacity were reasonable — Damages – Assessment – Loss of future earnings – Appellant was a malingerer who took extensive medical leave – Whether assistant registrar was justified in not awarding damages for loss of future earnings"}
{"_id":"keywords_2007_SGHC_201","text":"Tort – Misrepresentation – Fraud and deceit – Whether there was misrepresentation amounting to fraud – Whether making reference to similarly-named resort amounting to fraud – Whether plagiarising superlatives describing trade mark proprietor's resort amounting to fraud — Tort – Passing off – Damage – Damage required – Requirement for probability of damage to goodwill in respect of trade or business – Whether there was requisite damage – Whether loss in form of loss of uniqueness and exclusivity, branding fees and prejudice to future real estate development plans amounting to requisite damage — Tort – Passing off – Goodwill – Whether there was goodwill — Tort – Passing off – Misrepresentation – Misrepresentation required – Requirement of real risk that alleged infringer's representation would deceive substantial number of persons of relevant section of public – Requirement of consequence of misrepresentation being that relevant section of public would believe that goods or services of alleged infringer were those of trade mark proprietor – Requirement of consequence of misrepresentation being that relevant section of public would believe that there was business connection between trade mark proprietor and alleged infringer in relation to goods or services provided by them – Whether there was requisite misrepresentation — Tort – Passing off – Test for tort of passing off to be established – Requirement of goodwill – Requirement of misrepresentation – Requirement of damage – Whether tort of passing off established — Trade Marks and Trade Names – Goodwill – Whether there was goodwill — Words and Phrases – \"Connection\" – \"Likely to damage the interests of the proprietor\" – Sections 55, 55(3)(a) Trade Marks Act (Cap 332, 2005 Rev Ed) — Words and Phrases – \"Relevant sector of the public in Singapore\" – Section 2(8) Trade Marks Act (Cap 332, 2005 Rev Ed)"}
{"_id":"keywords_2002_SGHC_112","text":"Criminal Procedure and Sentencing – Sentencing – Rape – Aggravated rape – First accused raping and molesting nine-year old daughter of second accused – Second accused aware of and consenting to such acts – Second accused aiding and participating in some of the acts – Mitigating factors – Serious aggravating factors – Need for stiff deterrent sentences – s 30(2)(a) Films Act (Cap 107, 1998 Ed) – ss 109, 352, 354, 376(1), 376(2) & 377 Penal Code (Cap 224)"}
{"_id":"keywords_2007_SGHC_208","text":"Evidence – Admissibility of evidence – Exception in SM Summit Holdings Ltd v PP – Whether exception applicable in present case — Legal Profession – Show cause action – Lawyer attempting to procure conveyancing work by offering monetary reward to individuals referring such work to her – Lawyer pleaded guilty to charges for grossly improper conduct in discharge of her professional duty brought against her by Law Society of Singapore – Appropriate punishment in light of certain mitigating circumstances – Sections 83(2)(e), 83(2)(h) Legal Profession Act (Cap 161, 2001 Rev Ed)"}
{"_id":"keywords_2000_SGCA_37","text":"Land – Easements – Rights of support – Whether right of support extends to building on land – Whether distinction between land in natural state and land with building on it valid – Whether distinction between registered and unregistered land valid – Whether landowner under duty to use property in manner as not to injure that of another – Whether adjoining landowner under duty not to excavate land without first securing alternative means of support – whether duty can be delegated"}
{"_id":"keywords_2000_SGHC_219","text":"Patents and Inventions – Groundless threat – Claim for relief – Whether defendants had defence under s 77(4) – ss 77(1) & 77(4) Patents Act (Cap 221) — Patents and Inventions – Infringement – Construction of claims in specification of defendants' patent – Whether plaintiffs' device infringed defendants' patent"}
{"_id":"keywords_2002_SGHC_60","text":"Conflict of Laws – Natural forum – Custody of child – Father French citizen – Mother citizen of both Morocco and France – Custody proceedings by both in Singapore – Divorce and custody proceedings by father in France – French court granting interim custody to mother with access to father – Mother seeking stay of all proceedings in Singapore in favour of proceedings commenced by father in France – Child living with mother in London – Whether Singapore or France the more suitable forum to decide custody of and access to child"}
{"_id":"keywords_2004_SGHC_260","text":"Arbitration – Agreement – Scope – Whether arbitration clause in sub-contract having universal application to all claims plaintiff might have against defendants — Civil Procedure – Discovery of documents – Application – Pre-action discovery – Whether court having inherent jurisdiction to order pre-arbitration discovery – Whether plaintiff's affidavits in support of application for pre-action discovery stating \"material facts pertaining to the intended proceedings\" – Order 24 r 6(3) Rules of Court (Cap 322, R 5, 2004 Rev Ed)"}
{"_id":"keywords_2000_SGHC_22","text":"Admiralty and Shipping – Admiralty jurisdiction and arrest – Ownership of vessels – Certificate of registration of vessel – Identity of vessel's beneficial owners – Whether certificate offers prima facie evidence of ownership – Whether such evidence rebuttable — Admiralty and Shipping – Admiralty jurisdiction and arrest – Whether High Court has jurisdiction over vessel under s 4(4) of High Court (Admiralty Jurisdiction) Act (Cap 123) – Whether vessel's arrest ultra vires"}
{"_id":"keywords_2000_SGCA_67","text":"– Drug trafficking – Appeal against conviction – Whether conviction was safe and satisfactory – Misuse of Drugs Act (Cap. 185) s 5(1)(a)"}
{"_id":"keywords_2002_SGCA_1","text":"Criminal Law – Offences – Murder – Diminished responsibility – Conflicting expert evidence – Whether defence made out on balance of probabilities – s 300 Exception 7 Penal Code (Cap 224) — Criminal Law – Offences – Murder – Intention – Injuries sufficient in ordinary course of nature to cause death – Whether requisite intention for murder proved beyond reasonable doubt – s 300(c) Penal Code (Cap 224)"}
{"_id":"keywords_2004_SGHC_241","text":"Damages – Assessment – Damages given to sub-contractor for sub-sub-contractor's wrongful repudiation of contract – Judgment also given to sub-sub-contractor for work done by it – Whether certificate issued by contractor relevant in assessing work done by sub-sub-contractor – Whether deductions to be made for works allegedly not done by sub-sub-contractor – Assessment of damages payable to contractor for wrongful repudiation of contract."}
{"_id":"keywords_2008_SGHC_232","text":"Civil Procedure – Appeals – Leave"}
{"_id":"keywords_2001_SGHC_259","text":"Civil Procedure – Originating processes – Writ – Extension of validity – Grounds for extension – Non-service of writ due to plaintiffs' alleged misinterpretation of document – Plaintiffs had had reasonable opportunities to serve writ during its validity – Whether good reason shown for extension – O 6 r 4 Rules of Court — Civil Procedure – Originating processes – Writ – Extension of validity – Ex parte application – Non-disclosure of material facts – Whether fatal to application — Civil Procedure – Originating processes – Writ – Issue of writ against vessel – Duty to serve promptly – Whether on-going negotiations with defendants relieves plaintiff of duty — Civil Procedure – Originating processes – Writ – Extension of validity – Whether balance of hardship per se good reason for extension – Need for matters constituting good reason to exist"}
{"_id":"keywords_2002_SGHC_211","text":"Criminal Procedure and Sentencing – Sentencing – Bankruptcy offences – Undischarged bankrupt leaving jurisdiction without previous permission of Official Assignee – Whether custodial sentence the norm for such offences – Burden in offender to show exceptional circumstances warranting sentence of only a fine – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed) — Criminal Procedure and Sentencing – Sentencing – Bankruptcy offences – Whether imposition of a fine appropriate – Whether any usual tariff sentence in respect of amount of fine – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed) — Insolvency Law – Bankruptcy – Bankrupt’s duties and liabilities – Undischarged bankrupt leaving jurisdiction on 44 occasions without prior permission of Official Assignee – Whether bankrupt's conduct amounts to reckless, blatant and deliberate disregard of the law – Whether duty imposed on bankrupt delegable – s 131(1)(b) Bankruptcy Act (Cap 20, 2000 Ed)"}
{"_id":"keywords_2004_SGHC_232","text":"Insolvency Law – Winding up – Liquidator – Whether liquidator negligent in failing to recover debt owed to company before claim against debtor became time-barred – Whether shareholder of company suffered loss as a result of liquidator's negligence"}
{"_id":"keywords_2001_SGHC_188","text":"Criminal Law – Abetment – Abetment by conspiracy – Elements of offence – s 107(b) Penal Code (Cap 224) — Criminal Law – Complicity – Common intention – Elements to establish for criminal liability under s 34 of Penal Code – Whether appellant participating in criminal act – Whether presence required – s 34 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Charge – Substitution of conviction – Revisionary powers of High Court to substitute conviction – Whether causing any prejudice to appellant – s 256(b)(ii)Criminal Procedure Code (Cap 68)"}
{"_id":"keywords_2002_SGCA_45","text":"Civil Procedure – Appeals – Appellate court's review of trial judge's discretion — Civil Procedure – Mareva injunctions – Requirements to be satisfied – Factors indicating real risk of dissipation of assets"}
{"_id":"keywords_2022_SGCA_35","text":"[Criminal Procedure and Sentencing — Public Prosecutor — Powers — Section 33B(2)(b) Misuse of Drugs Act (Cap 185, 2008 Rev Ed) — Issuance of certificate of substantive assistance — Test for “substantively assisted”]"}
{"_id":"keywords_2005_SGCA_21","text":"Contract – Breach – Appellant wished to acquire Singapore-listed company and sought respondent's help – Respondent to introduce a suitable company for acquisition and to inject a sum of money towards appellant's business plan – Agreement that appellant was to transfer shares in acquired company in exchange for respondent's efforts – Appellant failed to effect transfer of some of the shares – Trial judge ordered appellant to effect transfer – Whether there was indeed an agreement between the parties – Whether the transfer of shares was an ex gratia arrangement between the parties — Civil Procedure – Judgments and orders – Appellant to guarantee minimum market value for some of the shares for a period of one year – Respondent requested for order that appellant be held to the guarantee – Trial judge refused to make the order – Whether appellant ought to be held to the guarantee — Damages – Assessment – Respondent requested for damages to be assessed – Trial judge refused the request – Whether an order for damages to be assessed ought to have been granted"}
{"_id":"keywords_2003_SGCA_23","text":"Companies – Schemes of arrangement – Creditors to recover varying percentages – Whether creditors should be divided into separate classes for voting purposes — Companies – Schemes of arrangement – Information provided not adequate to evaluate scheme – Scheme approved by creditors – Whether scheme should be sanctioned by court — Companies – Schemes of arrangement – Lack of transparency of related parties' debts – Whether votes of related parties should be disregarded in determining if s 210(3) of the Companies Act (Cap 50, 1994 Rev Ed) satisfied"}
{"_id":"keywords_2008_SGCA_20","text":"Courts and Jurisdiction – Court judgments – Binding force – Approach of courts in dealing with long-standing decisions that were shown to be incorrect – Whether doctrine of stare decisis applying — Criminal Law – Complicity – Abetment – Whether existing interpretation of ss 111 and 113 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Meaning of \"criminal act\" – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Participation – Whether s 34 Penal Code (Cap 224, 1985 Rev Ed) requiring presence at scene of criminal act to constitute participation — Criminal Law – Complicity – Common intention – Proof of common intention – Manner in which common intention may be proved – Inferences made from circumstances of case – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common intention – Requisite intention – Whether s 34 Penal Code (Cap 224, 1985 Rev Ed) requiring common intention of parties to commit the offence actually committed in a \"twin crime\" situation – Whether additional mens rea requirement of secondary offenders is that of subjective knowledge on the part of secondary offender in relation to the likelihood of collateral offence happening – Whether secondary offender possessing such requisite intention – Section 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Common object – Whether existing interpretation of s 149 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Complicity – Gang robbery – Whether existing interpretation of s 396 Penal Code (Cap 224, 1985 Rev Ed) in conformity with interpretation of s 34 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Statements – Admissibility – Whether out-of-court confessions of co-accused not party to proceedings falling within general prohibition against hearsay evidence – Whether out-of-court confessions of co-accused not party to proceedings admissible under s 378(1)(b)(i) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Evidence – Admissibility of evidence – Hearsay – Characterisation of hearsay rule considering nature of Evidence Act (Cap 97, 1997 Rev Ed) – Relationship between hearsay rule as expressed in Evidence Act and Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Evidence – Proof of evidence – Confessions – Confessions of accomplice not jointly charged – Relationship of s 30 Evidence Act (Cap 97, 1997 Rev Ed) with s 378(1)(b)(i) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Statutory Interpretation – Statutes – Evidence Act (Cap 97, 1997 Rev Ed) – Classification as a facilitative statute – Purposive interpretation of Evidence Act (Cap 97, 1997 Rev Ed) – When does interpretation give effect to legislative intent — Statutory Interpretation – Statutes – Penal Code (Cap 224, 1985 Rev Ed) – Whether recourse to English common law permissible in interpreting Penal Code – When does interpretation give effect to legislative intent"}
{"_id":"keywords_2007_SGHC_153","text":"Credit and Security – Mortgage of personal property – Stocks and shares – Scope of duty of pledgee to pledgor and guarantor when selling pledged shares – Pledgee failing to ascertain market price of shares before agreeing to private sale – Proper basis for valuation of shares – Whether shares sold at undervalue – Whether possible to establish breach of duty without proof of undervalue – Whether claim by company in respect of shares pledged by its subsidiary allowable — Damages – Compensation and damages – Claim by shareholder for loss purely reflective of damage caused to or loss suffered by company – Whether claim permissible – Whether open to claimant to take measures to render principle inapplicable — Tort – Conspiracy – Whether security sold at undervalue pursuant to conspiracy between pledgee and buyer – Differences between conspiracy by lawful and unlawful means – Whether intention or predominant intention to injure made out"}
{"_id":"keywords_2003_SGHC_178","text":"Criminal Procedure and Sentencing – Sentencing – Trafficking in controlled drugs."}
{"_id":"keywords_2005_SGHC_87","text":"Land – Adverse possession – Conversion of land into registered land – Adverse possession acquired prior to conversion – Whether defendant entitled to claim adverse possession of land – Whether s 50 of Land Titles Act applied retrospectively – Section 50 Land Titles Act (Cap 157, 1994 Rev Ed) — Land – Adverse possession – Factors constituting adverse possession of land – Whether defendants had continuous, open and exclusive physical possession coupled with intention to possess – Whether aggregation of separate periods of possession allowed"}
{"_id":"keywords_2007_SGCA_48","text":"Criminal Law – Offences – Criminal intimidation – Elements of criminal intimidation – Whether evidence establishing that accused committed offences of criminal intimidation – Sentencing principles for criminal intimidation – Appropriate sentence to be imposed on facts of present case — Criminal Law – Offences – Insulting modesty of woman – Sentencing principles for insulting modesty of woman – Appropriate sentence to be imposed on facts of present case — Criminal Law – Offences – Property – Theft – Elements of theft – Whether evidence establishing that accused committed theft — Criminal Law – Offences – Rape – Elements of aggravated rape – Whether evidence establishing that offender committed second instance of rape – Whether evidence establishing that offender committed aggravated rape – Sentencing principles for rape – Appropriate sentence to be imposed for rape where there was prior relationship between parties — Criminal Law – Offences – Unnatural offences – Carnal intercourse against order of nature – Whether evidence establishing that offender committed second instance of sodomy – Sentencing principles for sodomy – Appropriate sentence to be imposed for sodomy where victim was non-consenting — Criminal Procedure and Sentencing – Appeal – Acquittal – Principles governing appellate interference with trial judge's conclusions based on findings of fact — Criminal Procedure and Sentencing – Sentencing – Appeals – Principles governing appellate interference with trial judge's sentence imposed — Criminal Procedure and Sentencing – Sentencing – Concurrent or consecutive sentences – Principles governing imposition of concurrent or consecutive sentences when offender convicted and sentenced to imprisonment for at least three distinct offences — Evidence – Witnesses – Corroboration – Whether corroboration required for cases involving sexual offences – Principles governing identification of corroborative evidence where corroboration was required"}
{"_id":"keywords_2002_SGCA_22","text":"Contract – Contractual terms – Rules of construction – Contractual obligation to procure that company repays loans – Failure of company to repay – Whether clause imposes obligation of guarantee – Context of clause and entire document – Whether essential for word 'guarantee' to be in clause before guarantee obligation can arise – Whether breach of obligation — Evidence – Admissibility of evidence – Agreements for sale and purchase of shares – Limitation of liability clause – Whether extrinsic evidence admissible to aid construction – Whether clause clear and unambiguous – s 94 proviso (f) Evidence Act (Cap 97, 1997 Ed)"}
{"_id":"keywords_2008_SGCA_34","text":"Arbitration – Stay of court proceedings – Defendant applying for stay and refusing to file defence – Steps to be taken by defendant applying for stay of proceedings – Whether application for extension of time would constitute \"step in the proceedings\" under Arbitration Act (Cap 10, 2002 Rev Ed) — Civil Procedure – Stay of proceedings – Scenario where defendant did not file defence because of its pending application for stay in favour of arbitration – Whether defendant could be compelled to file defence notwithstanding its pending stay application"}
{"_id":"keywords_2003_SGHC_33","text":"Criminal Law – Application by Public Prosecutor under s 60 of the Supreme Court Judicature Act (Cap 322) asking for question of law of public interest to be referred to the Court of Appeal – Whether motion be allowed."}
{"_id":"keywords_2001_SGCA_20","text":"Civil Procedure – Appeals – Judgment reversed on appeal – Repayment of judgment sum paid pursuant to judgment – Whether repayment should be with interest"}
{"_id":"keywords_2003_SGHC_76","text":"Administrative Law – Natural justice – Allegations that trial not fair and impartial – Failure to give copies of documents to appellant – Referral by trial judge to incidents subsequent to complaint — Evidence – Documentary evidence – Medical reports – Whether direct evidence of assault — Family Law – Family violence – Orders for protection – Grant of personal protection order – Women's Charter (Cap 353, 1997 Rev Ed) s 65"}
{"_id":"keywords_2005_SGHC_31","text":"Contract – Contractual terms – Plaintiff alleging delivery date governed by purchase orders – Defendant alleging that delivery date governed by quotations – Whether contractual terms governed by purchase orders or quotations — Contract – Discharge – Subsequent agreement – Whether parties mutually abandoning existing rights under contract – Whether contract rescinded by mutual agreement – Whether new agreement must be sufficiently precise to found new contract — Contract – Implied contracts – Quantum meruit – Defendant partially completing work under original contract – Parties discharging contract by mutual agreement – Defendant continuing to work after contract discharged – Whether defendant entitled to payment on quantum meruit basis"}
{"_id":"keywords_2000_SGCA_35","text":"Contract – Contractual terms – Whether plaintiff has right to account of share of profits — Contract – Discharge – Breach of contract – Remedies for breach of contract – Whether damages sufficient – Whether plaintiffs entitled to an account of profits – Whether restitutionary damages appropriate — Contract – Remedies – claims for interest – General rule and exception – Plaintiffs' unwarranted and unexplained delay – Interest – Whether interest should run from date of writ or accrual of loss — Contract – Discharge – Whether defendant a party to oral agreement — Limitation of Actions – When time begins to run – Breach of contract – Whether claim time-barred – s 6(1) Limitation Act (Cap 163, 1996 Rev Ed) — Trusts – Constructive trusts – Commercial financing arrangement – Provision of bank guarantee to procure overdraft facilities – Whether funds from overdraft facilities held on trust for guarantor – Whether fiduciary relationship exists between parties"}
{"_id":"keywords_2001_SGCA_9","text":"Civil Procedure – Appeals – Notice – Amendment – Whether application to amend notice of appeal should be allowed – O 55C Rules of Court"}
{"_id":"keywords_2000_SGHC_116","text":"Criminal Procedure and Sentencing – Identification parade – Breach of procedural requirements of identification parade – Whether identification evidence inadmissible – Whether weight of identification evidence affected — Criminal Procedure and Sentencing – Impeachment – Inconsistencies between court testimony and earlier police statements – Whether impeachment should be based on inconsistencies — Evidence – Witnesses – Failure to call unavailable witness – Whether adverse inference can be drawn — Evidence – Admissibility of evidence – Weight of evidence – Breach of procedural requirements of identification parade – Whether identification evidence not inadmissible – Weight of identification evidence affected — Evidence – Witnesses – Impeachment – Inconsistencies between court testimony and earlier police statements – Whether impeachment should be based on inconsistencies — Immigration – Harbouring – immigration offenders – Meaning of \"harbour\" – Whether leasing of premises to immigration offenders constituted harbouring — Immigration – Harbouring – immigration offenders – Whether presumption of mens rea rebutted – s 57(7) Immigration Act (Cap 133, 1997 Rev Ed) — Immigration – Harbouring – immigration offenders – Whether vicarious criminal liability can be imposed for unknown illegal sub-tenants"}
