Part 1

• Case No.

  1. Low v Low [CAS'pore]

     • File sze: 98kb

     • Matter: ".... regarding the application of the presumption of advancement in a father-and-child relationship. The joint administrators of the estate of LKT .... brought this action to determine the respective rights of the Estate and LGB to the money in the six joint accounts ...."

  2.  Golden Harvest Films Distribution (Pte) Ltd v Golden Village Multiplex Pte Ltd [CAS'pore]

     • File sze: 68kb

     • Matter: "The present appeal turned on rather unusual facts and raised important issues centring around the conduct of meetings of the company (here, the meeting of the board of directors) in general and the appropriate legal norms that ought to be observed in the conduct of such meetings."

  3.  

     • File sze: kb

     • Matter: ""

  4. H.C. Tan v K.H. Tan [FCM]

     • File sze: 27kb

     • Matter: "Respondents .... filed a winding up petition .... to wind up Tan Chong Consolidated Sdn. Bhd. .... The Appellants then filed a notice of motion .... to restrain the legal firm .... from acting for the Respondents."

  5. Teiku v PP [FCM]

     • File sze: 29kb

     • Matter: "under the Dangerous Drugs Act 1952 there is no mandatory rule .... for the invocation of section 37(d) to establish the element of possession on a charge for trafficking of dangerous drug."

  6. Donald McArthy Trading Pte Ltd v Pankaj Dhirajlal [CAS'pore]

     • File sze: 51kb

     • Matter: "Whether the respondent was a moneylender within the terms of the Moneylenders Act."

  7. Lal Hiranand v Lal Hiranand [CAS'pore]

     • File sze: 80kb

     • Matter: "The parties before us have been engaged in litigation ... over the wills and estate of the appellant’s father. They eventually entered into a deed of settlement ... Ironically the deed became another area of contention between them."

  8. Metalform Asia Pte Ltd v Holland Leedon Pte Ltd [CAS'pore]

     • File sze: 128kb

     • Matter: "This appeal raises an important issue of practice as to when the court may restrain a creditor of an undisputed debt from presenting a winding-up petition against the debtor company."

  9. Mohammad Zam v Public Prosecutor [CAS'pore]

     • File sze: 25kb

     • Matter: "A consultant forensic psychiatrist with the Institute of Mental Health, ..., examined the appellant after he had been arrested by the police, and found the appellant to be suffering from a psychiatric disorder known as “Frontal Lobe Syndrome”. A person with this condition is known to be emotionally labile and unable to control his impulses."

  10. George Wong v Amcan Sdn Bhd [CAM]

      • File sze: 45kb

      • Matter: "appellant ... denied that he ordered the goods on behalf and/or as agent of Pembinaan Menjaya Sdn Bhd, ... that the goods were ordered by Unieast in Brunei Darussalam ..."

  11. SBS Transit Ltd v Rosemary Stafford [CAS'pore]

      • File sze: 56kb

      • Matter: "Suit 430 arose from a road traffic accident involving the Deceased, who was riding his motorcycle, and a double-decker SBS bus at the intersection of Clementi Road and Commonwealth Avenue West."

  12. Skandinaviska Enskilda Banken AB v Asia Pacific Breweries (S) Pte Ltd [CAS'pore]

      • File sze: 168kb

      • Matter: "... appeal raises several important legal issues with regard to both legal advice privilege [s 128 of the Evidence Act (Cap 97, 1997 Rev Ed)] as well as litigation privilege [s 131 of the Act and the common law]."

  13. WBG Network (S) Pte Ltd v Sunny Daisy Ltd [CAS'pore]

      • File sze: 35kb

      • Matter: "... that the contract had been between the appellant and a company called Internation Chlorella Co, Ltd and that the respondent had only acted as Internation’s agent through one Prof Wang Shun Te (“Prof Wang”) who was also the president of the respondent company;"

  14. Feroze Khan v Meera Hussain [CAM]

      • File sze: 32kb

      • Matter: "whether the trust deed and the transfer ... of a piece of land ... by the deceased father to ... (the respondent) was null and void under Islamic law since possession ... was never given to the respondent ... and the property was never vested in the name of the respondent ..."

  15. Bintulu Development Authority v Pilecon Engineering Bhd [CAM]

      • File sze: 37kb

      • Matter: "The arbitrator, ... at the request of the appellant and the respondent, referred by way of case stated pursuant to section 22(1)(a) [Arbitration Act 1952] five questions of law for the determination of the High Court."

