Part 1

• Case No.

  1. Sinnathamboo v Min for Labour & Manpower [HCM]

     • File size: 33kb

     • Matter: "I was of the view that the one month time-limit prescribed under s 20(1) of [the Industrial Relations Act 1967 (revised)] was a mandatory provision; and failure to comply was fatal to a workman who was not a member of a trade union"

  2. United Overseas Land Ltd v Loke Hong Kee (S) Pte Ltd [CASg]

     • File size: 44kb

     • Matter: "In our judgment so long as the architect’s opinion was reached bona fide the appellants were entitled to act on the written recommendation of the architect and to determine the respondents’ employment under the main contract on that ground"

  3. T.T. Haw v PP [CASg]

     • File size: 33kb

     • Matter: "The submission is that the appellant had a substantive right which accrued to him when he was first charged on 13 December 1976 to make an unsworn statement under the law as it stood before s 181(2) and s 186A came into operation"

  4. Tan Swee Hoe Co Ltd v Ali Hussain Bros [HCM]

     • File size: 31kb

     • Matter: "was there any intention to create a lease for a term of years to be determined as claimed by the defendants."

  5. C.C. Lau v Chou [HCSg]

     • File size: 39kb

     • Matter: "whether a court is satisfied on the evidence that it can draw an inference of a trust from the conduct of the parties of the surrounding circumstances even though the parties themselves have made no precise agreement about their respective shares [in the matrimonial home]"

  6. Teo v PP [PC]

     • File size: 21kb

     • Matter: "The principal ground was that the refusal of the judges to grant an adjournment to enable Dr Rintoul to complete his quantitative analysis amounted to a denial of justice to the appellant."

  7. Union Workshop (Construction) Co Sdn Bhd v Ng Chew Ho Construction Co Sdn Bhd [FCM]

     • File size: 24kb

     • Matter: "The dispute between the parties was the amount due on the sub-contract. The payment on the sub-contract was on the weight of steel supplied and used in the construction at a specified $820 per ton. The price included the cost of construction"

  8. A.T. Tan v PP [CASg]

     • File size: 51kb

     • Matter: "I do not think that possession [of heroin] was intended to be limited by legal technicalities to one of two alternatives, namely, either to mere physical possession or to mere legal possession. Both are forbidden."

  9. Wix Corpn SEA Sdn Bhd v Min for Labour & Manpower [HCM]

     • File size: 25kb

     • Matter: "The question then is whether these two reports are unpublished official records relating to affairs of State within the meaning of s 123 of the Evidence Act"

  10. Law Society of Singapore v T.C. Ong [HCSg] 

      • File size: 67

      • Matter: "a disciplinary committee appointed by the Chief Justice can only investigate matters referred to it by the Council [of the Law Society] and cannot decide of its own motion to inquire into and investigate matters not specifically referred to it by the Council"

  11. Malaysia v Sim [FCM]

      • File size: 27kb

      • Matter: "the point before this court is that the condition in respect of deposit has not been complied with within the stipulated time. In our view, if the statutory condition has not been fulfilled the court has no power to grant an extension of time"

  12. PP v Osman [HCM]

      • File size: 27kb

      • Matter: "One has to study the purport of the LPN Act 1971 was promulgated ..., it must have been intended that the latter be of strict liability, if only because in the context in which the Government deems it necessary in order to maintain a stable and proper price for paddy and rice ..."

  13. SBS Ltd v Lim Swee Pheng & Sons (Pte) Ltd [CASg]

      • File size: 28kb

      • Matter: "In our opinion, giving the language of s 18 its natural meaning in the context of the [Workmen’s Compensation Act 1975] as a whole, the indemnity which the employer is entitled to is of the whole amount of the compensation which the person who is responsible in law for the injury has caused him to pay."

  14. Lloyd Triestino Societa v Chocolate Products (Malaysia) Sdn Bhd [FCM]

      • File size: 25kb

      • Matter: "The writ of summons taken out by the respondents as plaintiffs in this case was not served on the named defendants within 12 months of the issue. But a scant fortnight before the end of this period of 12 months, the respondents applied ex parte for renewal of the writ"

  15. Visunathan v PP [CASg]

      • File size: 24kb

      • Matter: "They found that it was the appellant who started the fight with the deceased in the course of which he stabbed the deceased in the chest and then ran away. They also found that the appellant inflicted the fatal stab wound"

Part 2

• Case No.:

  1. K.P. Khoo v E.K. Ooi [HCM]

     • File size: 40kb

     • Matter: "If by that omission, there resulted an ambiguity or uncertainty as to who “the said nominee” was there would have been some merit in the objection."

  2. AG of Singapore v W.C. Wong [CASg]

     • File size: 49kb

     • Matter: "we have to consider whether the arbitrator on the face of the award correctly applied the views expressed in the Suisse Atlantique case as to what breach of contract would constitute a fundamental breach."

  3. G.B. Bong v Ahmad Nordin [HCM] 

     • File size: 23kb

     • Matter: "Any right to amend the [election] petition will only give rise to reciprocal right to respondents to amend their motions. A petition cannot be sustained by a trial and error method in court with the petitioner changing course of action whenever confronted by viable opposition."