{"_id":"keywords_2005_SGHC_66","text":"Criminal Law – Petition for revision – Setting aside conviction procured on basis of false identity – Section 23 Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) – Sections 266(1) and 268(1) Criminal Procedure Code (Cap 68, 1985 Rev Ed)"}
{"_id":"keywords_2016_SGHC_1","text":"High Court — Originating Summons No 740 of 2015 (Summons No 4242 of 2015 — Registrar’s Appeal No 279 of 2015) and Originating Summons No 870 of 2015"}
{"_id":"keywords_2000_SGCA_68","text":"Family Law – Divorce – Division of matrimonial assets – Gift of shares received prior to marriage – Original shares exchanged for new shares following amalgamations -Whether new shares part of matrimonial assets — Family Law – Divorce – Division of matrimonial home – Value of wife's share in matrimonial home – Whether husband can object to use of valuation report by district court in appeal to Court of Appeal — Family Law – Divorce – Maintenance – Whether lump sum maintenance order appropriate"}
{"_id":"keywords_2002_SGHC_140","text":"Legal Profession – Admission – Ad hoc admission of Queen's Counsel – Three-stage test for admission – Whether issues in suit sufficiently complex to warrant admission of Queen's Counsel – s 21(1) Legal Profession Act (Cap 161, 2001 Ed)"}
{"_id":"keywords_2001_SGHC_276","text":"Family Law – Matrimonial assets – Division – Direct and indirect contribution towards purchase of matrimonial home – Marriage lasting 18 years with two children – Division of 60-40 in wife's favour – Whether fair and reasonable — Family Law – Matrimonial assets – Division – Duty to maintain matrimonial home – Wife paying money paid towards maintenance and upkeep of matrimonial home – Whether taken as direct or indirect contribution – Whether fact that wife has sole occupation of matrimonial home during period separation affects duty to maintain — Family Law – Matrimonial assets – Division – Division – Agreement to maintain income in separate bank accounts – Reason for parties doing so – Whether separation of accounts alters nature of income earned during marriage as matrimonial asset – Agreement in contemplation of divorce – Women's Charter (Cap 353, 1997 Ed)"}
{"_id":"keywords_2002_SGCA_17","text":"Conflict of Laws – Foreign judgments – Enforcement – Allegation that foreign judgment obtained by fraud – Principles governing foreign judgments – Approach of local court – Whether foreign judgment challengeable on ground of fraud where allegation of fraud already adjudicated upon by foreign court – Whether fresh evidence of fraud required – Whether fresh evidence of fraud exists – Whether evidence makes a difference to verdict admitted in foreign court"}
{"_id":"keywords_2003_SGHC_244","text":"Companies – Directors – Duties – Whether in breach of fiduciary duties as directors for wrongfully causing closing down of plaintiff's business and wrongful diversion of business – Whether conspiracy or dishonest assistance given by other defendants. — Companies – Directors – Duties – Whether in breach of fiduciary duties as directors for paying to themselves remuneration without the approval of shareholders. — Companies – Directors – Duties – Whether misappropriated and misapplied company money. — Trade Marks and Trade Names – Infringement – Whether 'Apollo' trademark infringed by importing and selling Apollo products. — Trade Marks and Trade Names – Passing off – Whether passed off such products as goods of or connected or associated with the plaintiff."}
{"_id":"keywords_2003_SGHC_89","text":"Family Law – Grounds for divorce – Adultery – Costs against co-respondent – Whether costs incurred by private investigators reasonable — Family Law – Grounds for divorce – Adultery – Costs against co-respondent – Wife willing party to adultery – Proportion of costs of private investigators payable by co-respondent"}
{"_id":"keywords_2002_SGHC_46","text":"Immigration – Employment – Foreign worker – Work permit stipulating employment as 'Waiter/Waitress Supervisor' – Whether employers in breach of condition by employing worker as stall supervisor – Whether term 'waiter' ambiguous – Whether dictionary meaning appropriate – Whether strict construction rule applicable – Whether conviction acceptable as Ministry of Manpower contributed to confusion — Statutory Interpretation – Construction of statute – Whether strict construction rule for penal statutes applicable to executive orders and conditions – Proper approach to construction of penal provisions"}
{"_id":"keywords_2004_SGHC_171","text":"Criminal Law – Offences – Causing death by negligent act – Collision at sea – Vessels on reciprocal courses – Appellants altered to port instead of starboard – Whether vessels approaching each other so as to involve risk of collision – Breach of Rule 14(a) International Regulations for Preventing Collisions at Sea 1972 — Criminal Law – Offences – Causing death by negligent act – Standard of care expected of trainee – Whether same standard as qualified person – Section 304A Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Causing death by negligent act – Test for causation – Whether appellants' negligence contributed significantly or substantially to collision – Whether contributory negligence of other vessel broke chain of causation – Section 304A Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2007_SGCA_45","text":"Companies – Directors – Duties – Directors of company having interest in another company – Whether directors breached fiduciary duties to first company and ss 162 and 163 of Companies Act by causing it to advance moneys to other company such that first company suffered loss as result – Whether loan within meaning of ss 162 and 163 of Companies Act extending beyond loans in conventional sense – Sections 157, 162, 163 Companies Act (Cap 50, 1994 Rev Ed) — Contract – Contractual terms – Conditions – Whether other company's failure to fulfil conditions precedent under agreement with first company amounting to total failure of consideration – Whether first company entitled to refund of moneys advanced to other company"}
{"_id":"keywords_2009_SGHC_20","text":"Trusts – Resulting trusts – Presumed resulting trusts"}
{"_id":"keywords_2002_SGHC_119","text":"Restitution – Unjust enrichment – Money paid under mistake of law – Recovery of moneys so paid – Principles governing recovery – Whether statutory nature of payment precludes recovery – Whether mistake relates to formation of pre-existing contract or mistaken payment simpliciter – Whether there was any operative mistake existing in the circumstances of case – s 28 Telecommunication Authority of Singapore Act (Cap 323, 1993 Ed) — Restitution – Unjust enrichment – Money paid under mistake of law – Recovery of moneys paid under mistake of law – Defences – Compromise – Assumption of risk – Estoppel – Change of position"}
{"_id":"keywords_2006_SGHC_116","text":"Contract – Illegality and public policy – Contract for sale of company's shares – Inacurracies in company's prospectus due to directors and shareholders holding greater interests than that disclosed – Whether contract tainted by illegality and incapable of enforcement by seller — Contract – Privity of contract – Contract for sale of shares – Undated contract between plaintiff as vendor and fourth defendant as agent for first, second and third defendants – Whether first, second and third defendants were parties to contract — Contract – Remedies – Specific performance – Contract for sale of shares in company undergoing public listing – Whether specific performance an appropriate remedy — Contract – Remedies – Damages – Plea for specific performance – Failure to plea assessment of damages should specific performance be refused – Whether court would order assessment of damages"}
{"_id":"keywords_2006_SGHC_107","text":"Civil Procedure – Injunctions – Application for interim injunction to be made permanent – Interim injunction granted to restrain defendants from use and disclosure of confidential documents and information – Whether damages sufficient to grant relief – Whether permanent injunctive relief justified — Civil Procedure – Pleadings – Damages – Inquiry for assesment of damages caused by breach of confidence and/or conversion of property – Plaintiffs pleading loss of custom and business profits as general damages – Whether plaintiffs required to plead loss of custom and business profit as special damages before inquiry can be ordered — Civil Procedure – Pleadings – Date for close of pleadings – Single action involving multiple parties – Whether pleadings closed as against each defendant on same date – Order 14 r 14, O 18 r 20, O 25 r 1 Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Tort – Confidence – Defendants obtaining confidential information from rubbish that plaintiffs placed out for collection – Whether plaintiffs thereby abandoning documents and precluded from asserting property rights in such documents — Tort – Confidence – Elements to be satisfied to succeed in action for breach in non-contract cases – Whether breach of confidence existing"}
{"_id":"keywords_2009_SGCA_4","text":"Companies – Memorandum and articles of association – Whether article providing for increase in share capital referred only to authorised share capital – Whether abolition of authorised share capital rendered said article otiose — Statutory Interpretation – Construction of statute – Interpretation of provisions in Schedule to an Act – Whether provision in Schedule could circumscribe provision in main Act"}
{"_id":"keywords_2003_SGHC_204","text":"Arbitration – Agreement – Scope – Whether parties had agreed to arbitrate disputes over insurer's maximum liability under insurance policy — Arbitration – Arbitral tribunal – Jurisdiction – Whether arbitral tribunal exceeded jurisdiction in awarding costs of preliminary hearing to one party where arbitration agreement prescribed that expense of appraisal should be borne by parties equally — Arbitration – Arbitral tribunal – Jurisdiction – Whether arbitral tribunal had jurisdiction over dispute between parties — Arbitration – Award – Interim award – Ancillary orders made by arbitral tribunal in interim award – Whether court has power under art 16(3) of the UNCITRAL Model Law on International Commercial Arbitration to set aside such ancillary orders"}
{"_id":"keywords_2004_SGHC_244","text":"Criminal Procedure and Sentencing – Charge – Outstanding offences – Five stood down charges taken into consideration in sentencing – Accused admitted to charges and consented to take them into consideration in sentencing – Entry on record made pursuant to Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 178(2). — Criminal Procedure and Sentencing – Sentencing – Forms of punishment – Principles – Accused convicted on charge of culpable homicide not amounting to murder – Prescribed custodial sentence is either life imprisonment or imprisonment for a term which may extend to ten years – Whether accused to be sentenced to life imprisonment or prison term of ten years – Nature of offence taken into consideration in sentencing accused – Section 304(a) Penal Code (Cap 224, 1985 Rev Ed)."}
{"_id":"keywords_2025_SGHC_6","text":"[Companies — Schemes of arrangement — Trustee-manager of business trust seeking moratorium for intended scheme of arrangement — Whether trustee-manager may propose scheme of arrangement in respect of debts incurred in capacity as trustee-manager — Whether requirements for grant of moratorium satisfied — Terms of moratorium order — Section 64 Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed)]"}
{"_id":"keywords_2005_SGHC_214","text":"Insolvency Law – Bankruptcy – Petition – Petitioning creditors both directors and shareholders of company – Debtor funding action by liquidator of company against petitioning creditors – Debtor also creditor of company – Whether exceptional circumstances warranting stay of bankruptcy proceedings existing"}
{"_id":"keywords_2001_SGHC_134","text":"Tort – Defamation – Libel – Natural and ordinary meaning – Innuendos meaning – Applicable principles – Whether words and graphics of article defamatory in their natural and ordinary meaning – Whether words and graphics of article defamatory in their innuendos"}
{"_id":"keywords_2004_SGCA_34","text":"Civil Procedure – Appeals – Notice – Application to amend Notice of Appeal – Whether court obliged to allow amendment if opposing party may be compensated with costs – Factors to be considered by court when deciding whether application should be allowed"}
{"_id":"keywords_2002_SGHC_293","text":"Civil Procedure – Service – Whether proper case to grant leave for service out of jurisdiction – Whether substantial relief sought by way of injunction – Whether plaintiffs had a good arguable case – Whether serious issues to be tried – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 11 rr 1(b), (d), (r) — Conflict of Laws – Choice of jurisdiction – Appropriate forum – Whether Singapore courts most appropriate forum for deciding rights under Performance Bond and Advance Payment Guarantees"}
{"_id":"keywords_2006_SGHC_87","text":"Debt and Recovery – Priority – Whether judgment creditor's writ of seizure and sale against mortgaged property creating security interest having priority over mortgagee's power of sale of mortgaged property where such power of sale arising after judgment creditor's writ of seizure and sale against mortgaged property registered – Sections 73, 135 Land Titles Act (Cap 157, 2004 Rev Ed)"}
{"_id":"keywords_2005_SGHC_30","text":"Evidence – Admissibility of evidence – Opinion and belief – DNA report containing results of paternity test tendered as proof petitioner not father of children – DNA report not tendered by way of affidavit from maker of report – Whether DNA report wrongly admitted into evidence – Section 47(1) Evidence Act (Cap 97, 1997 Rev Ed) — Evidence – Proof of evidence – Presumptions – DNA report containing results of paternity test tendered as proof petitioner not father of children – DNA report conflicting with presumption of paternity under s 114 Evidence Act – Whether DNA report overriding presumption of paternity – Section 114 Evidence Act (Cap 97, 1997 Rev Ed) — Family Law – Custody – Care and control – District court ordering respondent to have custody, care and control of children with no access to petitioner after respondent disclosed petitioner not father of children – Whether each child considered \"child of the marriage\" – Whether court having jurisdiction and power to determine question of custody – Section 92 Women's Charter (Cap 353, 1997 Rev Ed)"}
{"_id":"keywords_2007_SGCA_2","text":"Courts and Jurisdiction – Jurisdiction – Appellate – Whether Court of Appeal having jurisdiction to hear appeal against High Court's dismissal of criminal motion for extension of time to file notice and petition of appeal from magistrate's court"}
{"_id":"keywords_2001_SGHC_320","text":"Trusts – Trustees – Law Society trustees of Compensation Fund under Legal Profession Act – Law Society borrowing money – Application by Law Society to use Fund to settle loan – Whether loan taken for purposes of Fund – Whether to grant application – s 75(9)(d) Legal Profession Act (Cap 161, 2000 Ed) — Trusts – Trustees – Definition – No express trust – Whether Law Society trustees by implication of law – Whether Law Society can apply under Trustees Act for court sanction of proposed scheme – Whether proposed scheme an 'investment' or 'other transaction' – Whether proposed scheme 'expedient' – Whether conferment of power on court or trustees – Whether statutory prohibition against Law Society proposing scheme – s 75(5) Legal Profession Act (Cap 161, 2000 Ed) , ss 3 & 56(1) Trustees Act (Cap 337, 1999 Ed) — Words and Phrases – 'moneys borrowed'- s 75(9)(d) Legal Profession Act (Cap 161, 2000 Ed) – 'expedient' – s 56(1) Trustees Act (Cap 337, 1999 Ed)"}
{"_id":"keywords_2001_SGHC_60","text":"Civil Procedure – Appeals – Leave to appeal – Whether leave of court required for appeals in respect of matrimonial matters under Pt X of Women's Charter (Cap 353, 1997 Ed) – s 21 Supreme Court of Judicature Act (Cap 322, 1999 ED) – Women's Charter (Cap 353) Pt X"}
{"_id":"keywords_2001_SGHC_1","text":"Legal Profession – Show cause action – Grossly improper conduct in discharge of professional duties – Consensual sexual relations with client during existence of solicitor-client relationship – Whether conduct amounting to grossly improper conduct – Appropriate sanction – s 83(1) & 83(2)(b)Legal Profession Act (Cap 161, 1997 Ed)"}
{"_id":"keywords_2009_SGHC_1","text":"Civil Procedure – Stay of proceedings – Whether arbitration proceedings should be stayed — Equity – Estoppel – Estoppel by representation – Prerequisites – Whether contractor's conduct and letter constituted operative representations – Whether subcontractor relied on contractor's representations – Whether subcontractor suffered detriment in reliance on contractor's representations"}
{"_id":"keywords_2018_SGHC_271","text":"[Banking] — [Relationship Manager] — [Investments] — [Fiduciary Duties] — [Tort of Deceit] — [Trust]"}
{"_id":"keywords_2006_SGHC_181","text":"Companies – Winding up – Payments made by company to defendant two years before winding up – Defendant ex-employee of company and married to niece of company director – Whether defendant \"associate\" of company at time payments made – Whether payments constituting undue preference recoverable by company liquidators upon winding-up of company – Sections 98, 99, 100 Bankruptcy Act (Cap 20, 2000 Rev Ed), s 329(1) Companies Act (Cap 50, 1994 Rev Ed)"}
{"_id":"keywords_2007_SGHC_205","text":"Criminal Law – Offences – Property – Theft – Sentencing considerations applicable to kleptomaniacs — Criminal Procedure and Sentencing – Sentencing – Mentally disordered offenders – Sentencing considerations applicable to kleptomaniacs"}
{"_id":"keywords_2004_SGHC_166","text":"Civil Procedure – Pleadings – Amendment – Whether leave to amend pleadings should be granted after conclusion of trial — Trusts – Express trusts – Certainties – Certainty of intention – Certainty of subject matter – Certainty of objects of trust – Whether all three certainties present for creation of alleged trust"}
{"_id":"keywords_2007_SGHC_165","text":"Arbitration – Stay of court proceedings – Whether parties required to file defence after applying for stay of court proceedings – Whether filing of defence before hearing of application for stay of court proceedings amounting to \"step in the proceedings\" – Other options available not amounting to \"step in the proceedings\" — Civil Procedure – Stay of proceedings – Majority of parties not party to agreement containing arbitration clause – Whether granting of stay of proceedings and compelling of all parties to arbitrate disputes possible — Civil Procedure – Stay of proceedings – Party to agreement serving 48-hour notice requiring other parties to file defence after other parties applied for stay of proceedings – Whether other parties required to file defence before hearing of stay of proceedings application"}
{"_id":"keywords_2003_SGCA_47","text":"Admiralty and Shipping – Carriage of goods by sea – General average – York Antwerp Rules – Whether shipowner entitled to general average contribution when failed to meet obligation under common law to provide seaworthy vessel – Whether exclusion clause in bill of lading sufficient to exclude shipowner's liability in failing to provide seaworthy vessel — Admiralty and Shipping – Carriage of goods by sea – Limitation of liabilities – Seaworthiness – Exclusion clause – Whether exclusion clause in bill of lading sufficient to exclude shipowner's liability in providing seaworthy vessel — Words and Phrases – \"Howsoever arising\" – \"Howsoever caused\" – Whether use of these phrases in bill of lading sufficient to exclude shipowner's obligation to provide seaworthy vessel at common law"}
{"_id":"keywords_2003_SGHC_129","text":"Damages – Measure of damages – Personal injuries cases – Correct basis for calculation of pre-trial earnings — Damages – Measure of damages – Personal injuries cases – Whether loss of future earnings approach or loss of earning capacity approach"}
{"_id":"keywords_2004_SGCA_49","text":"Evidence – Admissibility of evidence – Hearsay – Whether hearsay statement admissible as being statement made against own interest – Sections 17, 21(1), 32(c) Evidence Act (Cap 97, 1997 Rev Ed) — Insolvency Law – Avoidance of transactions – Transactions at an undervalue – Whether insolvent party must have intended to deal with counter party – Whether transaction at an undervalue – Section 98 Bankruptcy Act (Cap 20, 2000 Rev Ed)"}
{"_id":"keywords_2002_SGHC_114","text":"Banking – Letters of credit – Back-to-back credits – Whether letters of credit act as back-to-back credits – Conformity of documents with terms in letter of credit – Whether documents discrepant – Refusal of payment by issuing bank on account of discrepancies in documents – Whether issuing bank can refuse payment under the letter of credit – Whether issuing bank can set-off third party's debts against payment due to beneficiary under letter of credit"}
{"_id":"keywords_2003_SGHC_66","text":"Criminal Procedure and Sentencing – Sentencing – Principles – Husband kicking wife upon discovering she was lying to him – Whether motive for offence relevant for sentencing under s 304 (a) Penal Code, Cap 224."}
{"_id":"keywords_2000_SGHC_104","text":"Contract – Discharge – Frustration – Debtor and guarantor claiming frustration of contract – Whether situation fundamentally different from that existing when contract made"}
{"_id":"keywords_2005_SGHC_22","text":"Criminal Law – Statutory offences – Prevention of Corruption Act – Use of false documents with intent to deceive principal – Whether appellant knowing documents false – Whether appellant having intent to deceive – Whether offence requiring actual deception – Section 6(c) Prevention of Corruption Act (Cap 241, 1993 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Appeals – Use of false documents with intent to deceive principal – Whether trial judge should have considered appellant's prior military conviction and punishment when sentencing appellant – Whether sentence of two months' imprisonment on each of ten charges manifestly excessive – Section 108(2) Singapore Armed Forces Act (Cap 295, 2000 Rev Ed) — Words and Phrases – Meaning of \"use\" and \"other document\" – Section 6(c) Prevention of Corruption Act (Cap 241, 1993 Rev Ed)"}
{"_id":"keywords_2006_SGHC_83","text":"Family Law – Matrimonial assets – Division – Wife having more success in career than husband and having acquired substantially more assets – What constituting fair and equitable distribution of matrimonial assets between parties"}
{"_id":"keywords_2008_SGHC_215","text":"Criminal Law – Abetment – Making false statutory declarations – Making false statements to Transplant Ethics Committee – Section 14(1)(a)(ii) Oaths and Declarations Act (Cap 211, 2001 Rev Ed) – Section 109 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – Offences – Illegal organ supply – Sections 14(1) and 14(2) Human Organ Transplant Act (Cap 131A, 2005 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Appeals"}
{"_id":"keywords_2003_SGHC_167","text":"Building and Construction Law – Terms – Certificates and approvals – Architect issuing interim certificate five years after completion of works – Whether waiver of strict compliance covering such circumstances — Building and Construction Law – Terms – Certificates and approvals – Validity of certificate of payment – Architect's power to issue and withdraw certificate of payment"}
