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FEATURED CASES

 

Part 1

  • Case No. 

    1. PP v Mohammed Ali [HCSg]

      • File size: 116kb

      • Matter: "this case attracted considerable public attention. A little girl, who had been reported missing and was the subject of a well-publicised search, was eventually found naked and dead in a recessed chamber under a flyover"

    2. PP v Sangkar Ratnam [HCM]

      • File size: 60kb

      • Matter: "in this case, the provisions of the Child Act 2001 are relevant as Sangkar was below the age of 18 years at the time of commission of the offence."

    3. PP v H.W. Wong [HCM]

      • File size: 28kb

      • Matter: "The three charges preferred against the accused are in relation to the employment ... in the accused’s factory ... of three male Indonesian citizens ... when they  were not in possession of valid passes, contrary to and punishable under s 55B(1) of the Immigration Act ..."

    4. Danaharta Urus Sdn Bhd v KP Manufacturing Sdn Bhd [HCM]

      • File size: 25kb

      • Matter: "The main issue for my determination is whether the provisions of the Danaharta Act overrides the limitation statute and thereby preclude defence of limitation to the defendants."

    5. IEV International Pty Ltd v Sadacharamani [HCM]

      • File size: 72kb

      • Matter: "The plaintiff’s products or devices have been in use since 1988, ... and as such the claims of the defendant in his patents which were only filed in 1993 were anticipated by prior use as well as by written publications ..."

    6. PP v Wan Khairil [HCM]

      • File size: 73kb

      • Matter: "Neither ‘reckless driving’ nor ‘driving at a speed dangerous to the public’ nor ‘driving in a manner dangerous to the public’ has been defined by Parliament. It has therefore been left to the courts to determine in any particular case ..."

    7. Ummi Hafilda v Islamic Party of Malaysia (PAS) [HCM]

      • File size: 59kb

      • Matter: "that by reason of the publication of the said defamatory article, the Plaintiff has in consequence been seriously injured in her character, credit and reputation and ..."

    8. Amanresorts Ltd v Novelty Pte Ltd [HCSg]

      • File size: 103kb

      • Matter: "I held that there was passing-off but I was not satisfied that there was a fraudulent intention to deceive. I also held that the plaintiffs’ trademarks were well known trademarks and that the plaintiffs were entitled to an injunction."

    9. AG v K.B. Tee [HCSg]

      • File size: 175kb

      • Matter: "an application by the Attorney-General for an order against the defendant pursuant to s 74(1) [Supreme Court of Judicature Act (Cap 322)] to restrain Tee from instituting legal proceedings without the leave of the High Court."

    10. Koon Seng Construction Pte Ltd v Chenab Contractor Pte Ltd [HCSg]

      • File size: 138kb

      • Matter: "a claim in contract or in tort may be defeated on the ground of illegality or, ex turpi causa non oritur actio."

    11. PP v Mohammed Liton [HCSg]

      • File size: 233kb

      • Matter: "The complainant also revealed for the first time in cross-examination that she had consensual sex with the respondent after the two incidents of rape and the two incidents of sodomy ... [S]he thought that if she gave him sexual intercourse willingly, he would let her go."

    12. PP v Able Wang [HCSg]

      • File size: 171kb

      • Matter: "Since a disclosure-based environment ultimately requires adequate corporate disclosure in order for investors to judge the merits of any securities transactions for themselves, the vast pool of information available in the market must be effectively policed."

    13. S.L. Ng v Bernard [HCSg]

      • File size: 180kb

      • Matter: "A recurrent problem in the interpretation of statutes is that such legislation often dictates what requires to be done without also spelling out the consequence of non-compliance."

    14. Ng v Looi [HCS'pore]

      • File size: 35kb

      • Matter: "The bar to recovery of both damages and compensation is in relation to an “injury for which compensation is payable” under the [Workmen’s Compensation Act]. The question then is whether the injury the subject of this suit is one for which compensation is payable under the Act."

    15. PP v L.Y. Goh [HCSg]

      • File size: k189b

      • Matter: "Advances in medical science have made the validation and accurate diagnosis of more psychiatric disorders practicable and more reliable. This has brought into sharper focus, the extent, if at all, a psychiatric disorder can be relevant in sentencing an offender."