Part 2

• Case No.:

  1. Public Prosecutor v Harmenderpall Singh [CAM]

     • File size: 161kb

     • Matter: "the High Court found for the respondent that he was denied the privilege of being heard before his driving licence was suspended by the Magistrate Court under s 41(5) as a result of being charged under s 41 ..."

  2. Heng v Cheah [CAM]

     • File size: 80kb

     • Matter: "In a gist the petition was filed under s 181 of the Companies Act 1965, alleging to the effect that the affairs of the company were being conducted or the powers of the appellants were being exercised in a manner oppressive to or in disregard of the respondent’s interest, ..."

  3. Jetara Sdn Bhd v Maju Holdings Sdn Bhd [CAM]

     • File size: 49kb

     • Matter: "... the appellant claimed against the respondent ... the outstanding amount due and owing by the respondent for all the works done and completed, inclusive of ... the retention monies and the ... ‘unauthorized deduction’ by the respondent."

  4. Kumar Jaspal Quah & Aishah v Far Legion Sdn Bhd [CAM]

     • File size: 43kb

     • Matter: "This was an appeal heard by us against the High Court’s decision rejecting the application of the appellant, ..., to disqualify Messrs Chellam Wong, also a firm of advocates and solicitors, from acting in the matter in which it had a pecuniary interest."

  5. Metramac Corporation Sdn Bhd v Fawziah Holdings Sdn Bhd [FCM]

     • File size: 176kb

     • Matter: "Whether the creation of a trust by a company amounts to an illegal reduction of its capital? Whether the test adopted by the Court of Appeal, in determining whether Clause 8 ... [is a penalty] is the correct ... Whether the Court of Appeal’s adverse remarks ... shows a real danger of bias ..."

  6. Sarawak v Abdul Wahab [CAM]

     • File size: 37kb

     • Matter: "The complaint of the Respondent rests on the decision of the 1st Appellant, the Government of Sarawak not to grant the option prescribed under section 16(1) of the Ordinance to all officers serving in the SFD on the appointed date to join the newly established SFC."

  7. Eric Chia v Public Prosecutor [FCM]

     • File size: 117kb

     • Matter: "Accordingly, there is no right of appeal to the Federal Court in a criminal matter that originated in the subordinate courts. Does this violate art 121(2)(a) of the Federal Constitution which provides that the Federal Court shall have jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof ...?"

  8. Subashini v Saravanan [CAM]

     • File size: 54kb

     • Matter: "... this court was moved for an order to restrain the respondent husband from moving the Sharia Court for relief against his non-Muslim wife pending the latter’s application for leave to the Federal Court. Of particular concern to the appellant wife is the prospect of the respondent obtaining permanent custody of the eldest child of the marriage and in converting the second child to Islam."

  9. Bar Council Disciplinary Board v Wan Mohd Nazri [FCM]

     • File size: 35kb

     • Matter: "... the Disciplinary Board appointed a Disciplinary Committee by virtue of [s.103A(a)] of the Legal Profession Act 1976 without constituting an Investigating Tribunal under section 100 to investigate into the complaint and report its findings to the Disciplinary Board."

  10. Asean Securities Paper Mills Sdn Bhd v CGU Insurance Bhd [FCM]

      • File size: 68kb

      • Matter: "... whether it is opened to an appellate court to totally disregard (in the sense of not adverting at all to) the evidence and findings of two experts ... whether it is competent for the Court of Appeal to hold that the acts of a single shareholder/Director binds the company ..."

  11. Fiona Foo v Dr Soo [FCM]

      • File size: 87kb

      • Matter: "Whether the Bolam test ... in the area of medical negligence should apply in relation to all aspects of medical negligence?"

  12. Ng v Public Prosecutor [CAS'pore]

      • File size: 184kb

      • Matter: "Though it was apparent from this that the basis for the present motion was the alleged violation of the applicants’ right to a fair trial, it remained unclear what remedies were actually sought as a consequence of this violation."

  13. Amaravathy v Sivapragasam [CAM]

      • File size: 22kb

      • Matter: "... the question that arose was whether the beneficiaries of the estate of a person who had died intestate could in law, before the estate of the deceased was administered and distributed, have any interest or property in the estate."

  14. Abu Bakar v Ismail Husin [CAM]

      • File size: 107kb

      • Matter: "... we are compelled to decide as to which of two innocent persons who are affected by the fraud of a rogue third party must suffer. In the present case the question arises in the context of immovable property and is clearly determined by ... the National Land Code ..."