{"_id":"keywords_2008_SGHC_104","text":"Trade Marks and Trade Names – Grounds for refusal of registration – Bad faith – Whether similarity between opposed mark and earlier mark should lead to finding of bad faith – Section 7(6) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Connection, confusion and damage to interests – Whether use of opposed mark in relation to goods or services for which registration was sought would indicate connection between those goods or services and proprietor of earlier mark – Section 8(3) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Passing off – Whether close resemblance between opposed mark and earlier mark – Section 8(4) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Grounds for refusal of registration – Similarity of goods and likelihood of confusion – Whether use of opposed mark was registered for goods or services identical with or similar to those for which earlier mark was protected – Whether there would be likelihood of confusion on part of public – Section 8(2) Trade Marks Act (Cap 332, 1999 Rev Ed)"}
{"_id":"keywords_2003_SGCA_43","text":"Civil Procedure – Stay of proceedings – Choice of jurisdiction – Plaintiff bringing action in breach of exclusive jurisdiction clause – Defendant applying for stay of proceedings in favour of contractual forum – Whether court should refuse to order stay of proceedings – Factors to be considered — Conflict of Laws – Choice of jurisdiction – Exclusive – Stay of proceedings – Clause providing that \"Any claims that may arise hereunder must be made at the port of delivery for determination and settlement at that port only\" – Whether clause an exclusive jurisdiction clause – Whether court should refuse to order stay of proceedings"}
{"_id":"keywords_2006_SGCA_45","text":"Family Law – Advancement – Presumption – Father and adult son holding bank accounts jointly – Whether presumption of advancement applying such that money in joint bank accounts amounting to gift from father to son upon father dying intestate – Whether presumption of advancement rebutted — Trusts – Resulting trusts – Father and adult son holding bank accounts jointly – Money in joint bank accounts provided entirely by father – Whether money vesting in son or in father's estate upon father's death – Whether son holding joint bank accounts on resulting trust for father's estate"}
{"_id":"keywords_2008_SGHC_91","text":"Civil Procedure – Costs – Security – Whether condition to grant security for costs satisfied – Relevant factors considered by court in exercising discretion to award security for costs – Policy behind security for costs – Section 388 Companies Act (Cap 50, 2006 Rev Ed)"}
{"_id":"keywords_2008_SGHC_15","text":"Civil Procedure – Summary judgment – Whether defendant bound by four corners of defence — Partnership – Partners and third parties – Firm liable for acts of partner – Partner of firm absconding with money received by firm but intended for another party – Whether money was received in course of firm's business under s 11(b) Partnership Act (Cap 391, 1994 Rev Ed) – Whether other partners liable to make good loss of money"}
{"_id":"keywords_2000_SGCA_1","text":"Civil Procedure – Pleadings – Amending statement of claim – whether amendment should be allowed — Trusts – Constructive trusts – Remedies – Claim for restitution on constructive trust – Whether claim frivolous, vexatious or abuse of process of court"}
{"_id":"keywords_2004_SGHC_193","text":"Contract – Breach – Defendants alleging oral agreements varying written agreement – Whether defendants in repudiatory breach of consultancy agreement — Contract – Formation – Whether parties had intention to enter into binding oral contracts – Whether parties had intention to create compromise agreement – Applicable test of intention"}
{"_id":"keywords_2002_SGHC_176","text":"Conflict of Laws – Foreign judgments – Enforcement – Plaintiffs obtaining judgment against defendants in Republic of China – Plaintiffs applying to enforce judgment in Singapore – Defendants alleging foreign judgment based on illegal agreement – Defendants not raising illegality issue before ROC court – Whether defendants can raise issue before Singapore court – Application by defendants to strike out on basis of illegality – Whether to allow application — Contract – Illegality and public policy – Whether contract in breach of regulation or law necessarily void or unenforceable"}
{"_id":"keywords_2000_SGHC_134","text":"Civil Procedure – Pleadings – Striking out – Allegation of fraudulent misrepresentation – Alternative plea of innocent misrepresentation – Whether sufficient particulars of fraud set out – Whether alternative plea of innocent misrepresentation applicable to pleading of fraud – s 2(1) Misrepresentation Act (Cap 390) — Civil Procedure – Striking out – Whether claim frivolous or vexatious – Whether claim intrinsically weak hopeless case"}
{"_id":"keywords_2025_SGHC_44","text":"[Legal Profession — Professional conduct — Due cause of sufficient gravity for advocate and solicitor to be liable to punishment — Sentencing principles — Circumstances in which order for advocate and solicitor to be struck off the roll is the presumptive penalty — Section 83(1)(a) Legal Profession Act (Cap 161, 2009 Rev Ed)]"}
{"_id":"keywords_2003_SGHC_179","text":"Courts and Jurisdiction – Court judgments – Declaratory – Whether inordinate delay in seeking declaration may deprive claimant of declaratory judgment."}
{"_id":"keywords_2005_SGHC_86","text":"Building and Construction Law – Building and construction contracts – Lump sum contract – Contract formed by exchange of correspondence – Description of contract sum inconsistent – Method of calculation set out in appendix to plaintiff's letter to defendant – Whether parties entered into lump sum contract — Contract – Construction of contract – Contract formed by exchange of correspondence – Whether plaintiff's letter to defendant formed part of contract – Whether circumstances surrounding parties' agreement indicated what their intentions were — Equity – Estoppel – Estoppel by convention – Defendant made numerous payments to plaintiff according to method of computation set out in appendix to plaintiff's letter to defendant – Whether defendant estopped from asserting that parties entered into lump sum contract"}
{"_id":"keywords_2003_SGHC_169","text":"Trade Marks and Trade Names – Partial revocation – Whether classification unduly wide – Trade Marks Act (Cap 332, 1992 Ed) s 22(7) — Trade Marks and Trade Names – Revocation – Distinctive character – Trade Marks Act (Cap 332, 1992 Ed) s 22(2) — Trade Marks and Trade Names – Revocation – Whether use of variants of trade mark constitutes genuine use for five years – Trade Marks Act (Cap 332, 1992 Ed) s 22(1)(a)"}
{"_id":"keywords_2009_SGHC_25","text":"Contract – Assignment – Requirements for legal and equitable assignment – Section 4(8) Civil Law Act (Cap 43, 1999 Rev Ed)"}
{"_id":"keywords_2005_SGHC_13","text":"Criminal Law – Complicity – Common intention – Accused charged with culpable homicide amounting to murder – Co-accused not causing injury causing death – Whether co-accused implicated in murder through common intention to kill — Criminal Law – Offences – Murder – Accused charged with culpable homicide amounting to murder – Whether accused intending to cause fatal injury – Whether injury caused by accident – Meaning of \"bodily injury\" in s 300(c) Penal Code – Section 300(c) Penal Code(Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2007_SGCA_37","text":"Tort – Negligence – Damages – Pure economic loss – Whether pure economic loss recoverable in Singapore – Whether different test applying in relation to pure economic loss to determine duty of care – Single test to apply notwithstanding damage claimed as pure economic loss — Tort – Negligence – Duty of care – Applicable test to determine existence of duty of care – Relationship between two-stage test and incremental approach – Application of two-stage test comprising first proximity and second policy considerations with threshold consideration of factual foreseeability – Incremental approach as methodological aid in applying specific criterion of two-stage test — Tort – Negligence – Duty of care – Applicable test to determine existence of duty of care – Whether type of damage claimed should result in different test – Application of single (two-stage) test irrespective of type of damage claimed — Tort – Negligence – Duty of care – Whether there was proximity between contractor and certifier given that contractor could submit disputes for arbitration – Whether there was proximity between contractor and certifier given no direct contractual relationship between contractor and certifier – Whether policy considerations negating finding of duty of care"}
{"_id":"keywords_2007_SGCA_10","text":"Contempt of Court – Civil contempt – Mareva injunction ordered by Singapore court in regard of foreign arbitral award – Condition of order of court that certain information to be furnished by appellant to first respondent for specific purpose only – Condition of order of court imposing on respondent implied undertaking not to use information for collateral purpose – Whether breach of such undertaking amounting to breach of court order and contempt of court — Contempt of Court – Civil contempt – Mareva injunction ordered by Singapore court in regard of foreign arbitral award – Order of court expressing that purpose of injunction not to prevent appellant from disposing of assets in ordinary course of business – Whether initiation of garnishee proceedings by first respondent thwarting operation of injunction amounts to contempt of court — Contempt of Court – Civil contempt – Whether third parties may be liable for aiding and abetting contempt of court – Applicable principles"}
{"_id":"keywords_2003_SGHC_186","text":"Criminal Law – Offences – Documents – Falsification of accounts – s 477A Penal Code (Cap 224) — Criminal Procedure and Sentencing – Appeal – Adducing fresh evidence – When additional evidence may be adduced – Threefold test – s 257(1) Criminal Procedure Code (Cap 68) — Criminal Procedure and Sentencing – Sentencing – Principles – Falsification of documents – Applicable principles when determining appropriate sentence — Evidence – Principles – Expert evidence – Purpose of admitting expert evidence – Whether opinion of expert necessary in present case"}
{"_id":"keywords_2004_SGHC_106","text":"Insolvency Law – Bankruptcy – Discharge – Whether bankruptcy order ought to be discharged – Section 124 Bankruptcy Act (Cap 20, 2000 Rev Ed)"}
{"_id":"keywords_2003_SGHC_226","text":"Criminal Procedure and Sentencing – Appeal – Finding of fact by trial judge – Challenge to reliability and veracity of witnesses' testimony – Approach to be adopted by appellate court — Evidence – Proof of evidence – Onus of proof – Defence alleging that complainant had motive to falsely implicate accused – When burden of proof to show lack of such motive shifts to Prosecution — Evidence – Witnesses – Corroboration – Post-incident distress – Approach to be adopted by courts – Exceptions to general approach — Evidence – Witnesses – Corroboration – Sexual offence – Approach to be adopted by the courts – Examination of substance and relevance of evidence – Whether necessary for judge to expressly warn himself of danger of convicting on uncorroborated evidence of complainant"}
{"_id":"keywords_2006_SGHC_117","text":"Criminal Procedure and Sentencing – Deterrence – General and specific – When to apply – Whether court should explain reason for applying deterrence as sentencing consideration – Whether stock phrases to be avoided — Criminal Procedure and Sentencing – Due process – Whether court should employ extreme caution in relying on sentencing considerations not tested in argument — Criminal Procedure and Sentencing – Mitigation – Appeal against sentences for theft and criminal intimidation on ground sentences manifestly excessive – Weight to be accorded to plea of guilt and restitution when deciding on appropriate sentences — Criminal Procedure and Sentencing – Restitution – Whether restoration of status quo may be sentencing consideration — Criminal Procedure and Sentencing – Sentencing – Appeals – Appeal against sentences for theft and criminal intimidation on ground sentences manifestly excessive – Whether criminal antecedent for gaming in common gaming house relevant consideration in sentencing – Whether group offence aggravating factor suggesting act of organised violence – Whether offence taking place in public place an aggravating factor – Whether deterrent sentence warranted"}
{"_id":"keywords_2006_SGHC_2","text":"Civil Procedure – Pleadings – Striking out – Application to strike out statement of claim and reply – Whether paragraphs to be struck out scandalous and designed to embarrass – Order 18 Rules of Court (Cap 322, R 5, 2004 Rev Ed) — Probate and Administration – Grant of letters of administration – Whether assignment of beneficial interest valid – Whether Section 7(2) of the Civil Law Act had been complied with – Whether renunciation in accordance with ss 3, 4 of the Probate and Administration Act (Cap 251, 2000 Rev Ed) -Section 7(2) Civil Law Act (Cap 43, 1999 Rev Ed)"}
{"_id":"keywords_2001_SGHC_142","text":"Tort – Passing off – Goodwill – Whether plaintiffs have goodwill in brand name and names of items of furniture — Tort – Passing off – Requirements to establish an action in passing off – Whether exclusivity in trade name or monopoly of design a requirement"}
{"_id":"keywords_2009_SGCA_16","text":"Criminal Procedure and Sentencing – Mitigation – Whether defence bearing burden of proving any facts relied upon in mitigation on balance of probabilities — Criminal Procedure and Sentencing – Sentencing – Mentally disordered offenders – Whether Hodgson criteria appropriate in Singapore to determine when life imprisonment justified – Whether Hodgson criteria cumulative — Criminal Procedure and Sentencing – Sentencing – Statement of facts referring to psychiatric reports containing statements made by accused to psychiatrists – Whether judge entitled to treat such statements as fact — Criminal Procedure and Sentencing – Sentencing – Wife abetting young lover to kill her husband – Wife suffering from depression caused by husband's abuse – Whether nine years' imprisonment appropriate sentence"}
{"_id":"keywords_2004_SGHC_17","text":"Criminal Procedure and Sentencing – Mitigation – Whether judge must consider all mitigating factors not pleaded by accused or appellant — Criminal Procedure and Sentencing – Sentencing – Principles – Offence of cheating where amount involved large – Whether custodial sentence necessary – When fine appropriate — Criminal Procedure and Sentencing – Sentencing – Principles – Offences involving misuse of Internet – Factors to be considered when imposing sentence"}
{"_id":"keywords_2005_SGHC_211","text":"Companies – Memorandum and articles of association – Articles of association amended – Minute of directors' meeting stipulating effective date of amendments – Stipulation not evident on face of amendments – When amendments to articles of association taking effect"}
{"_id":"keywords_2001_SGHC_345","text":"Criminal Procedure and Sentencing – Sentencing – Appellant employing immigration offender – Imposition of benchmark sentence of 12 months' imprisonment – Mitigating factors – Appellant of advanced age – Short period of employment of immigration offender – First offender – Financial hardship to appellant's family – Ill health – Need to balance mitigating factors against other factors – Whether sentence manifestly excessive – s 57(1)(e) Immigration Act (Cap 133, 1997 Ed)"}
{"_id":"keywords_2002_SGHC_79","text":"Family Law – Divorce matrimonial assets – Division – Whether to factor husband's obligation to pay maintenance in determining apportionment of matrimonial assets – Need to consider husband's personal circumstances when making orders for division – Quantification of value of matrimonial assets besides matrimonial flat – Whether appropriate for court to estimate value of such assets and require husband to pay wife her share in cash"}
{"_id":"keywords_2002_SGHC_298","text":"Companies – Directors – Nominee director bound by knowledge of person for whom he acts — Companies – Directors – Powers – Director authorised to sign loan document in absence of formal resolution – Whether board of directors' informal acquiescence sufficient to vest authority in director to accept loan agreement on behalf of company — Contract – Formalities – Existence of agreement – Whether parties aware of loan agreement — Contract – Formalities – Whether loan agreement binding on defendant company"}
{"_id":"keywords_2006_SGHC_99","text":"Civil Procedure – Judgments and orders – Default judgment – Plaintiff obtaining judgment against first and second defendants in default of appearance and in default of defence respectively – Whether judgments should be set aside – Whether judgment against second defendant regularly obtained – Whether first and second defendants' defence having real prospect of success — Civil Procedure – Stay of proceedings – Defendants applying for stay of proceedings brought by plaintiff – Defendants alleging that Malaysia the natural forum – Whether documents giving rise to dispute governed by exclusive jurisdiction clause – Whether sufficient grounds for granting stay shown"}
{"_id":"keywords_2002_SGHC_118","text":"Criminal Law – Statutory offences – Road Traffic Act (Cap 276) – Statutory provision creating an offence – Requirement of mens rea – Legal presumption that mens rea necessary – Circumstances where presumption can be displaced – Relevance of severity of penal sanction in determining whether provision creates strict liability offence — Criminal Procedure and Sentencing – Sentencing – Whether sentence manifestly excessive – Whether to take into account fact of appellant claiming trial instead of pleading guilty – Disqualification order – Whether mandatory sentence of disqualification from holding all classes of driving licences applicable to charge of 'causing' unlawful user – s 79(4) Road Traffic Act (Cap 276, 1997 Ed) — Road Traffic – Offences – Causing heavy motor vehicle exceeding four metres in overall height to be driven without requisite permit – Whether offence of 'causing' unlawful user one of strict liability – Whether appellant causes vehicle to be driven – Whether actus reus of offence proven – Whether appellant exercising reasonable care – s 79(1) Road Traffic Act (Cap 276, 1997 Ed)"}
{"_id":"keywords_2004_SGCA_33","text":"Civil Procedure – Appeals – Appeal against findings of fact by trial judge – Whether findings of trial judge were plainly wrong — Civil Procedure – Pleadings – Whether re-re-amended statement of claim included particular allegation of the defendant's breaches of duty — Tort – Misrepresentation – Whether any loss occasioned by alleged misrepresentation."}
{"_id":"keywords_2007_SGHC_154","text":"Employment Law – Commissioner for labour – Jurisdiction – Whether Commissioner for Labour having power to inquire into complaints of non-workmen employees receiving salaries exceeding $1,600 – Section 115 Employment Act (Cap 91, 1996 Rev Ed) — Employment Law – Contract of service – Termination without notice – Whether accountant employee as defined in Employment Act (Cap 91, 1996 Rev Ed) – Whether notice period during probation same as that after confirmation"}
{"_id":"keywords_2001_SGHC_225","text":"Provident Fund – Contributions – Failure to contribute to employees' Central Provident Fund accounts in respect of ex gratia meal allowances – Definition of remuneration – Whether such allowances amount to 'wages' – ss 2 & 58(b) Central Provident Fund Act (Cap 36, 1999 Ed) — Words and Phrases – 'Remuneration' – 'Wages' – 'Granted' – s 2 Central Provident Fund Act (Cap 36, 1999 Ed)"}
{"_id":"keywords_2002_SGHC_40","text":"Land – Sale of land – Sale by mortgagee in possession – Whether permissible to use forced sale valuation of mortgaged property as theoretical estimate of property's value under mortgagee sale – Distinction between sale by mortgagee and sale by owner – Whether sale price conclusive of property's true market value – Whether experts' valuations admissible in the absence of fault by mortgagee — Land – Sale of land – Sale by mortgagee in possession – Appropriate focus in assessing whether mortgagee in breach of duty – Whether reasonable steps taken by mortgagee to sell property – Whether fair to expect mortgagee to get price that meets experts' valuation — Land – Sale of land – Sale by mortgagee in possession – Duty of mortgagee when exercising power of sale – Realising true market value of property — Land – Sale of land – Sale by mortgagee in possession – Whether mortgagee under obligation to account for notional rent – Circumstances under which mortgagee liable to account for such rent — Land – Sale of land – Sale by mortgagee in possession – Duty of mortgagee when exercising power of sale – Efforts to sell property – Duty to maintain property – Duty to advertise sale adequately – Duty to choose appropriate method of sale – Duty to put potential buyers in competition with each other – Whether reasonable steps taken by defendants to get true market value of property"}
{"_id":"keywords_2004_SGHC_192","text":"Companies – Directors – Duties – Breach of fiduciary duties – Whether director breached fiduciary duties by failing to disclose personal interest in transactions of company – s 156(1) Companies Act (Cap 50, 1994 Rev Ed) — Companies – Directors – Liabilities – Whether director liable to account for unauthorised profits made as a result of failure to disclose personal interest in transactions of company – Whether director liable to compensate company in damages"}
{"_id":"keywords_2005_SGHC_178","text":"Companies – Receiver and manager – Appointment – Schemes of arrangement – Whether appointment of receiver and manager necessary for making of informed decision on proposed scheme of arrangement"}
{"_id":"keywords_2000_SGCA_45","text":"Contract – Contractual terms – Conditions precedent – Difference between condition precedent to formation of contract and condition precedent to performance of contractual obligations – Option to purchase property – Option clause that sale \"subject to\" sellers removing caveat lodged by original purchasers – Sellers failing to remove caveat after taking all reasonable steps – Sale not completed – Whether clause imposes absolute obligation on sellers to remove caveat – Whether other clause requiring seller to convey property free of encumbrances germane to construction of 'subject to' clause"}
{"_id":"keywords_2005_SGCA_49","text":"Administrative Law – Disciplinary proceedings – Scope of Disciplinary Committee's power to order costs under Medical Registration Act – Whether costs incurred for work done for proceedings before Complaints Committee incidental to proceedings before Disciplinary Committee – Section 45(4) Medical Registration Act (Cap 174, 2004 Rev Ed) — Civil Procedure – Costs – Taxation – Principles to be applied – Particulars required to be furnished in bill of costs"}
{"_id":"keywords_2003_SGCA_11","text":"Criminal Law – Controlled drugs – Trafficking – Accused claimed that the drugs belonged to another person – Failure to provide any details of alleged owner of the drugs – Whether the accused was a trafficker — Criminal Law – Controlled drugs – Trafficking – Possession – Accused admitted to throwing white plastic bag and slabs of drugs outside flat – White plastic bag and bundles containing drugs recovered from ground floor of accusedÂ’s flat – Whether prosecution had proved possession of drugs by accused beyond reasonable doubt — Evidence – Confession – Confession retracted – Inconsistency between confessions and evidence at trial – No good explanation offered – Whether accused may be convicted solely on the strength of his retracted confession"}