  4. Patriot Pte Ltd v Lam Hong Commercial Co. [CASg] 

     • File size: 26kb

     • Matter: "It has been settled law since Foster v Driscoll [1929] 2 KB 470 that if a party to a contract actively engages in an illegal adventure to get goods into a country in breach of the revenue laws of that country, the court will not assist the parties to the adventure"

  5. Malaysian Diary Industries Pte Ltd v Yakult (Singapore) Pte Ltd [HCSg] 

     • File size: 28kb

     • Matter: "In my view the plaintiffs have failed to establish that the shape of the Vitagen bottle has become by use in Singapore distinctive of the plaintiffs’ lactic acid drink, and that they have an exclusive right to use the letters ‘LB’. "

  6. Jamshid v Port of Singapore Authority [HCSg] 

     • File size: 18kb

     • Matter: "In my view, owing to the fact that the plaintiff’s services were never terminated by the defendants as their own records show and that he was still in their employ up to the end of March 1979, he is entitled to his salary from the date of his suspension "

  7. Dawe v Wayfoong Mortgage & Finance (Singapore) Pte Ltd [HCSg] 

     • File size: 22kb

     • Matter: "the questions which have to be decided in this case are questions subjective to the appellant - questions of his frame of mind, his intention at various dates in relation to his residence, domicile and so forth. Those are matters in respect of which it seems to us that the physical presence of the appellant in Singapore to be cross-examined"

  8. Industrial & Commercial Realty Co Ltd v Merchant Credit Pte Ltd [HCSg] 

     • File size: 24kb

     • Matter: "No company can ever accept share capital from a shareholder on the basis that if its project fails, the capital subscribed by the shareholder will be refunded. A shareholder has no right to demand from his company refund of the share capital which he has willingly subscribed."

  9. Letchme v Gopal [HCSg] 

     • File size: 25kb

     • Matter: "Where the husband is the erring party and the wife the innocent one, and such are the facts in the instant case, the law is clear and explicit that there is a liability on the part of the husband to maintain his wife whether before or after divorce. It is his misconception of the law that has, in my view led the learned magistrate to misconstrue s 62(1). "

  10. Hong Kong Vegetable Oil Co Ltd v Malin Sirinaga Wicker [HCSg]

      • File size: 60kb

      • Matter: "I interpreted this principle to mean that once the court is satisfied that there is a serious question to be tried then the court is not to follow the previous practice of requiring a plaintiff to show a prima facie case before granting him an interim injunction."

  11. Loh v Zaibun Sa [FCM]

      • File size: 21kb

      • Matter: "This appeal is from the refusal of the learned judge to order specific performance of an agreement to sell land and his decision to award damages instead."

  12. Pahang v Tengku Abdul Aziz [FCM]

      • File size: 14kb

      • Matter: "an appeal from the dismissal of an application for leave to amend the statement of defence by pleading s 9(1) of the Limitation Ordinance 1953 as a bar to the claim of the respondents ..."

  13. Haw Par Brothers International Ltd v Overseas Textiles Co Ltd [HCSg]

      • File size: 33kb

      • Matter: "counsel for the debenture holders submitted that when a floating charge has crystallized, the landlord cannot distrain and if he does, the debenture holder has priority."

  14. Chip Chong Sawmill Co Sdn Bhd v Chai [FCM]

      • File size: 40kb

      • Matter: "It is a primary principle of evidence that a person is not bound by a judgment unless he is a party to it"

  15. Bank of Canton v Dart Sum Timber (Pte) Ltd [CASg]

      • File size: 24kb

      • Matter: "The first point taken by counsel for the appellants is that the learned Chief Justice was wrong in failing to order the consolidation of the two suits under Ord. 4 r 1"

Part 3

• Case No.:

  1. Y.H. Chow v A.P. Choo [PC]

     • File size: 44kb

     • Matter: "According to the appellants, the money was put in trust by a dying man as a provision for his widow and has been properly paid over to her; according to the respondent, it was obtained fraudulently from an unmarried man, when he was mentally incapable of understanding what he was doing, ..."

  2. Hagemeyer Trading Co (Malaysia) Sdn Bhd v Gibson Trading Co [FCM]

     • File size: 45kb

     • Matter: "It is therefore reasonably clear that the principle of election applies only to a case of joint liability in the relationship of principal and agent. "

  3. DGIR v Central Sugars Bhd [HCM]

     • File size: 37kb

     • Matter: "[Revenue] submitted that the Taxpayer had not proved it was hedging. It then contended that if speculation, it was not covered by the pioneer certificate, it being a separate trade and the profits were chargeable."