Part 2

  • Case No.:

    1. Sanbos (Malaysia) Sdn Bhd v Tiong Mak Liquor Trading (M) Sdn Bhd [HCM]

      • File size: 104kb

      • Matter: "application against the Defendant for, inter alia, an injunction for infringement of trade mark and passing off"

    2. Randy K.H. Chan v PP [HCSg]

      • File size: 73kb

      • Matter: "What is the mitigating effect, if any, of an inordinate delay between the commencement of investigations and the eventual prosecution and sentencing of an accused?"

    3. Zaitun Marketing Sdn Bhd v Boustead Eldred Sdn Bhd [HCM]

      • File size: 52kb

      • Matter: "an inter parte application by the official receiver and liquidator/plaintiff company for a Mareva injunction against the defendant company to restrain the defendant from transferring its assets to any third party."

    4. Econ Piling Pte Ltd v NCC International AB [HCSg]

      • File size: 121kb

      • Matter: "The main issue in dispute before me is whether Econ and NCC entered into a partnership, and if so, then whether they subsequently agreed to dissolve the partnership"

    5. Mohd Shuaib Ishak v Celcom (Malaysia) Bhd [HCM]

      • File size: 110kb

      • Matter: "Plaintiff served on the named Celcom Directors, Notices pursuant to section 181B(2) of the Companies Act 1965, notifying the named Celcom Directors that the Plaintiff intended to make an application to bring an action on behalf of Celcom against the proposed Defendants"

    6. Law Society of Singapore v Rasif [HCSg]

      • File size: 105kb

      • Matter: "This is one of the most publicised disciplinary cases in recent years, not only because of the amount of money misappropriated by the lawyer concerned, but also because of the systematic as well as brazen manner in which the misappropriation was effected"

    7. Khatijah Abdullah v PRB Sdn Bhd [HCM]

      • File size: 36kb

      • Matter: "Plaintiff claimed that the transfer of her ... share of land ... to the 1st Defendant was obtained by fraud, and consequently sought an order to cancel the title of the 2nd Defendant, obtained by way of transfer from the 1st Defendant, to the said land"

    8. Odex Pte Ltd v Pacific Internet Ltd [HCSg]

      • File size: 111kb

      • Matter: "According to Odex, the IPRB declined its request but advised Odex to carry out criminal enforcement through co-operative enforcement action – meaning that Odex had to gather evidence itself, apply for pre-action discovery, apply for search warrants and apply for a fiat from the Attorney-General and institute prosecution privately"

    9. Consitex SA v TCL Marketing Sdn Bhd [HCM]

      • File size: 105kb

      • Matter: "The plaintiff's trade marks and trade names are "Ermenegildo Zegna" and "Zegna" whilst the defendant's trade mark and trade name in "Emmer Zecna"."

    10. PT Tenar Indoam Oil Services v Third Wave Group Ltd [HCSg]

      • File size: 109kb

      • Matter: "In 2004, long after the termination of the principal-agency relationship ..., the plaintiff instructed solicitors to write to the defendant alleging, inter alia, short payment of commission"

    11. The Chinese Calligraphy Society of Singapore v S.K. Khoo [HCSg]

      • File size: 32kb

      • Matter: "The plaintiff also seeks a mandatory injunction to compel the defendant and his agents to ... terminate the registration of the sole proprietorship known as “Singapore Calligraphy Centre” or to change it to another name which is not identical with or confusingly similar to the names in issue"

    12. PP v Barokah [HCSg]

      • File size: 89kb

      • Matter: "The defence submitted that life imprisonment in this case would be manifestly excessive and unjust and noted that the prosecution was not specifically asking for that to be imposed."

    13. Mazita Khir Johari v Hamdan Rasul [HCM]

      • File size: 23kb

      • Matter: "The plaintiff and defendant were once husband and wife. They are now divorced ... [The] Syariah Court of Kuala Lumpur made the following consent order in respect of the matrimonial home"

    14. PP v Able Z.Y. Wang [HCSg]

      • File size: 65kb

      • Matter: "The respondent was charged under ... the Securities and Futures Act [s.199] with disseminating information that was false in material particulars on an online forum at shareinvestor.com, without caring whether this information was true"

    15. Muhamat Yassin v PP [HCSS]

      • File size: 63kb

      • Matter: "The fresh abrasion together with the tears in the hymen in my view provides ample corroboration that the appellant had sex with the victim within the 72 hours range, which confirms the act of the appellant in the charge"