{"_id":"keywords_2008_SGHC_144","text":"Betting, Gaming and Lotteries – Wagering contracts – Debtor borrowing moneys in Las Vegas to gamble – Creditor obtaining foreign judgments to recover debt – Creditor commencing present action to enforce foreign judgments – Whether foreign wagering contract valid under foreign law unenforceable – Whether present action brought to enforce foreign judgments obtained pursuant to wagering contract prohibited – Sections 5(1) and 5(2) Civil Law Act (Cap 43, 1999 Rev Ed) — Limitation of Actions – Particular causes of action – Enforcement of foreign judgments – Creditor obtaining several foreign judgments to recover same debt – Test to determine which judgment being enforced in present action – Whether time bar for enforcement of foreign judgments six years or 12 years – Sections 6(1)(a) and 6(3) Limitation Act (Cap 163, 1996 Rev Ed)"}
{"_id":"keywords_2006_SGHC_201","text":"Criminal Procedure and Sentencing – Revision of proceedings – Witness remaining in court before testifying while other witnesses giving evidence at applicant's criminal trial – Trial judge refusing to \"abort\" trial on account of witness' presence in court – Applicant filing criminal motion in High Court for order of \"mistrial\" even though trial not concluded – Whether application premature – When witness may remain in court before testimony given"}
{"_id":"keywords_2003_SGCA_27","text":"Contract – Contractual terms – Implied terms – Rules of club giving discretion to proprietors to admit as many members as they wanted – Whether discretion must be exercised consistent with object of contract — Contract – Misrepresentation act – Statements of intention – Representations made about club while club still under construction – Whether representations actionable — Contract – Misrepresentation act – Whether common law position as to what is actionable misrepresentation changed by s 2(1) Misrepresentation Act (Cap 390, 1994 Rev Ed)"}
{"_id":"keywords_2003_SGHC_157","text":"Criminal Procedure and Sentencing – Sentencing – Criminal breach of trust – Relevance of value of property misappropriated — Criminal Procedure and Sentencing – Sentencing – Appeals – Whether sentence imposed by trial judge was manifestly excessive — Criminal Procedure and Sentencing – Appeal – Findings of fact by trial judge – Treatment by appellate court"}
{"_id":"keywords_2006_SGHC_155","text":"Criminal Procedure and Sentencing – Mitigation – Weight to be accorded to plea of guilt and remedial action when deciding appropriate sentence – Whether plea of guilt motivated by genuine remorse, contriteness or regret and/or desire to facilitate administration of justice — Criminal Procedure and Sentencing – Sentencing – Maximum sentence – Whether strict liability offence automatically attracting maximum sentence prescribed for offence – Whether sentence must be proportionate to culpability of offender and legislative scheme – Section 88A(5)(b) Administration of Muslim Law Act (Cap 3, 1999 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Procedural formalities in taking offences into consideration – Whether trial judge entitled to take into account admission of previous offences for which accused not charged for purposes of sentencing — Criminal Procedure and Sentencing – Sentencing – Principles – Public interest – Whether public interest constituting distinct and autonomous sentencing principle"}
{"_id":"keywords_2008_SGCA_7","text":"Administrative Law – Statutory requirement that method of distribution of sale proceeds be stated in sale and purchase agreement – Non-compliance with requirement – Whether application to Strata Titles Board for approval incompetent and whether Board having jurisdiction to hear application for collective sale — Contract – Contractual terms – Collective sale agreement expressed to terminate within period of validity of sale and purchase agreement – Whether agreements operating independently or sequentially — Land – Sale of land – Section 6(d) Civil Law Act (Cap 43, 1999 Rev Ed) – Price of individual unit not specified in sale and purchase agreement – Whether sale and purchase agreement valid — Land – Strata titles – Collective sales – Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) – Strata Titles Board – Omission to specify in sale and purchase agreement proposed method of distribution of sale proceeds under s 84B(1)(b) – Whether sale and purchase agreement valid — Statutory Interpretation – Construction of statute – Purposive approach – Definitions – Purposive interpretation of s 84A(1) read with s 84A(3) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)"}
{"_id":"keywords_2003_SGCA_31","text":"Admiralty and Shipping – Admiralty jurisdiction and arrest – Action in rem – Whether defendant liable in personam for claim – Whether s 4(4) of the High Court (Admiralty Jurisdiction) Act satisfied – ss 3(1)(h), 4(4) High Court (Admiralty Jurisdiction) Act (Cap 123, 1985 Rev Ed) — Admiralty and Shipping – Practice and procedure of action in rem – Duty of disclosure – Whether discretion exists to set aside warrant of arrest on independent ground of breach of duty to disclose – Whether plaintiff has power to issue warrant of arrest under O 70 r 4 Rules of Court (Cap 322, R 5, 1997 Rev Ed) — Agency – Principal – Undisclosed – Relevant principles in determining whether defendant is undisclosed principal — Contract – Formation – When charterparty concluded – Meaning of \"clean fixed\" in shipping practice – Whether plaintiffs concluded charterparty with shipowners or another party"}
{"_id":"keywords_2001_SGCA_17","text":"Contract – Implied contracts – Whether term should be implied to make employers liable to contractors for defaults of architects in performance of certification duties — Professions – Architects – Building contract – Singapore Institute of Architects standard conditions – Nature of certification duties of architects – Duties of employers/owners in terms of certification duties of architects"}
{"_id":"keywords_2003_SGHC_32","text":"Civil Procedure – Costs – Taxation – Application to review taxation of costs – Whether sum awarded fair and reasonable"}
{"_id":"keywords_2000_SGCA_25","text":"Conflict of Laws – Choice of jurisdiction – Exclusive – Shipper indorsing bill of lading in blank to respondents – Carrier delivering cargo without production of bill of lading – Respondents suing carrier for breach of duty – Carrier seeking stay of action – Jurisdiction clause – Whether real dispute exists – Whether court entitled to consider conflicting opinions of experts on foreign law – Whether strong cause to disregard jurisdiction clause exists"}
{"_id":"keywords_2005_SGHC_114","text":"Arbitration – Arbitral tribunal – Improper conduct – Party to arbitration proceedings seeking further discovery – Whether application for discovery necessary – Whether arbitrator's failure to call for hearing of application before making order amounting to improper conduct of arbitration proceedings and violation of rules of natural justice – Section 22 Arbitration Act (Cap 10, 2002 Rev Ed) — Arbitration – Arbitral tribunal – Powers – Arbitrator ordering exchange of affidavits by certain date failing which hearing to proceed as scheduled – Whether arbitrator acting in excess of power by making such order – Articles 5.1, 12.1(c) Singapore Institute of Architects Arbitration Rules — Arbitration – Arbitral tribunal – Removal – Whether improper conduct or loss of confidence in arbitrator sufficient to justify removal of arbitrator – Whether substantial injustice caused to party seeking removal of arbitrator – Section 16(1)(b) Arbitration Act (Cap 10, 2002 Rev Ed)"}
{"_id":"keywords_2001_SGHC_206","text":"Contract – Intention to create legal relations – Whether payments made by subsidiary proprietor to management corporation to obtain latter's approval to subdivide units contractual in nature – Respective position of parties — Equity – Defences – Laches – estoppel and change of position – Whether defences available bar subsidiary proprietor's claim against management corporation for payments made under mistake of law — Land – Strata titles – Management corporation – poers/rights – Management corporation's right to levy contribution on subsidiary proprietor for upgrading and maintenance of common property as condition for granting approval of subdivision of units – Whether contributions levied and recoverable as money had and received – Whether payments made under mistake of law – Recoverability of payments made under mistake of law – ss 3, 12, 30(2), 42 & 48 Land Titles (Strata) Act (Cap 158, 1999 Ed) — Restitution – Mistake – Monies paid under mistake of law – Right of recovery – Payments by subsidiary proprietor to management corporation to obtain latter's approval to subdivide units – Whether payments recoverable as money had and received – Recoverability of payments made under mistake of law – Whether recovery time-barred — Restitution – Money had and received – Recovery under colore officii principle – Whether principle applicable"}
{"_id":"keywords_2001_SGHC_14","text":"Criminal Law – Offences – Fabricating false evidence for use in judicial proceedings – Whether documents annexed to affidavit forged – Whether affidavit containing false document has to be affirmed before offence made out – Whether court duty bound to ask parties to recall witnesses – s 193 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Sentencing – Manifestly inadequate – Whether careful planning of offence, deliberate fabrication of false evidence, lack of repeatance and wasting court time casting aspersions to exonerate oneself – Imprisonment term to be enhanced – s 256 Criminal Procedure Code (Cap 68)"}
{"_id":"keywords_2007_SGHC_190","text":"Land – Strata titles – Strata titles board – Appeal to High Court from Board's decision – Whether collective sales agreement and sale and purchase agreement valid – Whether Board erring in law in granting collective sale order – Section 84A Land Titles (Strata) Act (Cap 158, 1999 Rev Ed)"}
{"_id":"keywords_2005_SGHC_99","text":"Family Law – Matrimonial assets – Matrimonial home – Division – Whether husband should be awarded larger share of matrimonial home – Whether husband should be awarded share of moneys in joint account and wife's personal account"}
{"_id":"keywords_2003_SGHC_291","text":"Tort – Negligence – Breach of duty – Standard of care – Dangerous goods – Whether defendants breached duty of care in discharging contaminated nitric acid into plaintiffs' vessel without any warning of its nature and characteristics — Tort – Negligence – Duty of care – Dangerous goods – Whether defendants owed duty of care to plaintiffs in discharging contaminated nitric acid into their vessel"}
{"_id":"keywords_2005_SGHC_209","text":"Family Law – Maintenance – Wife – Quantum of maintenance for wife — Family Law – Matrimonial assets – Division – Gifts – Matrimonial Home – Unexplained movements in bank account – Whether division just and equitable"}
{"_id":"keywords_2001_SGHC_62","text":"Companies – Registered office – No board resolution to effect change of address – Whether petitioning creditor could rely on statutory notice of change of registered office – Rule in Turquand's case – Whether petitioning creditor could rely on presumption of regularity — Companies – Winding up – Service of statutory demand on registered address – Registered address changed without directors' resolution – Whether statutory demand validly served – s 254(2)(a) Companies Act (Cap 50, 1994 Ed)"}
{"_id":"keywords_2007_SGHC_8","text":"Criminal Procedure and Sentencing – Sentencing – Mentally disordered offenders – Accused suffering from delusional disorder at time of offence – Risk of recurrence very low but not impossible – Accused's family's undertaking to keep accused under medical observation after release from prison – Accused having prior unblemished record – Whether shorter custodial sentence appropriate — Criminal Procedure and Sentencing – Sentencing – Principles – Whether period of remission should be factor in deciding appropriate length of custodial sentence"}
{"_id":"keywords_2005_SGHC_82","text":"Bills of Exchange and Other Negotiable Instruments – Legal proceedings – Action – Plaintiff lending money to first defendant – First defendant issuing cheques drawn on account of second defendant's sole proprietorship – Whether plaintiff allowed to claim against second defendant as drawer of cheques – Sections 23(1), 27, 29(1), 45(1), 46(3), 46(4) Bills of Exchange Act (Cap 23, 1999 Rev Ed) — Credit and Security – Money and moneylenders – Plaintiff lending money to first defendant – Plaintiff receiving cheques for greater sums of money than amount lent out – Whether plaintiff was moneylender under s 3 of Moneylenders Act – Whether plaintiff's claim on cheques unenforceable – Sections 3, 15 Moneylenders Act (Cap 188, 1985 Rev Ed)"}
{"_id":"keywords_2003_SGCA_46","text":"Civil Procedure – Appeals – Leave – Whether leave to appeal to Court of Appeal required – Section 34(2)(a) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)"}
{"_id":"keywords_2008_SGHC_58","text":"Courts and Jurisdiction – High court – Exercise of revisionary powers – Exercise of revisionary powers where there is a plea of guilty – Section 23 Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) – Sections 266, 267, 268, 269, 270 Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Revision of proceedings – Appropriate course of action after exercise of revisionary powers – Whether matter should be remitted back for trial or stayed – Section 23 Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) – Sections 266, 267, 268, 269, 270 Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Revision of proceedings – Exercise of revisionary powers – Exercise of revisionary powers where there is a plea of guilty – Whether there was serious injustice which would warrant exercise of revisionary power – Presence of serious injustice if pressures faced by accused to plead guilty are such that accused did not genuinely have freedom to choose between pleading guilty and pleading not guilty – Presence of serious injustice if additional evidence before reviewing court casting serious doubts as to guilt of accused – Section 23 Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) – Sections 266, 267, 268, 269, 270 Criminal Procedure Code (Cap 68, 1985 Rev Ed)"}
{"_id":"keywords_2002_SGCA_32","text":"Civil Procedure – Originating processes – Originating summons – Regularity – Whether sufficient particulars to identify cause of action – Whether failure to itemise specific documents sought for fatal to application – O 7 r 3(1) Rules of Court — Civil Procedure – Originating processes – Originating summons – Irregularity – Setting aside for non-compliance with rules – Whether irregularity serious or prejudicial to opposing party – Fresh step in proceedings constituting waiver of irregularity – O 2 r 2 Rules of Court — Land – Strata titles – Management corporation – Delivery of documents – Whether developers of condominium have to hand over accounting documents pertaining to maintenance fund – s 37(4) Land Titles (Strata) Act (Cap 158, 1999 Ed) — Statutory Interpretation – Construction of statute – Right to institute proceedings – Whether s 39 of Interpretation Act (Cap 1, 1999 Ed) precludes civil action based on penal provision when plaintiff suffers no injury – Whether documents relating to maintenance fund relate to condominium developer's 'transaction and financial position' – s 199 Companies Act (Cap 50, 1994 Ed) – s 39 Interpretation Act (Cap 1, 1999 Ed) — Trusts – Trustees – Trust documents – Delivery of documents – Determination of trusteeship – Whether successor trustee can require outgoing trustee to deliver up records pertaining to trust"}
{"_id":"keywords_2024_SGHC_74","text":"[Admiralty and Shipping — Bills of lading — Switch bills of lading — Duty of care — Whether shipowner owed trade financing bank duty of care in issuing switch bills of lading — Whether shipowner breached duty of care in agreeing to issue and issuing switch bills of lading] — [Admiralty and Shipping — Bills of lading — Switch bills of lading — Bailment — Whether shipowner as bailee owed trade financing bank duty in bailment — Whether shipowner breached duty as bailee]"}
{"_id":"keywords_2000_SGHC_65","text":"Companies – Directors – Loan made to another company owned by director – Contravention of s 163(1) of Companies Act (Cap 50, 1994 Rev Ed) – Application for relief under s 391(2) of Companies Act (Cap 50, 1994 Rev Ed) – Whether court has jurisdiction to grant relief under s 391 from prosecution for an offence – ss 163(1) & 391(2) Companies Act (Cap 50, 1994 Rev Ed)"}
{"_id":"keywords_2009_SGCA_1","text":"Civil Procedure – Application for declaration – Locus standi – Whether appellants had locus standi to initiate proceedings – Whether higher standard of locus standi required for application under O 15 r 16 than under O 53 r 1 Rules of Court (Cap 322, R 5, 2006 Rev Ed) – Delay – Whether there was inordinate delay on part of appellants – Whether delay in asserting one's constitutional rights a relevant factor – Order 15 r 16 and O 53 r 1 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Constitutional Law – Equal protection of the law – Whether acquisition of temple property and not nearby mission or church in violation of Art 12 Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) – Fundamental liberties – Freedom of religion – Whether appeal involved alleged violation of Art 15(1) Constitution of the Republic of Singapore – Arts 12 and 15(1) Constitution of the Republic of Singapore (1985 Rev Ed, 1999 Reprint) — Land – Registration of title – Whether particulars of temple property in land-register erroneous and constituting questionable entry – Section 5(3) Land Acquisition Act (Cap 152, 1985 Rev Ed) – Whether acquisition could be challenged for bad faith notwithstanding s 5(3)"}
{"_id":"keywords_2004_SGHC_128","text":"Criminal Law – Offences – Rape – Penal Code (Cap 224, 1985 Rev Ed) s 376(1) – Whether sexual intercourse was consensual – Whether there were one or two occasions of intercourse. — Criminal Procedure and Sentencing – Sentencing – Rape – Appropriate sentence to be passed in light of aggravating factors present."}
{"_id":"keywords_2004_SGHC_167","text":"Civil Procedure – Costs – Certification of costs – Whether plaintiff should be given certification of costs for more than one counsel – Rules of Court (Cap 332, R5, 2004 Rev Ed) O 59 r 19. — Civil Procedure – Costs – Plaintiff obtained judgment against defendant – Whether plaintiff entitled to costs for entire proceedings even though plaintiff failed on one issue raised during trial – Whether plaintiff entitled to claim costs of preparing and filing affidavit of evidence-in-chief that was primarily on the unsuccessful issue. — Civil Procedure – Costs – Plaintiff did not call an intended witness to give evidence – Whether plaintiff entitled to costs of preparing and filing affidavit of evidence-in-chief of such witness – Whether costs reasonably incurred. — Civil Procedure – Offer to settle – Two offers to settle given one after another – Whether earlier offer deemed withdrawn – Subsequent offer given a day after commencement of trial – Whether offer serious and genuine – Whether plaintiff should have benefit of indemnity costs from date of service of offer. — Tort – Conversion – Damages – Interest payable on damages – Appropriate rate of interest – Appropriate date from which interest should run."}
{"_id":"keywords_2003_SGHC_284","text":"Administrative Law – Dismissal from employment – Whether Authorised Officer's decision to dismiss plaintiff from employment was one no rational and fair-minded arbiter would have made"}
{"_id":"keywords_2000_SGCA_43","text":"Civil Procedure – Appeals – Notice of appeal – Extension of time to serve notice of appeal to opposing solicitors – Notice served out of time due to mistake by solicitors' staff – Whether extension should be granted – Whether mistake of solicitor or solicitors' staff can be sufficient ground to grant extension – Whether appeal is hopeless – O 56 r 1(3) Rules of Court 1997 — Civil Procedure – Appeals – Discretion exercised by judge – Whether an appellate court should interfere"}
{"_id":"keywords_2007_SGHC_19","text":"Limitation of Actions – Equity and limitation of actions – Doctrine of laches – Whether claim by beneficiary against personal representative may be barred by doctrine of laches where unconscionability on beneficiary's part existing – Applicable principles — Limitation of Actions – Particular causes of action – Estates of deceased – Whether limitation period under s 23(a) Limitation Act applying to claim concerning real estate – Whether s 22(1)(b) Limitation Act excluding application of limitation period – Sections 2(1), 22(1)(b), 23(a) Limitation Act (Cap 163, 1996 Rev Ed) — Limitation of Actions – When time begins to run – Whether beneficiary may stand by indefinitely and take no steps to assert claim on ground that time bar inapplicable because administration remaining uncompleted even though right to receive share or interest in estate accruing"}
{"_id":"keywords_2007_SGHC_139","text":"Criminal Procedure and Sentencing – Sentencing – Principles – Prosecutorial discretion to proceed with certain charges – Section 18 Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Principles – Cases as guidelines for sentencing – Distinction between rape simpliciter and aggravated rape – Aggravating factors for rape – Whether other aggravating factors existing for rape besides those provided by Legislature – Whether forgiveness by victim mitigating factor – Sections 376(1), 376(2) Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2007_SGCA_47","text":"Commercial Transactions – Sale of goods – Breach of contract – Damages for breach of contract – Distributor purchasing capacitors from sourcing company and reselling them to third party – Components causing third party to suffer damage – Distributor held responsible for damages and settling third party's claim – Whether sourcing company liable to pay distributor amount paid under settlement with third party – Whether damages claimed too remote as sourcing company not told of purpose for use of capacitors — Damages – Measure of damages – Whether settlement reached reasonable and reliable as reflecting actual loss suffered by distributor – Considerations to be taken into account in assessing reasonableness of settlement"}
{"_id":"keywords_2000_SGHC_231","text":"Family Law – Divorce – Matrimonial assets – Division of matrimonial home — Family Law – Divorce – Maintenance – Whether lump sum maintenance award appropriate"}
{"_id":"keywords_2000_SGHC_87","text":"Insolvency Law – Bankruptcy – Petition – Whether dishonesty involved in presentation of petition — Insolvency Law – Bankruptcy – Petition – Time for assessing debtor's inability to pay – Whether presumption of inability to pay properly invoked — Insolvency Law – Bankruptcy – Petition – Statutory minimum debt of $10,000 – Time for applying requirement – s 61(1)(a) Bankruptcy Act (Cap 20, 1996 Ed)"}
{"_id":"keywords_2002_SGHC_154","text":"Criminal Procedure and Sentencing – Sentencing – Culpable homicide not amounting to murder – Other offences relating to abuse of domestic help – Whether court can impose life imprisonment consecutive to a lesser prison sentence when accused convicted on at least three distinct offences – Whether court to take global punishment into account where accused convicted of more than one charge – Appropriate sentence to impose – s 18 Criminal Procedure Code (Cap 68) -ss 73, 304(a), 323 & 324 Penal Code (Cap 224)"}
{"_id":"keywords_2006_SGHC_204","text":"Family Law – Custody – Care and control and access – Whether infant's welfare better looked after by mother or father — Family Law – Maintenance – Wife – Maintenance of former wife – Quantum of maintenance – Matters to be considered – Section 114 Women's Charter (Cap 353, 1997 Rev Ed) — Family Law – Matrimonial assets – Division – Apportionment of assets – Section 112(2) Women's Charter (Cap 353, 1997 Rev Ed)"}