  4. K.T. Lim v PP [HCSg]

     • File size: 33kb

     • Matter: "In my judgment, in these circumstances, it cannot be said that the statement was a voluntary statement in that it was not obtained by inducement or threat and in my opinion the statement was wrongly admitted in evidence. "

  5. K.G. Lee v Phoenix Heights Estate (Pte) Ltd [HCSg]

     • File size: 11kb

     • Matter: "The house was ready for occupation on 28 November 1974 and authority to occupy it was granted by the Building Authority in the form of a [Temporary Occupation Licence]. The plaintiffs had no valid reason for not taking possession and occupying it on 28 November 1974"

  6. T.T. Wee v C.H. Ong [FCM]

     • File size: 46kb

     • Matter: "In Good v Parry [1963] 2 All ER 59 it was held by the English Court of Appeal that for there to be an acknowledgment of a claim within the English provision, there must be an admission that there is a debt or other liquidated amount outstanding and unpaid."

  7. Nadefinco Ltd v Kevin Corporation Sdn Bhd [FCM]

     • File size: 33kb

     • Matter: "the learned judge agreed that [time] began to run from the date on the winding up ... and therefore this action is not barred by the Ordinance."

  8. H.T. Chng v Sime Darby Holdings Ltd [HCSg]

     • File size: 47kb

     • Matter: "Clause 17 is very clear to me. Its wording and place as the last clause in the Share Sale Agreement leaves me in no doubt whatever that it fairly and squarely imposes on Sime Darby an obligation in law to obtain listing approval."

  9. Telok Sabang (Sabang) Bhd v Malaysia [HCB]

     • File size: 16kb

     • Matter: "whether the armed forces and consequently the government by negligence caused the fire to the sawmill; whether the government is absolved from any liability in view of s 5 of the Emergency (Essential Powers) Ordinance 1969 read with s 6(2) of Government Proceedings Ordinance 1956"

  10. Official Assignee v Chartered Industries of Singapore Ltd [HCSg]

      • File size: 25kb

      • Matter: "It is obvious looking at the award that the arbitrator failed to decide on all the matters or issues referred to him. In particular he failed to decide the very questions submitted to him whether or not the notice of 16 April and the termination of the agreement on 30 April 1970 by CIS were unlawful and void "

  11. Lian Huat Pte Ltd v Megah Commercial Co [HCSg]

      • File size: 25kb

      • Matter: "I accept the evidence of the surveyor that the nutmegs he surveyed were Papua nutmegs ABCD but that Tan Lian Siauw insisted that he issue a ‘certificate of international quality’ which the surveyor was not prepared to do, not knowing what it was."

  12. K.H. Khoo v E.J. Ketting [FCM]

      • File size: 32kb

      • Matter: "Following the dictum of Smith J in Chua Chee Chor v Chua Kim Yong [1960] MLJ 127, 130, he held that failure to include a right of action as an asset in the list annexed to the grant of letters of administration did not affect a personal representative’s statutory powers to sue in respect of all causes of action that survive the deceased person"

  13. Y.C. Howe v Chief Assessor of Property Tax, Singapore [HCSg]

      • File size: 56kb

      • Matter: "the taxpayer should be given the same opportunity of cross-examining the Chief Assessor or his representative as he has of cross-examining the valuer of the taxpayer. In my view, the procedure adopted by the Valuation Review Board in this appeal was wrong. The principles of natural justice should have been observed"

  14. C.K. New v K.E. Hilborne [HCSg]

      • File size: 34kb

      • Matter: "the plaintiff after his traffic accident ... went to the offices of the defendants’ firm, ..., a firm of advocates and solicitors, and engaged them to act for him in making a claim and if necessary for taking proceedings for damages"

  15. Jebsen & Jessen (Singapore) Pte Ltd v Yeung [HCSg]

      • File size: 26kb

      • Matter: "I find on the defendant’s evidence that the issue of the cheque to Simon Yoong ... was clearly affected with fraud and that being so having regard to [s.30(2), Bills of Exchange Act] the onus is on the plaintiffs to prove that value had been given for the cheque."

Part 4

• Case No.

  1. Rao v Sapuran Kaur [FCM]

     • File size: 67kb

     • Matter: "The plaintiffs applied for discovery of the accident investigation report but the Government claimed privilege and refused to produce the report. The court rejected the view that the assertion of executive privilege was conclusive on the question of production. The court recognised that there are State secrets which need not be produced but held that the determination of whether they are State secrets is a judicial function"

  2. Chan v Law Society of Singapore [PC]

     • File size: 30kb

     • Matter: "The Society, as required by s 94(1), proceeded to make an application to the High Court under s 98 that Mr Chan be struck off the Roll or suspended from practice or censured"

  3. Port Swettenham Authority v TW Wu & Co (M) Sdn Bhd [PC]

     • File size: 41kb

     • Matter: "Their Lordships consider that the onus is upon the defendants ... to prove that they had taken as much care of the plaintiffs’ goods as a Port Authority of ordinary prudence would, under similar circumstances, have taken of its own goods of the same bulk, quality and value as the 64 lost cases"

  4. Zaharah Hussin v Malaysia [HCM]

     • File size: 23kb

     • Matter: "an action for negligence against the Government of Malaysia for the act of their servants arising from a fatal accident ... in which the deceased were shot by the Security Forces. ... The defendant admits the shooting but denies negligence. They said they took precautions before they fired; they also said the deceased had no right to be at the place ... because it was a gazetted controlled area under the ISA"