  15. Ahmad Najib v Public Prosecutor [CAM]

      • File size: 159kb

      • Matter: "The facts ... do not provide occasion for considering whether any act that the appellant would have done to the victim, be it strangling, or hitting or stabbing, or burning, might have lacked that element of intention that would bring it under limb (b) or (c) of the definition of murder, ..."

Part 3

• Case No.:

  1. Sarawak Shell Bhd v Chong [CAM]

     • File size: 60kb

     • Matter: "The plaintiffs’ [employees'] essential grievance was ... that when they severally received their RBF entitlement from the first or second defendant company [employer] they discovered that from their entitlement there had been made deductions ..."

  2. Robert Lee v A.Y. Wong [FCM]

     • File size: 54kb

     • Matter: "The fact that the land has been acquired by the State and will be used for residential purposes makes no difference. The land remains a Customary Land until the State authority decides to declare it, or part of it, otherwise. That again is a matter of policy."

  3. Donald McArthy Trading Pte Ltd v Pankaj Dhirajlal [CASg]

     • File size: 52kb

     • Matter: "Whether the respondent was a moneylender within the terms of the Moneylenders Act ..."

  4. Allied Bank (M) Sdn Bhd v J.H. Yau [CAM]

     • File size: 58kb

     • Matter: "The learned [Judicial Commissioner] seems to be of the view that a demand was a pre-requisite to recovery ..; he found that no demand was made by the appellant and hence held that the appellant was not entitled to recover the loan ..."

  5. T.S. Lee v K.L. Lee [CAM]

     • File size: 46kb

     • Matter: "whether an application for summary judgment which ought properly to be moved under O 14 of the Rules of the High Court 1980 (‘RHC’) but is moved under O 81 is saved by the terms of O 1A"

  6. Victor Cham v B.T. Loh [CAM]

     • File size: 47kb

     • Matter: "The first appellant resisted the claim on the ground that as director of the first defendant, a limited company, he is not legally liable either in tort or contract for the act or omission on the part of the company, as the company, is a distinct legal entity ..."

  7. Mamat Talib v Abdul Jalil Rashid [CAM]

     • File size: 34kb

     • Matter: "... judge struck down the plaintiff’s dismissal because he had not been supplied with the notes of proceedings at the enquiry. According to the trial judge, ‘the non-supplying of the notes of proceedings goes to the validity of the decision making process ... against the plaintiff ..."

  8. Future Enterprises Pte Ltd v McDonald's Corp [CASg]

     • File size: 41kb

     • Matter: "Before discussing the merits of the appellant’s contentions, there is a threshold question as to whether the appellant had in fact acquired the right to the use of the unregistered “MacCoffee” mark for instant coffee mix."

  9. KGV & Associates Sdn Bhd v The Co-operative Central Bank Ltd [CAM]

     • File size: 44kb

     • Matter: "The defendant ... gave a valuation report setting out the estimated value of a piece of property. The report was given to a third party. The plaintiff says it relied on that report and suffered pure financial loss. It sued the defendant."

  10. Priyakumary v Gunasingam [CAM]

      • File size: 38kb

      • Matter: "we are of the considered view that the procedure adopted by the respondent in filing the action by way of Summons-in-Chambers to set aside the order of the Court granting the Letters of Administration of the estate of the deceased to the appellants is totally incorrect. It amounts to an irregularity which cannot be cured ..."

  11. Pengurusan Danaharta Nasional Bhd v K.H. Tang [FCM]

      • File size: 50kb

      • Matter: "What is the proper test to be applied in an application for leave for judicial review ... What amounts to a decision of a public authority ... Does s 72 of the Pengurusan Danaharta Nasional Bhd Act 1998 oust the jurisdiction of the courts ..."

  12. Al Rashidy Kassin v Roaman Roslan [CAM]

      • File size: 40kb

      • Matter: "whether the beneficiaries of the deceased person without first obtaining the Letters of Administration have a locus standi to commence an action to protect and to regain the land which has been fraudulently obtained by an outsider"

  13. Firstcrest Global Ltd v Indexia Assets Ltd [CAM]

      • File size: 56kb

      • Matter: "The tone expressed in the agreement certainly does not imply, in any manner whatsoever, that the shares to be sold to the appellants are for leverage to gain control of the management of QSR."

  14. Public Prosecutor v Sa'ari Jusoh [FCM]

      • File size: 126kb

      • Matter: "... two issues of considerable importance in a criminal trial. They relate to the meaning of the expression ‘selling’ in the definition of ‘trafficking’ in s 2 of the Dangerous Drugs Act 1952 ... and the extent to which the case for the prosecution is restricted to what was stated in the opening address."