{"_id":"keywords_2004_SGHC_88","text":"Criminal Law – Statutory offences – Misuse of Drugs Act – Whether accused able to disprove presumptions of possession and knowledge of nature of drug on balance of probabilities – Whether accused had imported one or six packs of cannabis – Misuse of Drugs Act (Cap 185, 2001 Rev Ed) s 18(1), s 18(1)(a), s 18(1)(b), s 18(2), s 21"}
{"_id":"keywords_2000_SGHC_69","text":"Land – Strata titles – Management corporation – Defects in common property not affecting all subsidiary lots – Representative action by management corporation on behalf of affected subsidiary proprietors – Not all individual purchasers were subsidiary proprietors – Whether need to establish substantive cause of action against developers – Whether management corporation can rely on agreements between purchasers and developers and sue in contract – Ambit of s 116(1) of the Land Titles (Strata) Act (Cap 158) — Land – Strata titles – Management corporation – Whether management corporation entitled to sue developer in contract in its own right – ss 33(1), 33(2) Land Titles (Strata) Act (Cap 158) — Land – Strata titles – Operation of s 116(1), Land Titles (Strata) Act (Cap 158)"}
{"_id":"keywords_2000_SGHC_20","text":"Agency – Competency of agents – General manager not expressly authorised to commit first defendants – Whether general manager has apparent authority to commit first defendants to compromise agreement — Banking – Lending and security – Loan to first defendants' subsidiary – First defendants furnishing letters of awareness to plaintiffs as part of loan agreement – Whether plaintiffs relying on letters of awareness – Whether plaintiffs has legal recourse against first defendant — Contract – Intention to create legal relations – Plaintiffs making loan to defendants' subsidiary – First defendants furnishing letters of awareness to plaintiffs as part of loan agreement -Subsidiary going into liquidation – Plaintiffs suing first defendants for subsidiary's debt – Intentions of parties in relation to letters of awareness not expressly stated – Presumption of intention to create legal relations – Whether parties intend to create legal relations – Whether letters of awareness have contractual effect — Contract – Contractual terms – Operative clauses in letters of awareness ambiguous and general – Effect of operative clauses"}
{"_id":"keywords_2003_SGHC_161","text":"Criminal Procedure and Sentencing – Appeal – Finding of fact by trial judge in offences involving white collar crime where evidence destroyed or fabricated – Approach to be adopted by appellate court in examining the trial judge's findings of facts — Evidence – Admissibility of evidence – Hearsay – Computer output – Operation of ss 34 and 35 Evidence Act (Cap 97, 1997 Rev Ed) – Requirements under s 35 Evidence Act — Evidence – Weight of evidence – Accuracy and authenticity of computer output – Operation of s 36(4) Evidence Act (Cap 97, 1997 Rev Ed)"}
{"_id":"keywords_2002_SGCA_6","text":"Land – Conveyance – Leases – Form – Lease of registered land exceeding seven years – Whether lease must be in approved form – s 87(1) Land Titles Act (Cap 157, 1994 Ed) — Landlord and Tenant – Agreements for leases – Lease not in approved form – Whether void at law -Whether agreement devoid of any legal effect or incapable of creating any rights – Whether agreement enforceable in equity – ss 2 & 53(1) Conveyancing and Law of Property Act (Cap 61, 1994 Ed) – s 45(2) Land Titles Act (Cap 157, 1994 Ed) — Planning Law – Planning control – Development and subdivision of land – Agreement to lease premises – Lease not in approved form – Whether breach of provisions of Planning Act (Cap 232, 1990 Ed) rendering lease void and unenforceable – ss 2(2) & 10(3) Planning Act (Cap 232, 1990 Ed) – s 165(1) Land Titles Act (Cap 157, 1994 Ed)"}
{"_id":"keywords_2001_SGHC_325","text":"Contract – Contractual terms – Employment contract – Exclusion clause – Whether clause limits employer's liability for personal injuries – Whether clause contravenes s 2 of Unfair Contract Terms Act (Cap 396, 1994 Ed) – Whether clause precludes plaintiff from suing in tort – Scope and interpretation of s 2(1) – s 2 Unfair Contract Terms Act (Cap 396,1994 Ed) — Damages – Measure of damages – Fracture of bone in heel – Fracture united but plaintiff predisposed to post-traumatic arthritis – Loss of flexion with residual pain and stiffness in foot – General damages for pain and suffering – Damages for loss of future earnings – Costs for future surgery — Damages – Measure of damages – Pre-trial loss of earnings – Plaintiff's duty to mitigate loss by returning to work – Burden of proving mitigation — Tort – Negligence – Contributory negligence – Personal injury during course of employment – Plaintiff ascending staircase which collapses – Lack of warning or barricades – Whether reasonable worker would use staircase – Whether plaintiff contributorily negligent"}
{"_id":"keywords_2003_SGHC_147","text":"Criminal Procedure and Sentencing – Sentencing – Aggravating factors – Definition of 'aggravating factor' – Not to be confused with 'aggravated offence' — Criminal Procedure and Sentencing – Sentencing – Mitigating factors – Whether mental condition a mitigating factor"}
{"_id":"keywords_2009_SGHC_170","text":"Criminal Procedure and Sentencing – Charge – Withdrawal – Accused pleading guilty to charge – District judge convicting accused and adjourning trial for sentencing – Whether Prosecution may exercise discretion not to further prosecute accused – Whether judge should exercise discretion to grant a discharge amounting to acquittal — Criminal Procedure and Sentencing – Judgment – Accused pleading guilty to charge – District judge convicting accused and adjourning trial for sentencing – Prosecution attempting to not prosecute accused further – Criminal Procedure Code (Cap 68, 1985 Rev Ed) allowing for this only \"before judgment has been delivered\" – Whether \"judgment\" included pronouncement of sentence – Section 184 Criminal Procedure Code (Cap 68, 1985 Rev Ed)"}
{"_id":"keywords_2005_SGHC_205","text":"Civil Procedure – Appeals – Trial judge's findings of fact – When appellate court should interfere with trial judge's findings of fact — Civil Procedure – Pleadings – Appellant omitting to plead certain fact – Whether appellant entitled to rely on fact not pleaded"}
{"_id":"keywords_2009_SGCA_56","text":"Family Law – Legitimacy – Effects of illegitimacy — Family Law – Maintenance – Child"}
{"_id":"keywords_2004_SGHC_86","text":"Contract – Breach – Whether plaintiffs in breach of contract by failing to complete their work on time. — Contract – Waiver – Plaintiffs supplied different models of equipment from those stipulated in contract – Whether defendants' act of accepting newer models and certifying that plaintiffs had completed 100% of the work under the contract amounted to waiver of requirement that plaintiffs adhere to strict terms of contract."}
{"_id":"keywords_2004_SGHC_170","text":"Civil Procedure – Appeals – Leave – Successful plaintiff denied full costs of action as it failed on issue raised during trial – Whether plaintiff should be granted leave to appeal against judgment on costs – Section 34(2)(b) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)"}
{"_id":"keywords_2000_SGCA_50","text":"Contract – Breach – Repudiatory breach – Exhibition organiser mismanaging exhibition – Whether mismanagement constitutes repudiatory breach – Whether mismanagement sufficient to justify termination by company — Contract – Contractual terms – Implied terms – \"Necessity\" – Non-competition clauses – Exhibition organiser organising competing exhibition – No express non-competition clause – Whether such term to be implied — Contract – Privity of contract – Parties – Association wholly owning and managing company – Company in contract with exhibition organiser – Whether company an agent of association – Whether both one and the same party — Partnership – Partners inter se – Whether partnership existed between company and exhibition organizer – Whether exhibition organiser owes fiduciary duty to company"}
{"_id":"keywords_2003_SGHC_17","text":"Criminal Procedure and Sentencing – Sentencing – Considerations – Using vehicle without third-party risks insurance cover – Whether holding foreign driving licence a mitigating factor – Whether driving without valid local driving licence an aggravating factor – Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) ss 3(1) and 3(2)"}
{"_id":"keywords_2007_SGHC_16","text":"Civil Procedure – Default judgment – Court granting application to set aside default judgment but imposing condition that appellant furnish security – Whether court should exercise discretion to set aside condition – Applicable principles – Order 19 r 9 Rules of Court (Cap 322, R 5, 2006 Rev Ed)"}
{"_id":"keywords_2003_SGHC_229","text":"Companies – Directors – Liabilities – Whether director of company personally liable for torts committed by the company — Contract – Intention to create legal relations – Whether there was intention to create legal relations in situation where defendant doing plaintiff a favour – Relevance of defendant making secret profit or commission from plaintiff — Damages – Quantum – General damages for pain and suffering – Whether award of $250,000 for general damages too high – Multiplier for annual medical expenses — Damages – Quantum – Loss of earning capacity in entertainment industry – Multiplicand and multiplier to be used — Tort – Negligence – Breach of duty – Whether importer and distributor of slimming pills in breach of duty of care for failing to keep proper records of consignments of pills and to do proper batch tests – Whether wholesaler of slimming pills in breach of duty of care for placing blind faith in the importer and distributor — Tort – Negligence – Causation – Whether circumstantial evidence proved on a balance of probabilities that slimming pills had caused the plaintiff's liver failure – Whether break in chain of causation when the plaintiff obtained the pills from non-official retail sources — Tort – Negligence – Damages – Types of damages claimable by plaintiff – Whether plaintiff obliged to mitigate loss by having liver transplant operation done at National University Hospital instead of Gleneagles Hospital — Tort – Negligence – Duty of care – Whether importer and distributor of slimming pills owed duty of care to customers – Whether duty of care extended to conducting \"due diligence\" check on the manufacturer – Whether wholesaler of slimming pills owed duty to consumers to exercise reasonable care in promotion, endorsement and advertisement of the pills"}
{"_id":"keywords_2001_SGHC_102","text":"Criminal Procedure and Sentencing – Compounding of offences – Composition before date of arrest or application for warrant of arrest or summons – Whether consent of court necessary – s 199(1) Criminal Procedure Code (Cap 68) — Criminal Procedure and Sentencing – Criminal references – Determination of criminal matter by High Court in exercise of appellate jurisdiction – Application by accused to refer question of law to Court of Appeal – Whether court ought to exercise discretion to allow reference to Court of Appeal -s 60(1) Supreme Court of Judicature Act (Cap 322, 1999 Ed) — Criminal Procedure and Sentencing – Sentencing – Penalties – Hurt – Road bully causing hurt to victim – String of antecedents and no signs of remorse – Whether sentence of three months' imprisonment manifestly inadequate – s 323 Penal Code (Cap 224)"}
{"_id":"keywords_2023_SGHC_16","text":"[Conflict Of Laws — Foreign judgments — Recognition — Judgment given in foreign court on gambling debt — Whether Singapore courts precluded from recognising foreign judgment on grounds of public policy — Section 5(2) Civil Law Act (Cap 43, 1999 Rev Ed) — Section 3(2)(f) Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed)] — [Courts and Jurisdiction — Court judgments — Binding force — Stare decisis — Earlier decision of Court of Appeal regarded by subsequent Court of Appeal as incorrect in obiter dicta — Whether High Court bound by earlier decision of Court of Appeal]"}
{"_id":"keywords_2007_SGCA_4","text":"Land – Caveats – Wrongful lodgment – Compensation payable – Principles for awarding damages for wrongful refusal to withdraw caveat against registered land – Section 128(1) Land Titles Act (Cap 157, 2004 Rev Ed) — Words and Phrases – \"Vexatiously\" – Section 128(1) Land Titles Act (Cap 157, 2004 Rev Ed) — Words and Phrases – \"Without reasonable cause\" – Section 128(1) Land Titles Act (Cap 157, 2004 Rev Ed) — Words and Phrases – \"Wrongfully\" – Section 128(1) Land Titles Act (Cap 157, 2004 Rev Ed)"}
{"_id":"keywords_2004_SGHC_264","text":"Patents and Inventions – Assignment – Plaintiff assigning title in patent application for invention to defendant company – Plaintiff claiming payment for assignment – Whether plaintiff had full title to invention or the patent application"}
{"_id":"keywords_2003_SGHC_273","text":"Criminal Procedure and Sentencing – Appeal – Findings of fact by trial judge – Principles of intervention by appellate court – Whether findings of fact should be disturbed — Criminal Procedure and Sentencing – Trials – Calling of witnesses by the trial judge – Mandatory or discretionary – Whether trial judge had duty to call witnesses on behalf of unrepresented defendant – s 399 Criminal Procedure Code (Cap 68)"}
{"_id":"keywords_2008_SGCA_1","text":"Companies – Winding up – Determining existence of substantial and bona fide dispute – Whether court could evaluate evidence – Applicable standard — Conflict of Laws – Choice of law – Contract – Deed without express choice of law clause – Whether there was implied choice of Singapore or Chinese law – Factors pointing away from implied choice of Chinese law but not towards Singapore law – Which law having closest and most real connection with contract – Applicable principles — Courts and Jurisdiction – Judges – Natural justice – Court deciding case on ground not raised by parties – Whether there was breach of audi alteram partem principle — Credit and Security – Guarantees and indemnities – Contracts of indemnity – Deed of indemnity as security for financial assistance under void contract – Whether indemnity's enforceability independent of underlying contract's validity — Evidence – Admissibility of evidence – Foreign law – Expert opinion – Requirements for expert report – Duties of foreign law expert – Duties of solicitor engaging foreign law expert – Order 40A rr 2, 3 Rules of Court (Cap 322, R 5, 2006 Rev Ed)"}
{"_id":"keywords_2000_SGHC_258","text":"Criminal Procedure and Sentencing – Sentencing – Young offenders – Detention at Boys' Home – Whether has power to refer appellant to District Court for sentencing to reformative training – Juvenile Court – s 44(2)(e) Children and Young Persons Act (Cap 38) — Criminal Procedure and Sentencing – Sentencing – Young offenders – Chance for rehabilitation – Whether reformative training oppositee – Whether second sentence of reformative training excessive — Words and Phrases – \"Of so unruly a character\" – s 44(2)(e) Children and Young Persons Act (Cap 38)"}
{"_id":"keywords_2000_SGCA_28","text":"Admiralty and Shipping – Carriage of goods by sea – Wrongful interference and detention of cargo by shipowner – Shipowner's right of lien over cargoes – Ownership of cargo – Lien clause in head time charter – Existence of spot charter between time charterers and bill of lading holders – Whether lien clause incorporated into bill of lading or spot charter — Contract – Collateral contracts – Formation of contract – Whether collateral contract formed through exchange of telexes – Acceptance of entire terms by shipowner"}
{"_id":"keywords_2000_SGHC_46","text":"Civil Procedure – Summary judgment – Whether plaintiffs' affidavit contains all necessary evidence in support of claim – O 14 r 2 Rules of Court 1997 — Contract – Illegality and public policy – Loan agreement – Whether enforceable – Whether loan illegal under s 29(1) of Banking Act (Cap 19, 1999 Rev Ed) – Whether loan illegal under ss 4(1), 4(2) and 8 of Exchange Control Act of Malaysia – Whether loan illegal under Bretton Woods Agreements Act (Cap 27, 1985 Rev Ed) – Whether loan illegal under Malaysian Code on Take-overs and Mergers and Securities Commission Act of Malaysia"}
{"_id":"keywords_2004_SGHC_32","text":"Admiralty and Shipping – Carriage of goods by sea – Cargo carried on board vessel lost – Cargo owners commenced action against shipowners – Whether shipowners were proper parties to be sued – Whether the vessels were demise chartered to third parties"}
{"_id":"keywords_2006_SGHC_226","text":"Criminal Procedure and Sentencing – Revision of proceedings – Whether enhanced punishment by way of mandatory imprisonment applicable to offences of abetting unlicensed moneylender to carry out business as moneylender – Whether district judge erring in failing to impose mandatory imprisonment terms for such offences – Whether enhanced punishment applicable only to principal offence – Section 8(1)(b) Moneylenders Act (Cap 188, 1985 Rev Ed), s 109 Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2007_SGHC_160","text":"Damages – Measure of damages – Tort – Conversion – Measure of damages is reasonable sum for hire during period of detention – Whether quantum of damages for period of detention measured by taking rates for individual components – Measure and quantum of damages for items lost"}
{"_id":"keywords_2003_SGHC_54","text":"Criminal Procedure and Sentencing – Sentencing – Plea of guilt – Mitigating factor – Good character – Accused was a teacher who had had a beneficial effect on his students — Criminal Procedure and Sentencing – Sentencing – Carnal intercourse against order of nature -Fellatio – Relevant considerations in sentencing – Whether necessary to give different sentences for offences where accused performed fellatio on victim and offences where accused received fellatio from victim – Penal Code (Cap 224) s 377"}
{"_id":"keywords_2001_SGCA_25","text":"Criminal Procedure and Sentencing – Appeal – Carnal intercourse against order of nature – Fellatio – Whether sentence manifestly excessive and/or crushing – s 377 Penal Code (Cap 224)"}
{"_id":"keywords_2002_SGCA_37","text":"Civil Procedure – Pleadings – Adequacy of pleadings – Whether necessary to plead questions or presumptions of law — Companies – Capacity – Indoor management rule – Rule in Turquand's case – Applicability of rule"}
{"_id":"keywords_2006_SGHC_187","text":"Companies – Directors – Removal – First plaintiff and defendant directors of company – Defendant purporting to remove first plaintiff as director on ground of gross misconduct – First plaintiff applying for declaratory order that defendant be restrained from purporting to remove first plaintiff as director of company – Whether plaintiff guilty of alleged gross misconduct — Companies – Directors – Resolutions – First plaintiff and defendant directors of company – Defendant purporting to remove first plaintiff as director through circular resolution calling for extraordinary general meeting – Proposed resolution not circulated to first plaintiff – Whether resolution valid — Courts and Jurisdiction – Court judgments – Declaratory – Conditions for granting declaratory order – Whether fact that default judgment entered against one of two defendants making declaratory order against other defendant unnecessary"}
{"_id":"keywords_2008_SGCA_30","text":"Limitation of Actions – When time begins to run – Action in contract and tort against architects for wrongfully issuing termination certificate – Whether time began to run from date of accrual of cause of action or date house owner had knowledge of architects' negligence in issuing termination certificate – Sections 6, 24A(3) Limitation Act (Cap 163, 1996 Rev Ed)"}
{"_id":"keywords_2006_SGHC_195","text":"Civil Procedure – Costs – Principles – Whether costs should fall on plaintiff or respondent where a particular matter has been withdrawn, discontinued or set aside without a final determination on the merits"}
{"_id":"keywords_2007_SGHC_13","text":"Tort – Negligence – Duty of care – Company employee perpetrating fraud on company over period of three financial years thereby causing company to suffer loss – Company's auditor failing to detect such fraud when auditing company's accounts – Whether such fraud rendered possible by neglect and want of professional skill of auditor of company – Whether auditor owing company duty of care to detect such fraud – Nature and scope of auditor's duty of care – Whether auditor breaching such duty of care – Whether company contributorily negligent for loss suffered"}
{"_id":"keywords_2006_SGHC_125","text":"Legal Profession – Admission – Ad hoc – Application of Queen's Counsel – Three-stage test – Case must be of sufficient difficulty and complexity and court must have regard to the circumstances in the case – Whether application raised issues of law or fact of sufficient difficulty or complexity – Whether circumstances of the case justify admission of Queen's Counsel – Section 21 Legal Profession Act (Cap 161, 1990 Ed)"}
{"_id":"keywords_2006_SGHC_109","text":"Civil Procedure – Injunctions – Application for cancellation of shares issued and rectification of share register – Whether American Cyanamid Co v Ethicon Ltd requirements for mandatory injunction satisfied"}
{"_id":"keywords_2000_SGHC_169","text":"Legal Profession – Professional conduct – Grossly improper conduct – Practice Directions para 2.3 – Property developer inviting solicitors to be on panel of solicitors – Property developer devising scheme offering financial advantage to buyers if solicitors on panel used – Whether solicitors agreed to, and participated in, the scheme – Whether solicitors guilty of improper conduct or practice as advocate and solicitor – Whether solicitors guilty of misconduct unbefitting advocate and solicitor – ss 5(c) & 83(2)(b) Legal Profession Act (Cap 161, 1994 Ed)"}
{"_id":"keywords_2004_SGHC_270","text":"Companies – Schemes of arrangement – Classification of creditors – Whether related and unrelated unsecured creditors should be treated as falling within the same class of creditors for the purpose of sanctioning a scheme of arrangement — Companies – Schemes of arrangement – Court's power to sanction proposed scheme of arrangement – Whether sufficient information provided to creditors at creditors' meeting"}
{"_id":"keywords_2004_SGCA_26","text":"Civil Procedure – Appeals – Leave – Final and conclusive nature of refusal of leave to appeal — Civil Procedure – Offer to settle – Whether Calderbank letter amounts to statutory offer to settle – Whether successive statutory offers to settle supersede earlier statutory offers to settle – Order 22A Rules of Court (Cap 322, R 5, 1997 Rev Ed)"}
{"_id":"keywords_2004_SGHC_123","text":"Commercial Transactions – Sale of goods – Sale and purchase of metals stored in warehouses in Singapore – Whether metals ascertained by appropriation to each contract of purchase – Whether appropriation achieved by way of warehouse accounting system – Whether metals wrongfully commingled with other metals — Commercial Transactions – Sale of goods – Sale and purchase of metals stored in warehouses in Singapore – Whether metals sold forming part of bulk identified by subsequent agreement between the parties – Section 20A Sale of Goods Act (Cap 393, 1999 Rev Ed) — Insolvency Law – Winding up – Liquidator – Whether liquidator could be estopped by representations made by company — Tort – Conversion – Claim in conversion – Whether plaintiff had converted defendant's metals"}