  5. Tropical Timber Industries Ltd v Sheriff of the High Court of Penang [FCM]

     • File size: 18kb

     • Matter: "The intervenors also contend that the subject- matter of the appeal, the summons-in-chambers, was also by a wrong procedure and that the adjournment into open court in order to treat the application as a notice of motion did not remedy the situation nor save the proceedings from being a nullity"

  6. PP v Lim [HCM]

     • File size: 31kb

     • Matter: "a party of customs officers seized the iron valves imported by the defendant ... The defendants protested and ... asked for the return of their goods. It was the contention of the defendants ... that the goods were not dutiable"

  7. Y.E. Yee v Industrial Arbitration Court [HCSg]

     • File size: 32kb

     • Matter: "After hearing submissions by both counsel, the Industrial Arbitration Court, ... [ordered] that as secretary and director of the company, the applicant was to be personally liable for the payment of the retrenchment benefits ..."

  8. Mahan Singh v Malaysia [PC]

     • File size: 48kb

     • Matter: "The Constitution is by Article 4(1) the supreme law of the Federation. The meaning of “dismissed” and “dismissal” in Article 135 cannot be cut down by using the expression in some narrower sense in regulations dealing with the conduct and discipline of members of the public service"

  9. Soon v PP [HCM]

     • File size: 20kb

     • Matter: "s 2 ..., does not define contrivance. It also does not include contrivance within the definition of “copy” since copy is defined to mean “a reproduction of a work in written form, in the form of a recording or cinematograph film or in any other material form.”"

  10. Syed Kechik v Malaysia [FCM]

      • File size: 87kb

      • Matter: "The questions here are whether or not the applicant “belongs” to the State of Sabah ... and he is a permanent resident ... He claims that he is and if that is so, then ... he is entitled to enter Sabah without a Permit or Pass"

  11. The Andara [HCSg]

      • File size: 33kb

      • Matter: "It is submitted that the word ‘ton’ is not sufficiently specific and is capable of more than one meaning. When used in relation to a ship or vessel it may be used as a unit of volume or a unit of weight."

  12. The Courages Colocotronis [HCSg]

      • File size: 37kb

      • Matter: "In my opinion the requirement that the affidavit leading to the warrant of arrest should state the nature of the claim of the plaintiffs is far too important a requirement as the defendants whose interests in the ship or property would be affected by the arrest and detention of the ship should know why their rights and interests are being invaded"

  13. Penang Municipal Council v Boey [FCM]

      • File size: 37kb

      • Matter: "whether the appellants can institute proceedings seeking an injunction to restrain a public nuisance without the relation of the Attorney General because s 8(1) of the ‘Government Proceedings Ordinance, 1956, it is argued, directs that only the Attorney General, or two or more persons having obtained his written consent, may institute such proceedings"

  14. Loh v Malaysia [HCM]

      • File size: 75kb

      • Matter: "Because the applicant’s name had been put on a suspect list kept by the Immigration Department, he was not issued with a new passport. His name was included on the said suspect list because of the criminal charges preferred against him"

  15. Bui v Overseas Union Enterprise Ltd [HCSg]

      • File size: 72kb

      • Matter: "plaintiffs claim from the defendants ... damages for the loss of their goods, i.e. wearing apparel, jewellery ornaments, moneys and cheques which were stolen ... from a suite occupied by them at the defendants’ hotel"

Part 5

• Case No.:

  1. Len Omnibus Co Bhd v North South Transport Sdn Bhd [FCM]

     • File size: 32kb

     • Matter: "the appellants were partly to blame for the nasty head-on collision between their motor bus and the respondents’ motor lorry "

  2. Nassim v The Collector of Land Revenue [HCSg]

     • File size: 26kb

     • Matter: "At the hearing of the appeal before us, it is now conceded that there is a substantial quantity of sand on the subject land. Indeed, the main issue in this appeal is as to the quantity of sand that can be extracted from the subject property and its value as at the date of acquisition. "

  3. The Collector of Land Revenue v Garden City Development Bhd [FCM]

     • File size: 117kb

     • Matter: "It is to be appreciated that the Federal Court has since in Pengarah Tanah & Galian, Wilayah Persekutuan v Sri Lempah Enterprise Sdn Bhd [1979] 1 MLJ held that in an application for alteration of the category of land use, the State Executive Council may not require the landowner to accept a lease of 99 years for his title in perpetuity."

  4. Woo v Yong [FCM]

     • File size: 45kb

     • Matter: "For a while all went well. The parties were on good terms. Although the key to the front door was always kept by the appellant, he was always ready and willing to open it for the respondent and his employees whenever required to do so"

  5. T.P.C. v H.O.K [HCM]

     • File size: 46kb

     • Matter: "an originating summons ... taken out ..., by the paternal grandparents of an infant who claimed the custody of their grand-child"

  6. Kong Thai Sawmill (Miri) Sdn Bhd v Ling [PC]

     • File size: 70kb

     • Matter: "The Company had no prospect of continuing life and what was sought was merely independent control of an inevitable liquidation But it does not follow, and should not be assumed, that the Company had no other profitable activities open to it, and it would be for the shareholders as a whole to decide whether the Company should continue, ..." 