  15. Mohd Zain Yusoff v Avel Consultant Sdn Bhd [CAM]

      • File size: 57kb

      • Matter: "The main issue to be decided in this appeal by the appellants is whether the respondents are only entitled to profits, and not gross income derived by the appellants from their breaches."

Part 4

• Case No.:

  1. Subry Hamid v Husaini Ikhwan [CAM]

     • File size: 48kb

     • Matter: "... the failure of the learned judicial commissioner to draw an adverse inference against the defendants is a serious misdirection which has occasioned a miscarriage of justice. In my judgment, the plaintiff was entitled to a finding from the High Court that he had established a prima facie case that he had been induced to plead guilty to the charge ..."

  2. Bata Ltd v A.B. Sim [CAM]

     • File size: 73kb

     • Matter: "the appellant declared that it is the registered proprietor of a trade mark under class 25 for shoes, boots and parts thereof, slippers and sandals ... which was registered on 23 August 1971"

  3. T.N. Yap v H.L. Yap [CAM]

     • File size: 58kb

     • Matter: "... the respondents, ... gave, as reasons for the revocation of the grant of administration to the appellant ..., the petitioner’s failure to state the true position as regards Lots 430 and 432 and the fact that YHK was a bankrupt"

  4. Mascom (M) Sdn Bhd v Kamawang Enterprise Sdn Bhd [CAM]

     • File size: 34kb

     • Matter: "By a partnership deed ... executed by the first appellant, the first respondent and the second respondent, a partnership by the name of SMK Engineering and comprising those three companies was formed for the sole purpose of undertaking the construction of a road ..."

  5. The Luna Indah [CAM]

     • File size: 19kb

     • Matter: "The Emerald Venture was carrying a cargo of ... logs for transhipment. When it arrived in Lumut, it ran into problems ... So the logs in question were transferred to the Luna Indah ... The owners of the Luna Indah, ... refused to deliver up ... 122 logs in question ..."

  6. BCH Retail Investment Pte Ltd v The Chief Assessor [CASg]

     • File size: 64kb

     • Matter: "an appeal ... against the decision of the trial judge holding, inter alia, that the Chief Assessor of Property Tax had been entitled not to allow a “deduction” of all reasonable advertising and promotion expenses incurred ..."

  7. Dixon v John [CASg]

     • File size: 77kb

     • Matter: "Whether the liability issue had been excluded and/or waived ... Whether the trial judge had erred in failing to exercise his discretion to modify the valuation of the subject shares by the expert ... Whether certain evidence in the form of non-pecuniary material circumstances should have been taken into account ..."

  8. George v Jenton Overseas Investment Pte Ltd [CASg]

     • File size: 141kb

     • Matter: "an appeal against the decision of the High Court ... which found the appellant director liable for breach of fiduciary duty to the respondent company ..."

  9. Samuel Ong v Kristine Chan [CASg]

     • File size: 50kb

     • Matter: "The Husband’s main argument ... was that Malvern Springs should not be included in the pool of matrimonial assets to be divided, ... [because] the Wife had, from the very beginning, maintained that she was not interested in ... Malvern Springs and that she should not be responsible for any liability that might arise ..."

  10. Pertamina Energy Trading Ltd v Karaha Bodas Co LLC [CASg]

      • File size: 150kb

      • Matter: "whether or not a contempt of court had been committed in the context of a Mareva injunction ... in somewhat unusual circumstances. There was no alleged contravention of the Mareva injunction ... There was, instead, an alleged thwarting or frustration of the injunction concerned ..."

  11. Shiraz v Hussain [CASg]

      • File size: 38kb

      • Matter: "appeal stemmed from a family dispute concerning the distribution of the estate of a testator who had died partially intestate .... whether there was a completed agreement among the beneficiaries to distribute the inheritance in accordance with the wishes of the deceased father and, if so, what the terms of that agreement were."

  12. Cipta Cermat Sdn Bhd v Kedah State Development Corporation [CAM]

      • File size: 55kb

      • Matter: "... who was in breach of a contract. Of course, there is no universal answer ... It all depends on the nature of the particular obligation. Often it depends on the order of performance of the respective obligations and ..."

  13. Sarawak v Abdul Wahab [CAM]

      • File size: 36kb

      • Matter: "The complaint of the respondent rests on the decision of the ... the Government of Sarawak not to grant the option ... to all officers serving in the SFD on the appointed date to join the newly established SFC."

  14. LSSC Development Sdn Bhd v Thomas Iruthayam [CAM]

      • File size: 47kb

      • Matter: "What are the remedies open to an innocent party where there is a breach of contract? One would have thought that this rather basic question had been answered by the courts of England at least by the mid 19th century through the doctrine of repudiation."