{"_id":"keywords_2005_SGHC_142","text":"Criminal Law – Offences – Grievous hurt – Voluntarily causing grievous hurt – Whether appellant caused victim's injury – Whether appellant intended to cause or knew he was likely to cause grievous hurt – Section 325 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – General exceptions – Accident – Whether act done \"by accident or misfortune\" and \"with proper care and caution\" – Section 80 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Law – General exceptions – Private defence – Whether appellant under reasonable apprehension of danger to body from attempt or threat to commit offence – Section 102 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Appeal – Findings of fact based on assessment of witnesses' credibility and veracity – Whether trial judge's findings plainly wrong or against weight of objective evidence — Criminal Procedure and Sentencing – Sentencing – Aggravating factors – Appellant's conduct at trial – Appellant charged with more serious of two similar offences"}
{"_id":"keywords_2004_SGHC_72","text":"Criminal Law – Abetment – Abetment by conspiracy – Elements of offence – Section 107 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Appeal – Power of appellate court to reverse findings of fact – Applicable principles – Discrepancies in evidence – Whether any reason to interfere with trial judge's findings of fact — Criminal Procedure and Sentencing – Sentencing – Principles – Whether principle of equal culpability between giver and receiver in corruption offence breached – Whether corruption in commercial context warranted custodial sentence"}
{"_id":"keywords_2006_SGHC_133","text":"Revenue Law – Property tax – Annual value – Whether owner of shopping centre entitled to deduct all reasonable advertising and promotional expenses from gross rental paid by tenants for purpose of ascertaining annual value of shopping centre"}
{"_id":"keywords_2005_SGHC_18","text":"Contract – Breach – Plaintiff claiming for various bonuses under contract – Whether entitled to 13th-month bonus – Whether entitled to incentive bonus – Whether incentive scheme rescinded by plaintiff's letter — Contract – Breach – Defendant counterclaiming for damages for plaintiff's breach of termination clause -Whether plaintiff entitled to treat contract as at an end – Whether plaintiff in breach of termination clause — Contract – Mistake – Recovery of money paid under mistake – Whether defendant entitled to recover payout to plaintiff on the ground of its mistaken belief that targets met"}
{"_id":"keywords_2004_SGHC_181","text":"Land – Conveyance – Consideration for property transferred to defendants fixed arbitrarily – Transferor controlling mind of defendants – Transferor intending to defraud plaintiff – Whether defendants acquired property for valuable or good consideration and in good faith – Whether defendants had notice of transferor's intention to defraud plaintiff – Section 73B Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) — Land – Conveyance – Elements to be established by plaintiff to found cause of action – Defences available to defendant – Section 73B Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) — Land – Conveyance – Transferor failing to honour financial agreement with plaintiff – Whether plaintiff a creditor – Whether plaintiff prejudiced by conveyance of property – Section 73B Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) — Land – Conveyance – Transferor intending to reduce plaintiff's share of matrimonial assets upon divorce by transfer of property – Whether conveyance made with intention of defrauding creditors – Section 73B Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) — Land – Conveyance – Transferor transferring property to defendants purportedly as return of gift – Whether amounting to conveyance of property – Section 73B Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)"}
{"_id":"keywords_2003_SGHC_46","text":"Criminal Law – Culpable homicide not amounting to murder – Common intention – Accused did not wield the knife that killed the deceased – Role in the assault – Sentence."}
{"_id":"keywords_2007_SGHC_217","text":"Administrative Law – Natural justice – Trial judge descending into arena and questioning accused using cross-examination-like questions – Trial judge relying on evidence from own line of questioning in justifying finding of fact in grounds of decision – Prohibition against assuming inquisitorial role – Whether trial judge's judgment and ability to properly evaluate and weigh evidence impaired – Whether trial rendered unfair and conviction ought to be quashed — Criminal Procedure and Sentencing – Appeal – Acquittal – Applicable principles in deciding whether to acquit or to order retrial"}
{"_id":"keywords_2004_SGHC_178","text":"Civil Procedure – Originating processes – Plaintiff commencing action in negligence by way of originating summons – Whether action should be commenced by way of writ of summons — Contract – Plaintiff to credit developer for money saved from changing piping material – Plaintiff's calculations differing from defendant's calculations of value of such savings – Whether defendant adopted wrong formula for calculation – Whether matter of contract — Tort – Inducement of breach of contract – Whether defendant's calculation of savings induced developer to breach its contract with plaintiff — Tort – Negligence – Breach of duty – Whether defendant contractually bound to certify savings or reimbursement – Whether defendant in breach of any duty of care owed to plaintiff by calculating savings as such"}
{"_id":"keywords_2004_SGHC_161","text":"Partnership – Partners inter se – Accounts – Business of partnership transferred to company – Appeal against findings of Assistant Registrar regarding accounts and inquiries made in respect of assets of partnership."}
{"_id":"keywords_2002_SGCA_27","text":"Evidence – Admissibility of evidence – Retracted confessions – Both accused making incriminating statements to Central Narcotics Bureau – Subsequent retraction of statements – Whether statements confessions – Whether accused can be convicted on own retracted confession – Whether accused's retracted confession can be used against co-accused – Whether confessions voluntary and true – Whether explanations for retractions credible — Evidence – Weight of evidence – Accused's statements implicating co-accused – Weight to be ascribed — Criminal Law – Complicity – Common intention – Both accused handling and repacking controlled drugs in room – Whether possession of drugs in furtherance of common intention to traffic -Whether failure by trial judge to direct himself sufficiently on issue – s 34 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Alibi – Surprise defence of alibi during trial – Whether witness's particulars ought to be furnished earlier to prosecution – Burden of proof of alibi – Whether adverse inference ought to be drawn against prosecution for not calling witness – s 155(1) Criminal Procedure Code (Cap 68) – s 105 Evidence Act (Cap 97, 1997 Ed)"}
{"_id":"keywords_2008_SGCA_33","text":"Companies – Winding up – Applicant for winding up being sued by company for breach of director's duties – Application brought long after ground for winding up came into existence – Whether winding-up application an abuse of process – Duty of judge in evaluating merits of winding-up application"}
{"_id":"keywords_2004_SGHC_65","text":"Provident Fund – Beneficiary – Nomination – Failure to make nomination – Whether Public Trustee should dispose of CPF money in accordance with Intestate Succession Act or tesator's will – s 25(2) Central Provident Fund Act (Cap 36, 2001 Rev Ed) – Intestate Succession Act (Cap 146, 1985 Rev Ed) — Provident Fund – Beneficiary – Nomination – Non-compliance with rules of attestation – Whether nomination null and void – Section 25(1) Central Provident Fund Act (Cap 36, 2001 Rev Ed), r 4 Central Provident Fund (Nominations) Rules (Cap 36, R 1, 1998 Rev Ed) — Provident Fund – Beneficiary – Nomination – Whether mother had standing to challenge daughter's CPF nomination — Succession and Wills – Power of disposition by will – Whether testator could dispose of CPF moneys in will – Whether CPF money payable to sole beneficiary under will if CPF nomination invalid — Words and Phrases – \"Shall\" – Use of the word \"shall\" in legislation -Test to be applied – Rule 4 Central Provident Fund (Nominations) Rules (Cap 36, R 1, 1998 Rev Ed) — Words and Phrases – \"Written law\" – Whether reference to \"written law\" in s 25(2) Central Provident Fund Act (Cap 36) includes Wills Act (Cap 352) – Section 25(2) Central Provident Fund Act (Cap 36, 2001 Rev Ed), Wills Act (Cap 352, 1996 Rev Ed)"}
{"_id":"keywords_2006_SGHC_80","text":"Civil Procedure – Appeals – Leave – Application for leave to appeal – Whether trial judge's substantive decision containing prima facie case of error of law or case concerning issue of importance upon which determination of Court of Appeal would be to public's advantage – Section 34(2)(a) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)"}
{"_id":"keywords_2002_SGCA_38","text":"Civil Procedure – Costs – Security for costs – Application for further security for costs – Applicable test and considerations in granting such applications – Whether circumstances warrant making order for further security – O 57 r 3(4) Rules of Court — Words and Phrases – 'Fit' – O 57 r 3(4) Rules of Court"}
{"_id":"keywords_2003_SGHC_38","text":"Criminal Procedure and Sentencing – Sentencing – Criminal intimidation – Death threat with weapon – Effect of threat on victim – Acting partially in private defence – Whether sentence was manifestly excessive – Penal Code (Cap 224, 1985 Rev Ed) s 506"}
{"_id":"keywords_2006_SGHC_34","text":"Trusts – Express trusts – Constitution – Whether deed of family arrangement and deed of trust constituting testamentary disposition or perfectly constituted trust — Trusts – Trust estate – Whether settlor's interest in testator's estate before testator's estate administered capable of being subject of trust constituted by settlor"}
{"_id":"keywords_2000_SGHC_17","text":"Probate and Administration – Grant of probate – Foreign grant of probate – Whether will unimpeachable in Singapore court – ss 43 & 46 Evidence Act (Cap 97, 1997 Rev Ed) — Probate and Administration – Grant of probate – Foreign grant of probate – Evidence – Whether necessary to prove will when petitioning for grant of probate – Whether fraud or collusion alleged – ss 43 & 46 Evidence Act (Cap 97, 1997 Rev Ed) — Succession and Wills – Formalities of will – No witnesses to deceased's will – Will not validly executed – Whether will creating and/or evidencing a trust in deceased's estate — Succession and Wills – Formalities of will – Document testamentary in character – Document not complying with Wills Act – Whether document can become virtual will by regarding it as declaration of trust — Succession and Wills – Conditions – Probate – Wills – Petition for grant of probate – Evidence of due execution of will – O 71 rr 9-13 Rules of Court 1997"}
{"_id":"keywords_2001_SGHC_219","text":"Legal Profession – Admission – Ad hoc – Admission of Queen's Counsel – Three stage test for admission – Whether issues of sufficient complexity and difficulty – Whether local expertise present – Whether circumstances of case warrant admission – Whether applicant has special qualifications and experience – s 21(1) Legal Profession Act (Cap 161, 2000 Ed)"}
{"_id":"keywords_2003_SGHC_103","text":"Criminal Procedure and Sentencing – Sentencing – Appeals – Application of the totality principle. — Criminal Procedure and Sentencing – Mitigation – Whether offender charged with multiple offences considered first offender — Criminal Procedure and Sentencing – Mitigation – Remorse – Whether evidence of genuine remorse shown"}
{"_id":"keywords_2004_SGHC_218","text":"Damages – Assessment – Plaintiff injured in accident caused by defendant – Damages assessed by assistant registrar – Whether awards for loss of earnings and future medical expenses should be varied"}
{"_id":"keywords_2008_SGHC_155","text":"Contract – Contractual terms – Implied terms – Purchaser offering additional payments to minority owners to induce consent – Majority owners receiving disproportionately less for their units – Test for implied terms – Whether implied term against additional payments to minority — Contract – Mistake – Common mistake – Variation – Parties contracting for collective sale of land on basis of underestimated development charge – Majority owners alleging further agreement with purchaser for additional payment – Whether sale and purchase agreement valid and binding – Whether alleged further agreement reached – Whether alleged further agreement actionable – Section 6(d) Civil Law Act (Cap 43, 1999 Rev Ed) — Contract – Privity of contract – Common law – Minority owners signing up to collective sale agreement by deeds of consent – Whether approval of sale committee required – Whether minority owners consented to collective sale agreement — Land – Strata Titles – Land Titles (Strata) Act – Strata Title Board dismissing application for collective sale order – Purchaser seeking specific performance and/or damages – Effect of Strata Title Board decision – Whether court had jurisdiction to hear application"}
{"_id":"keywords_2003_SGHC_163","text":"Contract – Contractual terms – Rules of construction – Contextual approach – Sales representative agreement – Term for commission for \"any contracts manufacturing related business\" secured through sales representativeÂ’s efforts – Whether term for commission covers complex commercial transactions."}
{"_id":"keywords_2006_SGHC_161","text":"Evidence – Witnesses – Examination – Where person to be examined out of jurisdiction – Whether court should assist plaintiff in obtaining such evidence – Applicable principles – Order 39 r 2(1), O 39 r 1(1), O 39 r 1(2) Rules of Court (Cap 322, R 5, 2006 Rev Ed)"}
{"_id":"keywords_2005_SGHC_36","text":"Constitutional Law – Natural justice – Bias – Whether trial judge was biased — Constitutional Law – Natural justice – Right to fair trial – Whether trial judge had prevented appellant from cross-examining one of the prosecution witnesses — Criminal Procedure and Sentencing – Sentencing – Appeals – Whether sentence imposed was manifestly excessive – Section 131(1A) Road Traffic Act (Cap 276, 1997 Rev Ed) — Road Traffic – Offences – Appellant convicted of parking at unbroken double yellow lines – Whether judge was wrong in accepting evidence of prosecution witness – Whether traffic warden had issued summons against appellant only because traffic warden felt that appellant was challenging his authority – Rule 22(b) Road Traffic Rules (Cap 276, R 20, 1999 Rev Ed)"}
{"_id":"keywords_2007_SGHC_92","text":"Land – Strata titles – Collective sales – Whether resulting shortfall in CPF accounts constituting \"allowable deduction\" – Section 84A(8)(a) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Land – Strata titles – Collective sales – Whether collective sale proceeds sufficient to redeem CPF charge on property – Section 84A(8)(b) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Land – Strata titles – Strata titles board – Appeal to High Court on Board's decision – Whether Board in error of law – Section 98 Building Maintenance and Strata Management Act 2004 (Act 47 of 2004)"}
{"_id":"keywords_2005_SGCA_52","text":"Courts and Jurisdiction – Court of appeal – Proceedings before Income Tax Board of Review and High Court on income taxation matter held in camera – Whether legal basis existing for similar proceedings in Court of Appeal to be held in camera — Revenue Law – Income taxation – Deduction – Taxpayer incurring interest expenses in financing purchase of share investments – Only certain share investments producing dividend income – Taxpayer seeking to deduct all interest expenses against dividend income received – Comptroller of Income Tax refusing deduction of interest expenses attributable to non-income-producing share investments – Whether whole of interest expenses deductible against total dividend income where some shareholdings not income-producing – Sections 10(1)(d), 10E, 14(1) Income Tax Act (Cap 134, 2004 Rev Ed) — Statutory Interpretation – Revenue statutes – Whether appropriate to rely on foreign tax legislation and foreign decisions interpreting such legislation as aids to interpretation of local tax legislation"}
{"_id":"keywords_2005_SGHC_138","text":"Civil Procedure – Anton piller orders – Application to set aside order granted on allegation of conspiracy to injure applicant's business – Whether prima facie case of conspiracy established – Whether very serious damage sustained in absence of grant of order – Whether real risk of destruction of evidence existing – Whether effect of order excessive or disproportionate to its legitimate goal – Whether applicant making proper enquiries before making application for order"}
{"_id":"keywords_2001_SGCA_49","text":"Tort – Misrepresentation – Fraud and deceit – Elements of tort – Whether failure to act cautiously and to take steps to verify truth of representations a defence"}
{"_id":"keywords_2003_SGCA_2","text":"Criminal Law – Statutory offences – Misuse of Drugs – Trafficking in controlled drugs – Defence of lack of knowledge that substances were drugs – Abetment of trafficking — Criminal Procedure and Sentencing – Alibi – Whether defence of alibi should be called at end of Prosecution's case — Criminal Procedure and Sentencing – Statements – Whether statement of accused amount to confession – Whether presumption in Misuse of Drugs Act can be relied upon – s 17(2) Evidence Act (Cap 97, 1997 Rev Ed)"}
{"_id":"keywords_2005_SGHC_225","text":"Tort – Passing off – Plaintiff suing defendants for passing off – Whether defendants selling goods similar to plaintiff's goods – Whether sufficient proof of goodwill belonging to plaintiff – Whether any misrepresentation of defendants' goods as plaintiff's goods – Whether any actual or potential damage to business or goodwill of plaintiff resulting from such misrepresentation — Trade Marks and Trade Names – Infringement – Registered proprietor of trade marks for pipe fittings seizing allegedly infringing pipe fittings – Whether any infringement under s 27 Trade Marks Act – Seized pipe fittings three-dimensional whereas registered proprietor's trade marks two-dimensional – Whether two-dimensional trade marks registered under repealed Trade Marks Act may be considered three-dimensional shape marks as provided for under new Trade Marks Act without need for fresh application for registration as such – Trade Marks Act (Cap 332, 1993 Rev Ed), ss 27, 109, Third Sched para 2(1) Trade Marks Act (Cap 332, 2005 Rev Ed) — Trade Marks and Trade Names – Infringement – Registered proprietor of trade marks for pipe fittings seizing allegedly infringing pipe fittings – Whether registered proprietor making groundless threat of trade mark infringement – Whether defence of actual infringement of trade marks available to registered proprietor – Sections 27, 35 Trade Marks Act (Cap 332, 2005 Rev Ed) — Trade Marks and Trade Names – Invalidity – Grounds for declaring registered trade mark invalid – Whether registered proprietor's trade marks satisfying definition of \"trade mark\" – Whether registered proprietor's trade marks having any distinctive character – Whether application for registration made in bad faith – Sections 2(1), 7(1)(a), 7(1)(b), 7(6), 23(1) Trade Marks Act (Cap 332, 2005 Rev Ed) — Trade Marks and Trade Names – Revocation – Whether to revoke registered proprietor's trade marks for non-use – Burden of proving use – Minimal use of registered trade marks in pristine form – Whether use of registered trade marks in form differing in elements suffices – Whether any proper reasons for non-use – Sections 22(1), 22(2), 105 Trade marks Act (Cap 332, 2005 Rev Ed)"}
{"_id":"keywords_2006_SGHC_24","text":"Criminal Procedure and Sentencing – Sentencing – Disqualification order – Accused permitting use of car without valid third-party insurance – Whether any \"special reasons\" warranting exemption from mandatory disqualification – Section 3(3) Motor Vehicles (Third-Party Risks & Compensation) Act (Cap 189, 2000 Rev Ed)"}
{"_id":"keywords_2005_SGHC_133","text":"Civil Procedure – Injunctions – Defendant allegedly infringing plaintiff's trade mark and passing off product as plaintiff's – Whether injunction should be granted against defendant — Trade Marks and Trade Names – Infringement – Whether allegedly infringing trade mark similar to plaintiff's trade mark – Whether any likelihood of confusion – Section 27(2) Trade Marks Act (Cap 332, 1999 Rev Ed) — Trade Marks and Trade Names – Passing off – Elements of passing-off claim – Whether goodwill in plaintiff's name and mark – Whether goodwill in plaintiff's product"}
{"_id":"keywords_2005_SGCA_53","text":"Legal Profession – Remuneration – Solicitor proposing legal fee to client – Client asking solicitor to cap fee on global basis – Solicitor reverting with revised fee on lump sum basis – No reply by client to revised proposal – Solicitor petitioning for leave to tax bill of costs – Client resisting application on ground that agreement on legal fee existing – Whether any agreement between solicitor and client on legal fee payable – Sections 111(1), 111(2) Legal Profession Act (Cap 161, 2001 Rev Ed)"}
{"_id":"keywords_2024_SGHC_222","text":"[Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Tribunal not dealing with counterclaim after disposing of main claim — Whether tribunal failed to deal with essential issues in arbitration — Section 24(b) International Arbitration Act 1994 (2020 Rev Ed)] — [Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Tribunal alleged to have adopted “irrational or capricious” chain of reasoning — Whether party had sufficient notice of tribunal’s chain of reasoning and opportunity to respond — Section 24(b) International Arbitration Act 1994 (2020 Rev Ed)] — [Arbitration — Award — Recourse against award — Setting aside — Breach of natural justice — Whether tribunal exhibited apparent bias in conduct of proceedings and in award — Section 24(b) International Arbitration Act 1994 (2020 Rev Ed)] — [Arbitration — Award — Recourse against award — Setting aside — Tribunal issuing award past deadline contained in institutional rules — Whether award liable to be set aside due to deviation from parties’ agreed procedure — Art 34(2)(a)(iv) UNCITRAL Model Law on International Commercial Arbitration] — [Arbitration — Award — Recourse against award — Setting aside — Tribunal issuing award past deadline contained in institutional rules — Effect of delay on tribunal’s jurisdiction] — [Arbitration — Award — Recourse against award — Setting aside — Party alleging that false evidence tendered in arbitration — Whether award procured by fraud — Section 24(a) International Arbitration Act 1994 (2020 Rev Ed)]"}
{"_id":"keywords_2001_SGCA_7","text":"Land – Licences – Licence to occupy property – Whether licence contractual – Whether licence terminable – If so, whether terminable by notice"}
{"_id":"keywords_2009_SGHC_41","text":"Contempt of Court – Civil contempt – Respondents wearing T-shirt imprinted with picture of kangaroo in court building – First respondent posting or acquiescing in online posting of photograph of respondents wearing the T-shirts – First respondent relying on defence of fair criticism – Respondents blaming publication on third party – Respondents refusing to apologise – Whether liable for contempt of scandalising the court – Whether publication a necessary element of liability – Whether defence of fair criticism applicable – Scope of defence of fair criticism – Appropriate sentence – Whether loss of employment a mitigating factor"}
{"_id":"keywords_2005_SGHC_123","text":"Criminal Procedure and Sentencing – Charge – Form of charge – Whether reference to seven credit applications in charge amounting to error in charge — Criminal Procedure and Sentencing – Sentencing – Appeals – Appellant sentenced to four months' imprisonment and penalty of $150,000, in default, 15 weeks' imprisonment for offence under s 6(a) Prevention of Corruption Act – Whether sentence and default sentence manifestly inadequate in light of aggravating factors and public interest considerations – Section 6(a) Prevention of Corruption Act (Cap 241, 1993 Rev Ed) — Evidence – Weight of evidence – Whether evidence of prosecution witnesses wrongly accepted or preferred over that of defence witnesses – Whether significance of documentary evidence tendered by prosecution and defence wrongly assessed"}