  7. International Investment Ltd v Comptroller General of Inland Revenue [PC]

     • File size: 33kb

     • Matter: "It was this transfer to Island Hotels which gave rise to the profit on which income tax has been assessed and is disputed. The fact that the consideration was received in shares and not in cash is immaterial,"

  8. Phua v Tan [HCM]

     • File size: 28kb

     • Matter: "The plaintiffs claimed that they were the legal President and Committee of the said Society. On 30 October 1977 at its special meeting, the defendants passed a resolution as above stated after the first plaintiff as President had declared the meeting closed."

  9. IAC (Singapore) Pte Ltd v Koh [HCSg]

     • File size: 21kb

     • Matter: "The sole issue is whether the alleged contract is in law a guarantee, a collateral agreement between the defendant and the plaintiffs to answer for the debt or default of AAC"

  10. Pakistan v Seng Peng Sawmills Sdn Bhd [FCM]

      • File size: 44kb

      • Matter: "appeal is against the decision of the High Court at Kuantan dismissing the application of the appellant seeking that the respondents, ..., be restrained from disallowing the appellant, ..., from removing ... railway sleepers and railway crossing timbers ... at Kuantan to enable the appellant to ship the sleepers to Pakistan"

  11. Yong Nyee Fan & Sons Sdn Bhd v Kim Guan & Co Sdn Bhd [FCM]

      • File size: 131kb

      • Matter: "House No 26 Hugh Low Street, ..., was bought ... and registered in the name of Yong Nyee Fan & Sons Sdn Bhd (Yong & Co), ... The accounts of Yong & Co showed that the money for the purchase came from the company and the property was regarded as an asset of the company and declared as such"

  12. Malaysia National Insurance Sdn Bhd v Abdul Aziz [FCM]

      • File size: 38kb

      • Matter: "The policy of insurance stated that “the company shall not be liable in respect of any accident loss damage or liability caused sustained or incurred whilst the motor vehicle is being driven by any person other than an authorised driver.”"

  13. Chong v Yong [FCM]

      • File size: 144kb

      • Matter: "This case, ..., involves the question of the validity of the respondent’s expulsion from membership in the Perak Chinese Association by a resolution of its Executive Committee"

  14. The Asia Star [HCSg]

      • File size: 60kb

      • Matter: "To make a man a common carrier he must carry the goods as a public employment; he must carry for all indifferently; he must hold himself out as ready to carry for reward so long as he has room; he must hold himself out as ready to carry for hire, at a reasonable rate, as a business"

  15. Land Executive Committee v Sri Lempah Enterprise Sdn Bhd [FCM]

      • File size: 205kb

      • Matter: "The Committee contended that the words “compliance with such other requirements as the State Authority may think fit” which I have italicized in para (c) of sub-s (5) of s 124 allowed it to make the applicant here accept only a lease in exchange for his title in perpetuity"

Part 6

• Case No.:

  1. Ong v Gaya Filem Bhd [FCM]

     • File size: 32kb

     • Matter: "The decision of the High Court to order specific performance of a contract to sell land was particularly grounded on the finding that the purchasers had complied with the obligation to pay the balance of the purchase price"

  2. The Atlantic Faith [HCSg]

     • File size: 38kb

     • Matter: "plaintiffs issued this writ in rem against the defendants, the owners of the ship the Atlantic Faith and they claim damages from them alleging that such damage was done by the said ship in this collision and arose out of the negligence of the defendants ..."

  3. Chua v McCormack [HCSg]

     • File size: 34kb

     • Matter: "The question for determination by the court is whether under all the circumstances of the present case due cause has been shown for the removal of the liquidator"

  4. J.B. Jeyaretnam v K.Y. Lee [CASg]

     • File size: 44kb

     • Matter: "the Prime Minister contended that the underlined words were defamatory. He said they meant and were understood by Mr Jeyaretnam’s audience to mean that he had procured preferential treatment for his brother and/or his wife to his own and/or their personal financial advantage ..."

  5. H.G. Kwah v PP [HCSg]

     • File size: 21kb

     • Matter: "The prosecution case was that EMI (Singapore) Pte Ltd is the owner of the copyright in a gramophone record entitled ‘Feelings’ being a collection of songs sung by Tracy Huang"

  6. Malayan Armed Forces Co-Op Housing Society Ltd v Nanyang Development (1966) Sdn Bhd [PC]

     • File size: 19kb

     • Matter: "The issue to be determined was concisely and accurately stated by Suffian LP as whether by virtue of cl 8 the appellants should “pay for connecting the water and electricity supply” to the houses they had purchased “up to the lot boundaries only”, that is to say, for connecting from the lot boundaries to the mains, “or should” they “pay also for laying water mains and electricity wires along the roads leading to these houses"