Part 3

  • Case No.:

    1. Tektrix Sdn Bhd v Malaya Banking Bhd [HCM]

      • File size: 34kb

      • Matter: "By a legal notice ... addressed to the 1st defendant, the plaintiff demanded that the 1st defendant settle the outstanding arrears ... within 7 days failing which the Hire Purchase Agreement would be terminated"

    2. K.K. Ser v W.M. Fulton [HCSg]

      • File size: 47kb

      • Matter: "The stand taken by the defendants was that these documents were privileged or did not fall within the orders for discovery that had been made against them"

    3. Bato Bagi v Sarawak [HCSS]

      • File size: 86kb

      • Matter: "[plaintiffs] aver that the extinguishment of the plaintiffs' native customary rights over the said lands by the Land Direction (Extinguishment of Native Customary Rights) (Kawasan Kebanjiran Bakun II) (No. 26) 1997 is void"

    4. Sin Yong Contractor Pte Ltd v United Engieers (Singapore) Pte Ltd [HCSg]

      • File size: 76kb

      • Matter: "What distinguished this case from other run of the mill cases in construction contracts is that secret payments had been made by Sin Yong to an agent of UE for more than ten years"

    5. EPF Board v Shaharudin Omar [HCM]

      • File size: 28kb

      • Matter: "the Employees Provident Fund Board, has commenced this writ action against the defendants, who at the material time were directors of a company ..., to recover unpaid EPF contributions in respect of the employees of the company"

    6. Virtual Map (Singapore) Pte Ltd v Singapore Land Authority [HCSg]

      • File size: 82kb

      • Matter: "The appellant, ..., appealed against the decision of District Judge ... that it had infringed the copyright of the respondent, Singapore Land Authority, with respect to SLA’s street directory data in vector format"

    7. Suncast Sdn Bhd v Padang Indah Sdn Bhd [HCM]

      • File size: 44kb

      • Matter: "in my judgment in the present case the receiver and manager could act and exercise the power under the debenture vis-à-vis the power of attorney to sell the said land without taking proceedings under the [Land] Code to obtain a judicial sale"

    8. Y. Tetsuo v See Hup Seng Ltd [HCSg]

      • File size: 86kb

      • Matter: "The crucial issue before the court was how much of the outstanding SHSH Convertible Loan which was not converted to shares would have to be repaid in cash on the repayment date"

    9. Kejutan Holdings Sdn Bhd v Magnum 4D (Perak) Sdn Bhd [HCM]

      • File size: 59kb

      • Matter: "8th and 9th respondents' application for an order, inter alia, that the 8th and 9th respondents respectively cease to be parties to these proceedings and that their names be struck off the petition"

    10. V.V. v V.W. [HCSg]

      • File size: 99kb

      • Matter: "The Costs Award is in conflict with the public policy of Singapore in that it awards the defendant a quantum of costs that is wholly disproportionate to the amount at stake in the arbitration i.e. it offends against the principle of proportionality."

    11. Nasioncom Holdings Bhd v Securities Commission [HCM]

      • File size: 38kb

      • Matter: "As to the proper exercise of this discretion, the court would need to consider whether there are special circumstances which warrant a stay of the proceedings"

    12. DBS Bank Ltd v Carrier Singapore (Pte) Ltd [HCSg]

      • File size: 130kb

      • Matter: "an action framed in deceit and, alternatively, in negligence brought by DBS Bank Ltd against Carrier Singapore (Pte) Ltd arising out of a representation made by Carrier in a Delivery Order ..."

    13. Raja Segaran v Malaysian Bar [HCM]

      • File size: 113kb

      • Matter: "action in the present case is directed at preventing an extraordinary general meeting of the Malaysian Bar from being convened ... to discuss, ... certain proposed resolutions, ... to investigate into the conduct of the then Chief Justice Eusoff Chin"

    14. Dongwoo Mann+Hummel Co Ltd v Mann+Hammel GmbH [HCSg]

      • File size: 219kb

      • Matter: "Of particular relevance to the present action was the [arbitration] tribunal’s rulings on discovery and document production."

    15. S.F. Yong v Sharifah Mohd Tamin [HCM]

      • File size: 98kb

      • Matter: "This action was premised on the applicants' claim that they were the proprietors of the TAMIN mark in relation to syrups and cordials"


[.... END OF 2008 ....]

 

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