{"_id":"keywords_2003_SGCA_26","text":"Criminal Law – Offences – Murder – Sudden fight – Ingredients of defence – Penal Code (Cap 224, 1985 Rev Ed) s 300(c) Exception 4 — Criminal Procedure and Sentencing – Sentencing – Culpable homicide – Whether life imprisonment appropriate – Penal Code (Cap 224, 1985 Rev Ed) ss 304(a), (b)"}
{"_id":"keywords_2004_SGHC_274","text":"Tort – Conversion – Respondent purchasing vehicle and entering into hire purchase agreement – Registered owner of vehicle deregistering vehicle in breach of hire purchase agreement – Appellant purchasing Preferential Additional Registration Fee certificate and using it to offset registration fees on another vehicle – Whether certificate capable of conversion – Whether respondent having immediate right of possession of certificate – Whether appellant's dealings with certificate inconsistent with respondent's rights and done with intention to assert rights inconsistent with respondent's"}
{"_id":"keywords_2002_SGHC_65","text":"Criminal Procedure and Sentencing – Sentencing – Penalties – Criminal intimidation – Aggravated form of criminal intimidation – Aggravating factors – Appellant threatening to cause death to victim with use of weapon and within confines of victim's room – Prior attempt to strangle victim – Relevance of victim's fear – Whether sentence of two months' imprisonment manifestly inadequate – s 506 Penal Code (Cap 224) — Criminal Procedure and Sentencing – Sentencing – Principles – Voluntarily causing hurt – Aggravating circumstances – Appellant strangling victim with copper wire and biting victim on back and hand – Premeditation and use of considerable force – Verbal threat to strangle victim to death – Whether maximum sentence should be imposed – s 323 Penal Code (Cap 224)"}
{"_id":"keywords_2001_SGHC_297","text":"Civil Procedure – Summary judgment – Determination of action on preliminary point of law – Whether proper to determine case when material fact in dispute – O 14 r 12 Rules of Court"}
{"_id":"keywords_2000_SGHC_50","text":"Courts and Jurisdiction – Jurisdiction – Appellate court – Intervention with findings of fact of trial judge – When intervention justifiable — Criminal Law – Abetment – Criminal breach of trust as servant – Abetment by conspiracy – Whether receipt of funds belonging to employer constituted conspiracy — Criminal Procedure and Sentencing – Appeal – Adducing additional evidence – Whether evidence available at time of trial – Whether evidence should be admitted in interest of justice — Evidence – Admissibility of evidence – Previous inconsistent statement – Use as evidence of facts stated – Whether lack of contemporaneity affects weight to be attached to previous inconsistent statement – s 147(3) & (5) Evidence Act (Cap 97) — Evidence – Witnesses – Impeachment – Credit of witness – Whether finding of impeachment justified in light of insignificant nature of discrepancies — Words and Phrases – \"Dishonest\" – Meaning of dishonesty – Whether temporary misappropriation of employer's funds constitutes dishonesty on employee's part – ss 24, 107(b), 109, 403 & 408 Penal Code (Cap 224)"}
{"_id":"keywords_2002_SGHC_90","text":"Civil Procedure – Striking out – Counterclaim – Two-stage test – Whether to try counterclaim as separate action – Whether counterclaim can be struck off for being embarrassing or prejudicial to fair action of trial – O 15 r 5(2) & O 18 r 19 Rules of Court — Courts and Jurisdiction – Jurisdiction – Whether foreign plaintiff who commences action in Singapore submits to jurisdiction of Singapore court in respect of defendant's counterclaim – s 16(1)(b) Supreme Court of Judicature Act (Cap 322, 1999 Ed)"}
{"_id":"keywords_2008_SGHC_209","text":"Criminal Procedure and Sentencing – Sentencing – Section 376B(1) Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2006_SGCA_9","text":"Criminal Law – Special exceptions – Sudden fight – Whether the trial judge erred in his findings of fact – Section 300 Exception 4 Penal Code (Cap 224, 1985 Rev Ed)"}
{"_id":"keywords_2005_SGHC_180","text":"Damages – Assessment – Causation – Whether medical evidence establishing that injuries suffered resulted from accident caused by defendant"}
{"_id":"keywords_2008_SGCA_8","text":"Building and Construction Law – Damages – Delay in completion – Interest incurred on construction loans during period of delay – Whether such interest recoverable in law as damages — Civil Procedure – Damages – Interest – Date of commencement of interest for damages awarded by court – General rule that interest should run from date of accrual of loss – Whether interest should run from date of accrual of loss or from later date where there is unjustifiable delay on part of claimant in bringing action to trial – Section 12(1) Civil Law Act (Cap 43, 1999 Rev Ed) — Contract – Remedies – Remoteness of damage – Applicable test for remoteness of damage in contract – Rule in Hadley v Baxendale – Criticisms of rule in Hadley v Baxendale – Rationality and functionality of the rule in Hadley v Baxendale – Distinction between test of remoteness in contract and test of remoteness in tort – Whether interest incurred on construction loans due to delay in completion of construction project recoverable under first limb of rule in Hadley v Baxendale — Damages – Rules in awarding – Proof of damage – Applicable guidelines to proof of damage – Process of proving damage intensely factual – Flexible approach to proof of damage – Claimant must adduce before court most cogent evidence of loss in given circumstances – Whether hotel developer adduced sufficient evidence to prove that it had incurred additional interest as damage — Tort – Negligence – Remedies – Remoteness of damage – Distinction between test of remoteness in contract and test of remoteness in tort – Liability of construction professionals for additional interest incurred on construction loans due to delay in completion of construction project caused by their negligence – Whether allowing such loss to be recovered as damages in law would open floodgates for claims against construction professionals"}
{"_id":"keywords_2004_SGHC_9","text":"Civil Procedure – Summary judgment – Leave to defend – Whether triable issues raised – Whether special reason for trial existed – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 14. — Contract – Contractual terms – Parol evidence rule – Whether oral agreement admissible to vary written contract – Evidence Act (Cap 97) ss 93 & 94."}
{"_id":"keywords_2004_SGHC_13","text":"Criminal Law – Offences – Unnatural offences – s 377 Penal Code (Cap 224). — Criminal Procedure and Sentencing – Sentencing – Victim of low intelligence – Whether there were any other special aggravating factors. — Criminal Procedure and Sentencing – Sentencing – Offence of sodomy – Negligible penetration and superficial tears at the anal verge – Whether this amounted to a mitigating factor."}
{"_id":"keywords_2005_SGHC_195","text":"Criminal Law – Cheating – Elements of offence – Whether the elements have been made out – Whether victim deceived and induced by representation – Whether inducement needed to be the sole reason for delivery of property – Whether victim's negligence and breach precluded a conviction of cheating — Criminal Law – Abetment – Abetment by conspiracy – Essence of conspiracy – Whether separate and independent intentions which coincide sufficient to amount to conspiracy – Whether finding of abetment by conspiracy established on facts — Criminal Law – Abetment – Abetment by aiding – Intentionally aiding commission of offence – Whether the appellant facilitated the commission of the offence — Criminal Procedure and Sentencing – Appeal – Power of High Court in appellate capacity to amend charges – Relevant considerations in exercise of power – s 256(b)(ii) Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Charge – Amendment of charge – Conviction on amended charge – No prejudice to appellant – s 256(b)(ii) Criminal Procedure Code (Cap 68, 1985 Rev Ed)"}
{"_id":"keywords_2020_SGHC_60","text":"[Contract] — [Discharge] — [Repudiatory breach] — [Express termination clause] — [Renunciation] — [Breach of condition]"}
{"_id":"keywords_2001_SGCA_67","text":"Civil Procedure – Costs – Apportionment – Usual order of costs against two or more unsuccessful parties – Joint and several liability — Civil Procedure – Costs – Discretion of court – Denying successful appellant costs of appealling and costs below – Successful appellant did not appeal against trial judge's order on costs – Relevant circumstances"}
{"_id":"keywords_2007_SGHC_96","text":"Companies – Winding up – Whether Company had suspended its business for one year – Whether just and equitable that Company be wound up – Sections 254(1)(c) and (i) of the Companies Act (Cap 50, 2006 Rev Ed)"}
{"_id":"keywords_2009_SGHC_166","text":"Civil Procedure – Deemed discontinuance – Party filed notice of change of solicitors – Whether party had taken step or proceeding in the action — Civil Procedure – Deemed discontinuance – Party tendered payment of costs to other party as ordered – Whether party had taken step or proceeding in the action"}
{"_id":"keywords_2006_SGHC_211","text":"Succession and Wills – Construction – Plaintiff beneficiary under will seeking to sell property – Defendant beneficiary under will objecting to sale of property – Whether will containing clear indication that each beneficiary having right to veto sale of property – Whether court should exercise discretion to allow sale of property – Section 56(1) Trustees Act (Cap 337, 2005 Rev Ed)"}
{"_id":"keywords_2001_SGHC_269","text":"Civil Procedure – Appeals – Leave to appeal to Court of Appeal – Value of claim below statutory threshold – Whether right of appeal absolute – Whether dispute involves important question of law for determination by Court of Appeal – s 34(2)(a) Supreme Court of Judicature Act (Cap 322, 1999 Ed) — Land – Conveyance – Completion – Amount payable to vendor on legal completion – Functional completion following death of one of purchasers pending letters of administration – Payment of balance of purchase price as per vendor's completion account on functional completion – Servicing of mortgage by purchasers on behalf of vendor after functional completion – Receipt of rents by purchaser after functional completion – Entitlement of vendor to further sums on legal completion"}
{"_id":"keywords_2009_SGCA_14","text":"Administrative Law – Functions and duties of Strata Titles Board – Meaning of determination by \"mediation-arbitration\" – Inquisitorial role of Strata Titles Board – Normal rules of evidence not applicable – Determination of \"good faith\" under s 84A(9)(a)(i) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) – Section 84A(9)(a)(i) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Agency – Collective sales – Collective sale committee agent of all subsidiary proprietors – Fiduciary relationship arising from underlying agency relationship – Section 84A(1A) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Civil Procedure – Appeals – Nature of appeal from Strata Titles Board – Strata Titles Board finding collective sale in good faith – Objecting subsidiary proprietors purporting to appeal on question of law – Test for questions of law – Whether Board made ex facie errors of law – Section 98(1) Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed) — Equity – Fiduciary relationships – Fiduciary duties of collective sale committee to subsidiary proprietors of strata development – Duties akin to trustee with power of sale – Duty of loyalty or fidelity – Duty of even-handedness – Duty to avoid any potential conflict of interest – Duty of full disclosure – Duty of conscientiousness – Duty to obtain best sale price – Whether exonerated from breach by reliance on legal advice — Land – Strata titles – Collective sales – Objecting subsidiary proprietors claiming lack of good faith under s 84A(9)(a)(i) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) – Meaning of \"good faith\" – Whether \"good faith\" after taking into account sale price meant only considering whether fair price – Relevant considerations in assessing whether sales committee had acted in good faith – Section 84A(9)(a)(i) Land Titles (Strata) Act (Cap 158, 1999 Rev Ed) — Land – Strata titles – Collective sales – Sale committee members purchasing additional units in property prior to appointment to sales committee – Failing to disclose purchases prior to or after appointment – Marketing agent's fee payable by eventual purchaser – Market conditions changing – Sale committee selling property at reserve price in compliance with mandate – Sale committee selling property on marketing agent's advice without prior independent valuation – Whether sale committee breached duty of loyalty and fidelity – Whether collective sale tainted by undisclosed potential conflict of interests – Whether sale committee breached duty to act even-handedly between consenting and objecting subsidiary proprietors – Whether sale committee breached duty to obtain best sale price — Words and Phrases – \"Good faith\" – A protean concept – To be construed in its contextual setting — Words and Phrases – \"Point of law\" – Meaning of s 98(1) Building Maintenance and Strata Management Act (Cap 30C, 2008 Rev Ed)"}
{"_id":"keywords_2009_SGHC_178","text":"Contract – Contractual terms – Admissibility of evidence – Parties were relatively new companies when they entered into contract – Whether such fact could be admitted to interpret contractual term under contextual approach — Contract – Contractual terms – Rules of construction – Clause providing for termination if licence was revoked, cancelled or suspended – Whether such clause allowed party to voluntarily cancel its own licence and then terminate contract"}
{"_id":"keywords_2008_SGCA_35","text":"Courts and Jurisdiction – High court – Principles regarding use of sentencing precedents – General principle that not proper for court to depart from sentencing precedents without cogent reasons — Criminal Procedure and Sentencing – Charge – Outstanding offences – Principles regarding taking outstanding offences into consideration for purposes of sentencing – General principle that offences to be taken into account should have effect of increasing sentence which court would otherwise have imposed for offences actually proceeded with – Section 178 Criminal Procedure Code (Cap 68, 1985 Rev Ed) — Criminal Procedure and Sentencing – Mitigation – Age as mitigating factor – General principle that mature age of offender will carry little weight in sentencing – Exception where sentence was long term of imprisonment – Court should not impose sentence that effectively amounted to life sentence unless Legislature had prescribed life sentence for offence — Criminal Procedure and Sentencing – Mitigation – Forgiveness of offender by victim as mitigating factor – General principle that forgiveness should have little weight as mitigating factor – Possible exception to general principle where sentence aggravated distress of victim – Possible exception to general principle where forgiveness provided evidence that victim's psychological and/or mental suffering as result of offender's criminal conduct must be very much less than would normally be the case — Criminal Procedure and Sentencing – Sentencing – Aggravating factors – Offence of rape of woman below age of 14 under s 376(2) of the Penal Code – Age of victim per se not being additional aggravating factor – Familial relationship of authority and trust between offender and victim being aggravating factor – Serial nature of offences being aggravating factor – Extra acts of perversion being aggravating factor — Criminal Procedure and Sentencing – Sentencing – Appeals – Offence of rape of woman below age of 14 under s 376(2) of the Penal Code – Minimum sentence of 16 years' imprisonment meted out by trial judge – Sentence overly lenient and unprecedented – Sentence increased to 24 years' imprisonment — Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Principles regarding use of sentencing precedents – General principle that not proper for court to depart from sentencing precedents without cogent reasons – Offence of rape of woman below age of 14 under s 376(2) of the Penal Code – Benchmark sentencing range of 12-15 years' imprisonment"}
{"_id":"keywords_2008_SGHC_57","text":"Companies – Share options – Employees of subsidiary granted options in parent company – Whether company exercising its discretion properly in rejecting ex-employee's requests for option to be exercised early or for options to be retained until they were vested when subsidiary sold — Companies – Share options – Employees of subsidiary granted options in parent company – Whether share option scheme granted by parent company governed by rules of scheme or by other documents circulated to some employees – Whether employees of subsidiary entitled to early exercise of unvested options in parent company after subsidiary sold – Whether parent company owing contractual duty to ensure that employees retained benefit of unvested options after subsidiary sold"}
{"_id":"keywords_2000_SGHC_125","text":"Criminal Law – General exceptions – Duress – Elements of defence – Whether wider common law doctrine of duress applicable – s 94 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – High court – Criminal revision – Governing principles – Exercise of powers of revision sparingly – Whether plea of guilt qualified and should not be accepted – Whether conviction should be quashed — Criminal Procedure and Sentencing – High court – Criminal revision – Revisionary powers to enhance sentence – Lack of mitigating factors – Pressure of aggravating circumstances – Sentence manifestly inadequate"}
{"_id":"keywords_2003_SGHC_185","text":"Civil Procedure – Discovery of documents – Specific discovery – Interest in fair disposal of matter – Whether reciprocal order for discovery of internal e-mail should be made — Civil Procedure – Discovery of documents – Whether discovery of class of documents should be allowed – Whether documents relevant to proceedings – Rules of Court (Cap 322, R 5, 1997 Rev Ed) O 24 r 5 — Civil Procedure – Pleadings – Amendment – Whether court should consider matters deleted by amendment"}
{"_id":"keywords_2001_SGCA_11","text":"Legal Profession – Disciplinary procedures – Complaint alleging professional misconduct to Council of Law Society, obliging of Council to refer complaint to Inquiry Panel Chairman – Whether council has discretion to reject complaint – s 85 Legal Profession Act (Cap 161, 1997 Ed)"}
{"_id":"keywords_2009_SGHC_197","text":"Agency – Actual authority – Implied authority – Ostensible authority – Vicarious liability – Estoppel – Banks suing company for fraud of employee – Whether employee had actual or ostensible authority – Whether company was liable for acts of employee – Whether company was estopped from denying authority of employee — Restitution – Enrichment – Change of position – Bank suing company for fraud of employee – Whether company was being enriched – Whether change of position defence applied — Tort – Negligence – Duty of care – Breach of duty – Bank suing company for fraud of employee – Whether company had duty of care – Whether company was breaching its duty of care – Section 199(2A) Companies Act (Cap 50, 2006 Rev Ed)"}
{"_id":"keywords_2005_SGCA_38","text":"Tort – Negligence – Defences – Company providing tax authority with incorrect information as regards to directors' fees – Company suing tax agent for failing to advise company on repercussions of filing inaccurate tax returns – Whether company's actions so culpable as to attract application of illegality defence — Tort – Negligence – Duty of care – Whether tax agent owing duty of care to company to warn company of consequences of filing inaccurate tax returns where tax agent acquiring knowledge of such inaccuracies – Whether tax agent liable for pure economic loss suffered by company as result of tax agent's failure to warn company accordingly"}
{"_id":"keywords_2009_SGHC_33","text":"Family Law – Legitimacy – Effects of illegitimacy – Whether illegitimate child could claim maintenance under the Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) – Sections 2 and 3 Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) — Family Law – Maintenance – Child – Illegitimate child – Whether illegitimate child could claim maintenance under the Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed) – Sections 2 and 3 Inheritance (Family Provision) Act (Cap 138, 1985 Rev Ed)"}
{"_id":"keywords_2004_SGHC_174","text":"Civil Procedure – Production of documents – Whether appropriate for court to grant plaintiffs' application for production of documents and cross-examination of directors — Injunctions – Mareva injunction – Variation of Mareva order – Applicable principles — Injunctions – Mareva injunction – Whether Mareva order should be varied to allow first defendant to pay debts owing to second defendant out of insurance proceeds – Whether debts bona fide incurred in ordinary course of business"}
{"_id":"keywords_2001_SGHC_348","text":"Landlord and Tenant – Distress for rent – Writ of distress – Principles and procedure – Action for damages for wrongful execution of writ of distress – Whether writ illegal, irregular and excessive – Whether defendants negligent in execution of writ – s 5(3) Distress Act (Cap 84, 1996 Ed) – O 46 r 23 Rules of Court"}
{"_id":"keywords_2002_SGHC_92","text":"Immigration – Employment – Illegal immigrant – Appellant charged with employing immigration offender – Whether prosecution discharged burden of proving illegal entry of immigrant – Whether appellant employer of immigrant – Whether appellant exercised due diligence to ascertain validity of work permit – ss 6(1)(c), 57(1)(e), 57(1)(ii), 57(9), 57(10) Immigration Act (Cap 133, 1997 Ed) — Evidence – Weight of evidence – Illegal entry – Arrest of immigrant possessing no valid travel documents – Conviction for illegal entry – Appellant charged with employing immigration offender – Immigrant as prosecution witness testifying to legal entry – Whether trial judge's finding of illegal entry against weight of evidence — Evidence – Weight of evidence – Employment of immigrant – Prosecution witnesses testifying appellant employer of illegal immigrant – Appellant challenging credibility of prosecution witnesses – Testimonial of appellant's good character – Whether court should overturn trial judge's assessment of witnesses' credibility – Whether testimonial of assistance – Whether trial judge's finding that appellant employer against weight of evidence — Courts and Jurisdiction – Jurisdiction – Appellate – Findings of fact by trial judge – Whether appellate court should overturn findings — Criminal Procedure and Sentencing – Sentencing – Penalties – Employment of immigration offender – Whether sentence of 12 months' imprisonment manifestly excessive – s 57(1)(e) Immigration Act (Cap 133, 1997 Ed)"}
{"_id":"keywords_2008_SGHC_90","text":"Criminal Procedure and Sentencing – Sentencing – Appeals – Offence of criminal misappropriation committed by taxi driver against passenger – Custodial sentence as benchmark sentence – Need for deterrent sentence – Section 403 Penal Code (Cap 224, 1985 Rev Ed) — Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Benchmark sentences for property offence committed by taxi driver against passenger – Custodial sentence as benchmark sentence"}