  7. Collector of Land Revenue v South Malaysia Industries Bhd [FCM]

     • File size: 45kb

     • Matter: "Instead of complying with the said order, they however, ... filed a Notice of Motion to declare that the proceedings against them under the provisions of ss 128 and 129 of the National Land Code were misconceived and illegal "

  8. H.Y. Lim v PP [CASg]

     • File size: 51kb

     • Matter: "One contention is that the trial judges failed to recognise that the tests used to support the expert’s report were far from being adequately probative of the presence of diamorphine and still less of the quantity thereof"

  9. The American Astronaut [CASg]

     • File size: 36kb

     • Matter: "We agree with the learned trial judge that ‘the claim of the plaintiffs depended entirely on whether or not on a true construction of the bill of lading the plaintiffs had established that 580 cartons of toilet soap were shipped at New York in the defendants’ ship"

  10. K.L. Luk v A.L. Sim [FCM]

      • File size: 26kb

      • Matter: "an appeal against the decision of the learned judge on the question of slander arising out of a counterclaim"

  11. Hilborne v Law Society of Singapore [PC]

      • File size: 48kb

      • Matter: "A point was sought to be made for the appellant before their Lordships that it had been argued before FA Chua J that the words used were ‘grossly improper’ and contempt of court, and that FA Chua J held that they constituted contempt of court"

  12. The Blue Fruit [CASg]

      • File size: 35kb

      • Matter: "The short point raised by the appellants is that the arrest of the said vessel in Singapore by the respondents after what they had done in Yokohama was vexatious and an abuse of the process of this court"

  13. Joseph P.L. Wong v L.G. Yeoh [HCSg]

      • File size: 34kb

      • Matter: "I am satisfied that it has been proved on the part of the petitioner that he has acquired a domicile of choice in Singapore ... In my view when a petition is presented ... the fact that the respondent wishes to continue with the marriage is not a valid ground for refusing to grant a dissolution of the marriage"

  14. Malayan Plant (Pte) Ltd v Moscow Narodny Bank Ltd [CASg]

      • File size: 29kb

      • Matter: "In our judgment, where a debt is due and owing on which a winding-up petition can properly be founded the onus of persuading a judge not to make the winding-up order is firmly on the debtor company"

  15. Mahan Singh v Malaysia [PC]

      • File size: 42kb

      • Matter: "at the time when the Government put an end to his employment the appellant was a member of one of the services referred to in the Article; (b) that he was given no opportunity of being heard beforehand; and (c) that there is nothing in the Emergency (Essential Powers) Ordinances ... to deprive the appellant of his rights"

Part 7

• Case No.:

  1. Nam Seng Co v Wing Yew (Tawau) Co Sdn Bhd [FCM]

     • File size: 48kb

     • Matter: "an appeal against an order made by the learned judge that the writ of summons and service thereof and all subsequent proceedings against respondent ... to set aside and the action dismissed with costs ... on the ground of illegality"

  2. PP v W.C. Lim [HCM]

     • File size: 67kb

     • Matter: "From the evidence of these witnesses it was quite clear that at about 12.55pm on 13 November 1975 when the CPO and his driver stopped at the traffic lights at the junction of Ashby Road and Fair Park Road two Chinese youths stopped beside them and fired at them at point-blank range with pistols. "

  3. PP v Kedah & Perlis Ferry Service Sdn Bhd [HCM]

     • File size: 40kb

     • Matter: "whether under the charge for knowingly being in possession of uncustomed goods, it is open to the respondent to raise as a defence that they did not know at the material time that the goods in question were dutiable under the Customs Act"

  4. PP v K.C. Ooi [FCM]

     • File size: 28kb

     • Matter: "Article 7(2) of the Constitution ... does not prohibit appeals against acquittal; on the contrary it impliedly allows a court to order the retrial of a person who has been acquitted"

  5. Daiman Development Sdn Bhd v Mathew C.T. Lui [FCM]

     • File size: 46kb

     • Matter: "In our judgment, the pro forma was a firm contract. It identified the parties, it specified the property to be bought and its price"

  6. American Leaf Blending Co Sdn Bhd v DGIR [PC]

     • File size: 30kb

     • Matter: "The Company, however, claim to be entitled under s 43(1)(a) and (2) to set off against these, and any subsequent assessments, the accumulated adjusted loss of $399,303 until it is exhausted"

  7. Lee Wah Bank Ltd v K.L. Ng [FCM]

     • File size: 24kb

     • Matter: "It is settled law that if the dishonour was without reason, the customer had been libelled and was entitled to damages. The question before the court then was whether the relevant dishonour was in excess of the agreed limit of the overdraft"

  8. Syed Omar v Johore [PC]

     • File size: 27kb

     • Matter: "appellants ... contended that the proceedings were null and void as they say their lands were acquired for purposes other than those for which the respondent was empowered by the Act to acquire "

  9. C.P. Teh v PP [PC]

     • File size: 71kb

     • Matter: "The first is the validity of the Security Cases Regulations under the Constitution ...; the second is whether the Security Area Proclamation was still in force on 13 January 1976; the third is the legality under the Constitution of the decision of the Attorney General to prosecute the appellant ..."