  15. T.C. See v Tunku Nadzaruddin Jaafar [CAM]

      • File size: 34kb

      • Matter: "... the first plaintiff asserted that it was an implied term of his appointment as managing director of the fifth defendant that he would remain as managing director for as long as he was willing and able to do so."

Part 5

• Case No.:

  1. Asean Security Paper Mills Sdn Bhd v CGU Insurance Bhd [FCM]

     • File size: 69kb

     • Matter: "Whether it is opened to an appellate court to totally disregard ... the evidence and findings of two experts ... Whether it is competent for the Court of Appeal to hold that the acts of a single shareholder/Director binds the company when the shareholder/Director was not acting in the course of his employment."

  2. Joo Seng Trading Co v Commercial Importers & Distributors Sdn Bhd [CAM]

     • File size: 21kb

     • Matter: "The subject matter of the claim is a distribution agreement entered into between appellant and respondent ... By that agreement, the appellant was appointed as the respondent’s distributor of cigarettes ..."

  3. P.L. Lew v S.L. Chi [CAM]

     • File size: 22kb

     • Matter: "The parties being husband and wife, the purchase and registration of the subject property by the plaintiff husband in the defendant wife’s name made the wife the beneficial owner of the subject property by reason of the presumption of advancement operating in her favour."

  4. Malayan Banking Bhd v Basarudin [FCM]

     • File size: 48kb

     • Matter: "In a contract that contains a promise by a party to indemnify the other party for loss if there is a breach of the contract by the promisor, whether the promisee has a right to sue the promisor either for breach of contract or on the indemnity, if there is breach of the contract by the promisor."

  5. H.C. Mah v Public Prosecutor [CAM]

     • File size: 38kb

     • Matter: "if Parliament wanted to specifically include agreements to sell, offers to sell, or negotiations for sale in the definition of trafficking, it would have done so."

  6. Besharapan Sdn Bhd v Agroco Plantation Sdn Bhd [CAM]

     • File size: 37kb

     • Matter: "the Respondents applied to the High Court ... seeking among others a declaration that 1st Respondent is by virtue of the Sale and Purchase Agreement ... entitled to register their name on the title deed of the subject land."

  7. Deputy Minister for Internal Security v B.C. Ong [FCM]

     • File size: 32kb

     • Matter: "The issue for determination is the effect of an act done by a person when he is not the holder of the office who is required by law to do the act in question."

  8. Kumaran Suppiah v Noh Omar [FCM]

     • File size: 37kb

     • Matter: "whether a detention order made under section 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 can be made to take effect on a date subsequent to the date on which it was made"

  9. Y.F. Lock v H.C. Chua [CASg]

     • File size: 65kb

     • Matter: "... we ordered an equal division of all the matrimonial assets available for distribution. However, in so far as the issue of maintenance was concerned, we found it appropriate, in the circumstances, to rescind the order made by the Judge."

  10. 

      • File size: kb

      • Matter: ""

  11. Deputy Minister for Internal Security v Arasa Kumaran [FCM]

      • File size: 42kb

      • Matter: "It raises for consideration the proper interpretation to be accorded to section 3(3)(a) and (b) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 and the extent of the ratio decidendi of ... Mohd Faizal Haris v Timbalan Menteri Dalam Negeri, Malaysia (2006) 1 MLJ 309."

  12. B.G. v B.F. [CASg]

      • File size: 124kb

      • Matter: "In the event, the Husband and the Wife, each dissatisfied with parts of the judge’s decision, have now appealed to this court."

  13. First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd [CASg]

      • File size: 176kb

      • Matter: "The Patent covered a method and system of determining the operating currency of a payment card at the point of sale between the merchant and the cardholder by automatically extracting a series of digits known as the “identifier code” from the payment card number ..."

  14. M.N. Au v Y.C. Ung [CAM]

      • File size: 85kb

      • Matter: "It is important to recognise that the Federal Court in Adorna Properties was not laying down any new principle ... It was merely interpreting a section in a statute. If it can therefore be demonstrated that Adorna Properties was decided per incuriam, no court in this country need follow it."

  15. Andrew C.E.C. Chuah v W.C. Ooi [CAM]

      • File size: 46kb

      • Matter: "The appellant’s proof of debt was rejected ... on the ground that the money received was for the benefit of third parties ... Even if the letter of offer was signed and accepted by LSSB it was the understanding ... that the loan facilities were for the benefit of LSSB’s clients."