{"_id":"keywords_2000_SGHC_83","text":"Civil Procedure – Pleadings – Striking out part of statement of claim – Governing principles – Important or difficult point of law raised in statement of claim – Complexity and novelty of case justified full trial – Plaintiffs' averments neither ridiculous nor incredible – Claim of trespass into plaintiffs' internet properties – O 18 r 19 Rules of Court 1997"}
{"_id":"keywords_2004_SGHC_144","text":"Civil Procedure – Discovery of documents – Specific discovery – Whether discovery of various internal documents should be ordered."}
{"_id":"keywords_2004_SGHC_47","text":"Civil Procedure – Costs – Scales – Whether costs awarded should be taxed on Subordinate Courts scale – Section 39(4) Subordinate Courts Act (Cap 321, 1999 Rev Ed) — Contract – Remedies – Damages – Breach of warranty of quality – Correct amount of damages payable — Damages – Assessment – Date of assessment of damages – Whether date of delivery or date of discovery of damage – Whether allowance to be given for use of goods – Section 53(3) Sale of Goods Act (Cap 393, 1999 Rev Ed) — Damages – Assessment – Replacement goods of lower prestige and quality than goods contracted for – Whether compensation should be given for subsequent loss of use — Damages – Mitigation – Contract – Whether failure to mitigate affected cut-off date for award of consequential damages"}
{"_id":"keywords_2006_SGHC_220","text":"Civil Procedure – Rules of court – Defendants seeking second adjournment – Whether requirements for absence from court on medical grounds complied with – Whether other reasons to grant further adjournment existing – Order 35 r 2 Rules of Court (Cap 322, R 5, 2006 Rev Ed) — Civil Procedure – Summary judgment – Plaintiffs suing defendants for publishing allegedly defamatory articles about them – Whether articles defamatory in nature – Whether plaintiffs' applications for summary judgment should be allowed — Tort – Defamation – Defamatory statements – Plaintiffs members of local government – Actions brought by plaintiffs in personal capacity – Whether allegedly defamatory words referring to plaintiffs – Whether allegedly defamatory words defaming plaintiffs by implication – Whether defendants pleading common law defences of justification, qualified privilege and fair comment with sufficient particularity"}
{"_id":"keywords_2003_SGCA_32","text":"Courts and Jurisdiction – Court of appeal – Whether Court of Appeal has jurisdiction to hear appeal where order appealed against is interlocutory and appellant did not apply to judge for further arguments – Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed) s 34(1)(c) — Civil Procedure – Judgments and orders – Test for determining whether an order is an interlocutory order or a final order"}
{"_id":"keywords_2003_SGCA_7","text":"Restitution – Money had and received – Defence of change of position – Whether defendants meeting requirements of defence"}
{"_id":"keywords_2004_SGHC_68","text":"Criminal Procedure and Sentencing – Sentencing – Aggravating factors – Impact of crime on banking and commerce – Abuse of position of trust. — Criminal Procedure and Sentencing – Mitigation – Whether accused less culpable if he did not actively seek out victims and victims were trusting or gullible. — Criminal Procedure and Sentencing – Mitigation – Whether accused less culpable if scheme too simplistic to succeed or if he did not dissipate money. — Criminal Procedure and Sentencing – Mitigation – Mitigating value of accused's co-operation with authorities and evidence of his good character."}
{"_id":"keywords_2003_SGHC_73","text":"Tort – Defamation – Defamatory statements – Whether defamatory. — Tort – Defamation – Fair comment – Whether defence made out. — Tort – Defamation – Qualified privilege – Whether defence made out. — Tort – Defamation – Publication to restricted group only – Whether defence made out."}
{"_id":"keywords_2006_SGHC_75","text":"Insolvency Law – Avoidance of transactions – Liquidator of company claiming certain company transactions amounting to unfair preference and breach of directors' duties – Whether directors breaching fiduciary duties to company and s 99 read with ss 100 to 102 of Bankruptcy Act by transferring stock of company to another company which they were directors and shareholders of and by paying themselves directors' fees when company insolvent – Whether directors acting bona fide in interest of company – Sections 99, 100, 101, 102 Bankruptcy Act (Cap 20, 2000 Rev Ed)"}
{"_id":"keywords_2006_SGHC_104","text":"Civil Procedure – Summary judgment – Leave to defend claim – Plaintiff claiming from defendant money loaned – Defendant alleging that loans from plaintiff were not made to him personally but were extended to company of which they were both directors – Defendant also claiming that sum owed to plaintiff smaller than that claimed – Whether defendant's contentions supported by evidence – Whether defendant should be granted leave to defend claim — Civil Procedure – Summary judgment – Conditional leave to defend – Factors to be considered when ordering security to be provided as condition of being granted leave to defend claim"}
{"_id":"keywords_2003_SGHC_237","text":"Criminal Procedure and Sentencing – Revision of proceedings – Governing principles – Requirement of some form of serious injustice caused – Conviction and sentence based upon the wrong charge – Whether there was serious injustice as a result – s 268 Criminal Procedure Code (Cap 68) — Criminal Procedure and Sentencing – Revision of proceedings – Power to alter the finding of trial judge – Power to amend material errors in charge to reflect the offence – Power to convict on amended charge and pronounce fresh sentence – Whether such powers to be exercised – ss 162, 256, 268 & 396 Criminal Procedure Code (Cap 68)"}
{"_id":"keywords_2007_SGCA_22","text":"Civil Procedure – Bifurcation of proceedings into liability and assessment of damage phases – Importance of applying early – Either party can apply — Civil Procedure – Pleadings – Failure to expressly plead assessment of damages – Relevance of parties' conduct of case – Whether court has discretion to order assessment of damages — Contract – Contractual terms – Rules of construction – \"Entire agreement\" clauses – Application and effect of such clauses — Contract – Contractual terms – Rules of construction – When factual matrix may be relevant — Contract – Remedies – Damages – When damages awarded in lieu of specific performance — Contract – Remedies – Specific performance – Contract for sale of shares in company pursuing public listing – Whether specific performance appropriate remedy – Circumstances in which specific performance will be granted"}
{"_id":"keywords_2007_SGHC_23","text":"Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – When and how to be relied on – Basis for departure — Criminal Procedure and Sentencing – Sentencing – Principles – Foreign precedents on sentencing – Whether relevance confined to broad principles and articulated sentencing considerations — Criminal Procedure and Sentencing – Sentencing – Forms of punishment – Probation – Suitability of probation for foreigners — Criminal Procedure and Sentencing – Sentencing – Principles – Public interest – Reliance on deterrence as a sentencing consideration – Importance of deterrence when offending conduct undermining public confidence in financial services — Criminal Procedure and Sentencing – Sentencing – Sentencing tariffs for credit card cheating offences – Factors for court to consider when deciding whether sentencing tariff should be discounted or enhanced"}
{"_id":"keywords_2005_SGHC_9","text":"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"}
{"_id":"keywords_2001_SGHC_139","text":"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"}
{"_id":"keywords_2008_SGCA_41","text":"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)"}
{"_id":"keywords_2001_SGHC_365","text":"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"}
{"_id":"keywords_2000_SGCA_22","text":"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\""}
{"_id":"keywords_2000_SGCA_10","text":"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"}
{"_id":"keywords_2006_SGHC_143","text":"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)"}
{"_id":"keywords_2009_SGCA_43","text":"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"}
{"_id":"keywords_2007_SGHC_186","text":"Family Law – Custody – Supervised access – Maintenance – Maintenance of child – Maintenance of wife – Matrimonial assets – Division"}
{"_id":"keywords_2002_SGHC_254","text":"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"}
{"_id":"keywords_2001_SGHC_95","text":"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"}
{"_id":"keywords_2005_SGHC_95","text":"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"}
{"_id":"keywords_2005_SGHC_21","text":"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"}
{"_id":"keywords_2004_SGHC_133","text":"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)"}
{"_id":"keywords_2008_SGHC_51","text":"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"}
{"_id":"keywords_2004_SGHC_175","text":"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)."}
{"_id":"keywords_2005_SGHC_176","text":"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"}
{"_id":"keywords_2006_SGCA_10","text":"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)"}
{"_id":"keywords_2000_SGHC_269","text":"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"}
{"_id":"keywords_2001_SGHC_172","text":"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"}
{"_id":"keywords_2005_SGHC_192","text":"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"}
{"_id":"keywords_2003_SGHC_13","text":"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"}
{"_id":"keywords_2005_SGHC_206","text":"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)"}
{"_id":"keywords_2001_SGCA_36","text":"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"}
{"_id":"keywords_2003_SGHC_44","text":"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"}
{"_id":"keywords_2005_SGCA_16","text":"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"}
{"_id":"keywords_2002_SGHC_200","text":"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"}
{"_id":"keywords_2004_SGHC_152","text":"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\""}
{"_id":"keywords_2001_SGHC_185","text":"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"}
{"_id":"keywords_2007_SGHC_184","text":"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)"}
{"_id":"keywords_2005_SGHC_196","text":"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"}
{"_id":"keywords_2003_SGHC_94","text":"Family Law – Divorce – Ancillary matters – Application for increase in maintenance of children – Factors to consider"}
{"_id":"keywords_2005_SGHC_92","text":"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)"}
{"_id":"keywords_2010_SGHC_114","text":"(iv)The net proceeds – less (i) (ii) and (iii) – shall be divided 55% to [Mdm Umi] and 45% to [Mr Yusoff]."}
{"_id":"keywords_2002_SGHC_83","text":"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)"}
{"_id":"keywords_2003_SGHC_202","text":"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."}
{"_id":"keywords_2002_SGHC_72","text":"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"}
{"_id":"keywords_2004_SGHC_73","text":"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"}
{"_id":"keywords_2006_SGHC_66","text":"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"}
{"_id":"keywords_2007_SGCA_29","text":"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"}
{"_id":"keywords_2002_SGHC_87","text":"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"}
{"_id":"keywords_2007_SGHC_175","text":"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"}
{"_id":"keywords_2004_SGHC_151","text":"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)"}
{"_id":"keywords_2006_SGHC_8","text":"Contract – Breach – Plaintiff failing to make payment – Whether defendant failed to honour the contractual delivery and installation date"}
{"_id":"keywords_2003_SGCA_21","text":"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"}
{"_id":"keywords_2009_SGHC_90","text":"Probate and Administration – Grant of probate – Executor's application for notation on grant of probate – Whether deceased died domiciled in Singapore"}
{"_id":"keywords_2004_SGHC_160","text":"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."}
{"_id":"keywords_2006_SGHC_239","text":"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)"}
{"_id":"keywords_2000_SGHC_206","text":"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"}
{"_id":"keywords_2001_SGHC_242","text":"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)"}
{"_id":"keywords_2005_SGHC_128","text":"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)"}
{"_id":"keywords_2005_SGHC_166","text":"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)"}
{"_id":"keywords_2008_SGHC_86","text":"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"}
{"_id":"keywords_2007_SGHC_210","text":"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)"}
{"_id":"keywords_2007_SGHC_7","text":"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"}
{"_id":"keywords_2002_SGHC_130","text":"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)"}
{"_id":"keywords_2005_SGHC_156","text":"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\""}
{"_id":"keywords_2005_SGHC_79","text":"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"}
{"_id":"keywords_2008_SGHC_96","text":"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)"}
{"_id":"keywords_2003_SGCA_28","text":"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"}
{"_id":"keywords_2004_SGCA_47","text":"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)"}
{"_id":"keywords_2002_SGHC_288","text":"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)"}
{"_id":"keywords_2000_SGHC_255","text":"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)"}
{"_id":"keywords_2002_SGHC_166","text":"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)"}
{"_id":"keywords_2008_SGCA_15","text":"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)"}
{"_id":"keywords_2000_SGHC_27","text":"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)"}
{"_id":"keywords_2000_SGHC_28","text":"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"}
{"_id":"keywords_2004_SGCA_13","text":"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)"}
{"_id":"keywords_2008_SGHC_186","text":"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"}
{"_id":"keywords_2003_SGHC_177","text":"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"}
{"_id":"keywords_2004_SGHC_64","text":"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)"}
{"_id":"keywords_2004_SGHC_162","text":"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)."}
{"_id":"keywords_2008_SGCA_19","text":"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)"}
{"_id":"keywords_2007_SGHC_187","text":"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)"}
{"_id":"keywords_2001_SGHC_120","text":"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"}
{"_id":"keywords_2000_SGCA_39","text":"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"}
{"_id":"keywords_2009_SGCA_35","text":"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"}
{"_id":"keywords_2005_SGCA_5","text":"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"}
{"_id":"keywords_2005_SGHC_200","text":"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)"}
{"_id":"keywords_2002_SGCA_25","text":"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"}
{"_id":"keywords_2007_SGCA_39","text":"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"}
{"_id":"keywords_2000_SGHC_281","text":"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)"}
{"_id":"keywords_2003_SGHC_300","text":"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."}
{"_id":"keywords_2004_SGHC_90","text":"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"}
{"_id":"keywords_2008_SGHC_222","text":"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"}
{"_id":"keywords_2002_SGHC_128","text":"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"}
{"_id":"keywords_2007_SGCA_23","text":"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)"}
{"_id":"keywords_2007_SGHC_168","text":"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"}
{"_id":"keywords_2007_SGHC_94","text":"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"}
{"_id":"keywords_2003_SGCA_22","text":"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"}
{"_id":"keywords_2002_SGHC_70","text":"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)"}
{"_id":"keywords_2007_SGHC_209","text":"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)"}
{"_id":"keywords_2002_SGCA_48","text":"Criminal Procedure and Sentencing – Sentencing – Lack of antecedents as mitigating factor – Weighed against public interest — Criminal Procedure and Sentencing – Sentencing – Principle of deterrence"}
{"_id":"keywords_2000_SGHC_154","text":"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)"}
{"_id":"keywords_2006_SGHC_46","text":"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)"}
{"_id":"keywords_2005_SGHC_49","text":"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"}
{"_id":"keywords_2005_SGHC_1","text":"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"}
{"_id":"keywords_2006_SGCA_19","text":"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)"}
{"_id":"keywords_2005_SGHC_160","text":"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)"}
{"_id":"keywords_2007_SGHC_22","text":"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"}
{"_id":"keywords_2007_SGHC_140","text":"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)"}
{"_id":"keywords_2006_SGCA_12","text":"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)"}
{"_id":"keywords_2003_SGHC_306","text":"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."}
{"_id":"keywords_2008_SGHC_88","text":"Damages – Assessment – Whether damages in lieu of specific performance should be assessed at date of breach or date of judgment"}
{"_id":"keywords_2002_SGHC_190","text":"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"}
{"_id":"keywords_2002_SGHC_101","text":"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"}
{"_id":"keywords_2005_SGHC_8","text":"Contract – Formation – Exchange of letters between parties – Whether contract concluded – Whether defendant breached contract"}
{"_id":"keywords_2002_SGCA_34","text":"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"}
{"_id":"keywords_2003_SGHC_266","text":"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)"}
{"_id":"keywords_2005_SGHC_38","text":"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"}
{"_id":"keywords_2003_SGHC_184","text":"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."}
{"_id":"keywords_2005_SGHC_228","text":"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)"}
{"_id":"keywords_2008_SGCA_24","text":"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"}
{"_id":"keywords_2002_SGHC_194","text":"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)"}
{"_id":"keywords_2002_SGHC_203","text":"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"}
{"_id":"keywords_2001_SGHC_89","text":"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"}
{"_id":"keywords_2007_SGHC_15","text":"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"}
{"_id":"keywords_2003_SGHC_134","text":"Tort – Negligence – Personal injury – Defective equipment – Scope of Liability in Negligence – Implied Terms of Contract."}
{"_id":"keywords_2000_SGHC_241","text":"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"}
{"_id":"keywords_2005_SGHC_130","text":"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)"}
{"_id":"keywords_2000_SGHC_13","text":"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"}
{"_id":"keywords_2003_SGHC_150","text":"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."}
{"_id":"keywords_2009_SGHC_275","text":"Criminal Procedure and Sentencing – Sentencing – Benchmark sentences – Principles"}
{"_id":"keywords_2006_SGHC_138","text":"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"}
{"_id":"keywords_2008_SGHC_41","text":"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)"}
{"_id":"keywords_2001_SGCA_1","text":"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"}
{"_id":"keywords_2000_SGHC_103","text":"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)"}
{"_id":"keywords_2003_SGHC_64","text":"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"}
{"_id":"keywords_2005_SGHC_170","text":"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"}
{"_id":"keywords_2003_SGHC_2","text":"Civil Procedure – Costs – Taxation – Application for review of taxation -Legal or factual disputes not involving neutral party – Whether costs awarded to neutral party excessive"}
{"_id":"keywords_2001_SGHC_346","text":"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"}
{"_id":"keywords_2007_SGCA_7","text":"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"}
{"_id":"keywords_2001_SGHC_249","text":"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"}
{"_id":"keywords_2001_SGCA_57","text":"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'"}
{"_id":"keywords_2003_SGHC_78","text":"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"}
{"_id":"keywords_2007_SGHC_2","text":"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"}
{"_id":"keywords_2007_SGHC_163","text":"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"}
{"_id":"keywords_2006_SGHC_23","text":"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"}
{"_id":"keywords_2004_SGHC_168","text":"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."}
{"_id":"keywords_2008_SGCA_6","text":"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"}
{"_id":"keywords_2007_SGCA_17","text":"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"}
{"_id":"keywords_2008_SGHC_147","text":"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)"}
{"_id":"keywords_2000_SGHC_54","text":"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"}
{"_id":"keywords_2004_SGHC_195","text":"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."}
{"_id":"keywords_2003_SGHC_313","text":"Family Law – Maintenance – Wife – Whether entitled to maintenance — Family Law – Matrimonial assets – Division – Whether wife entitled to larger share of matrimonial assets"}
{"_id":"keywords_2004_SGHC_239","text":"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)."}
{"_id":"keywords_2007_SGCA_42","text":"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)"}
{"_id":"keywords_2004_SGCA_3","text":"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"}
{"_id":"keywords_2005_SGCA_4","text":"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"}
{"_id":"keywords_2000_SGHC_274","text":"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)"}
{"_id":"keywords_2006_SGCA_46","text":"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"}
{"_id":"keywords_2007_SGHC_188","text":"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"}
{"_id":"keywords_2024_SGHC_308","text":"[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]"}
{"_id":"keywords_2003_SGHC_175","text":"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."}
{"_id":"keywords_2003_SGHC_225","text":"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"}
{"_id":"keywords_2008_SGHC_194","text":"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"}
{"_id":"keywords_2003_SGHC_95","text":"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"}
{"_id":"keywords_2001_SGHC_279","text":"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)"}
{"_id":"keywords_2007_SGHC_85","text":"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)"}
{"_id":"keywords_2003_SGHC_34","text":"Civil Procedure – Appeals – Leave – Whether leave to appeal required – Proper interpretation of s 21(1) Supreme Court of Judicature Act (Cap 322)."}
{"_id":"keywords_2003_SGHC_246","text":"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)."}
{"_id":"keywords_2008_SGCA_36","text":"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"}