  10. W.C. Wong v AG [HCSg]

      • File size: 39kb

      • Matter: "The PWD by letter ... rejected the claimant’s said contention and demanded that the claimant resume work ... The claimant by letter ... reasserted the contention that the PWD was in fundamental breach of the contract and declined to resume work "

  11. H Rubber Estates Bhd v DGIR [FCM]

      • File size: 43kb

      • Matter: "an appeal from a judgment ... dismissing the appellant’s appeal from a decision of the Special Commissioners of Income Tax that the sum of $26,023 paid as redundancy benefits ... to its workers on the disposal of its rubber estate was not deductible from its gross income ..."

  12. C. Chin v Collector of Stamp Duties [FCM]

      • File size: 23kb

      • Matter: "Chia Ah Kow, the fourth-named appellant, is one of twenty-three purchasers in a housing-estate who are all dissatisfied with the adjudication of the Collector of Stamp Duties on the amounts of stamp duties to be paid on the transfers to them of the lands and houses built on them"

  13. H.T. Tan v PP [FCM]

      • File size: 61kb

      • Matter: "The appellant was convicted of the offence of criminal breach of trust, an offence punishable under s 409 of the Penal Code"

  14. K.W. Tan v C.L. Phua [FCM]

      • File size: 42kb

      • Matter: "sought a declaration that the resolution made by defendants purporting at the Special General Meeting to appoint themselves President and Committee Members of the Society was null and void "

  15. Loke Hong Kee (S) Pte Ltd v United Overseas Land Ltd [HCSg]

      • File size: 41kb

      • Matter: "... respondents contend that the supplemental agreement is distinct and separate from the principal agreement with independent provisions that ‘cut across’, ‘replace’ and ‘add to’ the provisions of the principal agreement, and hence the arbitration clause in the principal agreement has no application"

Part 8

• Case No.:

  1. Palaniappa v Lakshamanan [FCM]

     • File size: 64kb

     • Matter: "appeal by the defendant ... from a judgment of Ajaib Singh J whereby it was declared that the land comprising of 40 acres 2 roods 30 poles registered in the name of the defendant is held by him in trust for and on behalf of the joint Hindu family consisting of himself"

  2. Tractors Malaysia Bhd v Kumpulan Pembinaan Malaysia Sdn Bhd [FCM]

     • File size: 29kb

     • Matter: "whether the agreement entered into ... is a hire-purchase agreement ... or an outright sale on instalment terms ..."

  3. Y.C. Woo v Y.H. Yong [FCM]

     • File size: 39kb

     • Matter: "The respondent pursued his request for a set of keys to the front door otherwise he said he would install his own lock. The appellant replied saying he put up the partition because he had been losing stocks from his shop. He accused the respondent of committing breaches of the tenancy agreement"

  4. K.P. Lo v PP [HCB]

     • File size: 37kb

     • Matter: "the prosecution in reciting the facts neither stated that the accused was found at the place mentioned in the charge, nor that accused used for the purpose of fishing a trawl net. What the prosecution said was that the trawler fishing boat belonged to the accused"

  5. Sivaperuman v Heah Seok Yeong Realty Sdn Bhd [FCM]

     • File size: 23kb

     • Matter: "I have earlier pointed out that the interlocutory injunction granted is mandatory in effect and substance and the dismissal of the appellant has been referred to and is pending before the Industrial Court as a trade dispute"

  6. The Dong Moon [HCM]

     • File size: 34kb

     • Matter: "The plaintiffs alleged that the defendants were and are indebted to them in the sum of US$89,951.27 alleged to be for charterhire advances, supply of goods, services and disbursements "

  7. K.C. Wong v PP [CASg]

     • File size: 56kb

     • Matter: "the only point taken by counsel was that on the evidence, the act of the appellant of carrying the heroin from Kuala Lumpur to Singapore did not constitute ‘trafficking’ within the definition of ‘traffic’ as laid down in the Act"

  8. PP v C.S. Tan [FCM]

     • File size: 134kb

     • Matter: "a charge was laid against C.S. Tan in respect of the approval of the lay-out plan and two charges in respect of the approval of the building plans."

  9. Collector of Land Revenue v Noor Chahaya [FCM]

     • File size: 25kb

     • Matter: "appeal by the Collector of Land Revenue, Kuantan from the award made by the High Court pursuant to a reference thereto under the Land Acquisition Act. The learned judge had increased the Collector’s award"

  10. Yong Nyee Fan & Sons Sdn Bhd v Kim Guan & Co Sdn Bhd [FCM]

      • File size: 122kb

      • Matter: "To establish this alleged trust Yap Fook Seng, PW1, one of the founder-directors of Kim Guan & Co, gave evidence of the arrangement referred to in para 6 of the statement of claim"

  11. Chief Assessor of Property Tax v Y.C. Howe [CASg]

      • File size: 65kb

      • Matter: "The present appeal arises out of the Chief Assessor’s proposal to revise upwards the annual value for the year 1973 of a vacant plot of land "

