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


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


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


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)


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


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)


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


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


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)


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


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


Civil Procedure – Costs – Taxation – Application to review taxation of costs – Whether sum awarded fair and reasonable


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


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)


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


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)


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)


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


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


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


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)


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


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)


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)


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)


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


[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]


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)


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)


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.


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.


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


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


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


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)


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


Family Law – Divorce – Matrimonial assets – Division of matrimonial home — Family Law – Divorce – Maintenance – Whether lump sum maintenance award appropriate


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)


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)


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)


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


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)


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


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)


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)


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


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


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)


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


Family Law – Legitimacy – Effects of illegitimacy — Family Law – Maintenance – Child


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.


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)


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


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)


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)


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


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)


[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]


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)


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


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)


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)


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)


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


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


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


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)


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


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


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)


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


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


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)


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


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


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)


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


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)


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


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)


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


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


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


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


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


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)


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.


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


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


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.


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)


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


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)


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)


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


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


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


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


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)


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


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


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


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.


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)


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)


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)


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


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


Tort – Misrepresentation – Fraud and deceit – Elements of tort – Whether failure to act cautiously and to take steps to verify truth of representations a defence


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)


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)


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)


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


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)


[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)]


Land – Licences – Licence to occupy property – Whether licence contractual – Whether licence terminable – If so, whether terminable by notice


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


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


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)


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


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)


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


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)


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)


Criminal Procedure and Sentencing – Sentencing – Section 376B(1) Penal Code (Cap 224, 1985 Rev Ed)


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)


Damages – Assessment – Causation – Whether medical evidence establishing that injuries suffered resulted from accident caused by defendant


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


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.


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.


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)


[Contract] — [Discharge] — [Repudiatory breach] — [Express termination clause] — [Renunciation] — [Breach of condition]


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


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)


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


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)


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


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)


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


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


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


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


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


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)


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)


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


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)


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


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


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)


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


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


Civil Procedure – Discovery of documents – Specific discovery – Whether discovery of various internal documents should be ordered.


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


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


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


Restitution – Money had and received – Defence of change of position – Whether defendants meeting requirements of defence


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.


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.


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)


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


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)


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


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