  12. Soon Nam Co Ltd v Archynamics Architects [CASg]

      • File size: 21kb

      • Matter: "The plaintiffs who are a firm of architects and are the respondents in this appeal claimed from the defendants, a firm of property developers, the sum of $152,000 being 1/3 of 8% of the estimated costs of a building project"

  13. C.L. Phua v K.W. Tan [HCM]

      • File size: 25kb

      • Matter: "The defendants ... admitted that the plaintiffs were the legal President and Committee of the Society till 30 October 1977 but said they were illegally continuing to hold the said functions thereafter"

  14. Collector of Land Revenue v Garden City Development Bhd [FCM]

      • File size: 112kb

      • Matter: "The respondents now say that they were misled by the Collector of Land Revenue into making the application ... for conversion. There was no necessity for the conversion to building as their land was not subject to any condition"

  15. PP v A.C. Tan [HCM]

      • File size: 30kb

      • Matter: "The Club had about 800 members of which only four or five per cent indulged in gaming. Tax from gaming was not the only source of revenue but it was a major source of revenue. The Club also had two jack-pot machines "

Part 9

• Case No.:

  1. Tengku Nik Maimunah v Religious and Malay Customs Council of Trengganu [HCM]

     • File size: 82kb

     • Matter: "This case concerns a wakaf created by Tengku Nik Maimunah ... where the plaintiffs claim [the wakaf is void]"

  2. Malaysia National Insurance Sdn Bhd v Abdul Aziz [FCM]

     • File size: 36kb

     • Matter: "The policy of insurance stated that “the company shall not be liable in respect of any accident loss damage or liability caused sustained or incurred whilst the motor vehicle is being driven by any person other than an authorised driver.”"

  3. Union Carbide Singapore Pte Ltd v Comtroller of Income Tax [PC]

     • File size: 25kb

     • Matter: "The appellants have been recognised as an export enterprise and it is not disputed that they have export profits, a part of which by virtue of the Economic Expansion Incentives Act is exempt from tax"

  4. PP v K.S. Lim [FCM]

     • File size: 97kb

     • Matter: "The accused failed to give the required information on grounds of parliamentary privilege stating further that he received the information in the course of his duties as a Member of Parliament."

  5. AG v A.L. Chin [CASg]

     • File size: 42kb

     • Matter: "whether or not the notice to quit contained in the Permanent Secretary’s letter ... was effective to terminate the tenancy "

  6. The Carl Offersen [HCSg]

     • File size: 28kb

     • Matter: "First, that the proper law of the contracts of carriage contained in or evidenced by the bills of lading is Danish law. Second, that all the contracts were subject, in effect, to the Hague Rules. Third, that Denmark, Pakistan, Sri Lanka and Singapore would all apply the Hague Rules"

  7. K.Y. Lee v J.B. Jeyaretnam [HCSg]

     • File size: 71kb

     • Matter: "There is only one issue on liability: Do the words bear the meaning that the plaintiff used his position improperly to procure favours for himself and his family? "

  8. The Lesnoy [HCSg]

     • File size: 29kb

     • Matter: "The plaintiffs’ claim is in respect of damages arising out of a collision between their vessel Vira I and the defendants’ vessel Lesnoy which was caused by the negligence of the defendants"

  9. Skilling v Consolidated Hotels Ltd [CASg]

     • File size: 21kb

     • Matter: "The learned trial judge held that as the appellants were not registered [as professional engineer under the Act] the agreement was illegal and accordingly unenforceable."

  10. Michael Ben Panggi v PP [HCB]

      • File size: 33kb

      • Matter: "it was argued that the appellant had raised questions regarding mis-directions on points of law by the trial magistrate in the lower court, and the appellate court determined that there were such misdirections"

  11. Wei Giap Construction Co Pte Ltd v Intraco Ltd [HCSg]

      • File size: 29kb

      • Matter: "in my judgment abundant evidence that the company is insolvent and I so find. The opposing creditors have failed to show any good reason for their objection to the winding-up order "

  12. H.M. Chan v Superintendent of Pudu Prison [HCM]

      • File size: 50kb

      • Matter: "whether there is a valid treaty between Malaysia and the US for the exchange of or for the extradition of a fugitive criminal under s 3A, and that the provision is unconstitutional "

  13. IAC (Singapore) Pte Ltd v M.W. Koh [HCSg]

      • File size: 21kb

      • Matter: "The sole issue is whether the alleged contract is in law a guarantee, a collateral agreement between the defendant and the plaintiffs to answer for the debt or default of AAC"

  14. Syarikat Chip Seng Trading Sdn Bhd v PP [HCM]

      • File size: 24kb

      • Matter: "They were convicted of applying false trade descriptions to school exercise books in the course of a trade ..."

  15. K.L. Chong v S.H. Yong [FCM]

      • File size: 138kb

      • Matter: "validity of the respondent’s expulsion from membership in the Perak Chinese Association by a resolution of its Executive Committee ... which was confirmed by an Extraordinary General Meeting ..."