The Firm is frequently instructed to act in a broad spectrum of matters commenced at all levels of the Singapore courts including the Singapore International Commercial Court (SICC).
We set out here a list of selected reported decisions of cases that the firm has been involved in together with the areas of law considered in each case.
Pun Kwan Lum (David) v AboutU Pte Ltd and another – [2023] SGDC 265 | Contract – Breach – Sale and purchase of digital tokens – Blockchain network failed to launch – Whether purchase monies refundable
Contract – Misrepresentation – Statements of fact and statements of intention – No representation and non-reliance clause – Whether liability for misrepresentation excluded by contract – Section 3 of Misrepresentation Act – Whether exclusion clause reasonable
Restitution – Unjust enrichment – Blockchain network failed to launch – Whether there is total failure of consideration – Whether change of position defence made out |
Public Prosecutor v Chia Gim Boo – [2023] SGMC 79 | Criminal Law – Penal Code – Outrage of Modesty
Criminal Procedure and Sentencing |
Wee Peng Huay v Wong Shee Ying @ Leslie Wong Sze Ying – [2023] SGDC 193 | Civil Procedure – Judgments and orders – Judgment in default of defence – Setting aside – Whether judgment was irregularly obtained if statement of claim does not disclose reasonable cause of action
Contract – Intention to create legal relations
Contract – Compromise – Whether forbearance to sue on invalid claim amounts to consideration |
Public Prosecutor v Wong Poon Kay – [2023] SGDC 187 | Criminal Law – Offences – Penal Code
Criminal Law – Statutory offences – Companies Act
Criminal Procedure and Sentencing – Sentencing |
WOS v WOT [2023] SGHCF 36 | Family Law – Matrimonial assets – Division – Operative date for determining matrimonial assets – Husband leaving matrimonial home not a conclusive factor pointing to the end of marriage contract which justifies an earlier operative date
Family Law – Maintenance – Wife – Assets received from division sufficient to provide for Wife
Family Law – Maintenance – Child – Tertiary education overseas |
ByBit Fintech Ltd v Ho Kai Xin and others – [2023] SGHC 199 | Civil Procedure – Summary judgment
Trusts – Constructive trusts – Institutional constructive trust and remedial constructive trust
Trusts – Constructive trusts – Trust over cryptocurrency
Choses in Action – Legal requirements – Whether cryptocurrency is a chose in action |
Hon G v Tan Pei Li – [2023] SGHC 193 | Civil Procedure – Appeals – Leave |
Cova Group Holdings Ltd v Advanced Submarine Networks Pte Ltd and another – [2023] SGHC 178 | Civil Procedure – Costs – Security |
Chubb Insurance Singapore Ltd v Sizer Metals Pte Ltd – [2023] 1 SLR 1553 | Evidence – Proof of evidence – Onus of proof – Respondent discharging legal burden of proof that thefts occurred during period of insurance – Whether insured prima facie discharged legal burden of proof showing thefts occurred during period of insurance cover – Whether insurer discharged evidential burden of proof showing thefts occurred before period of insurance cover
Insurance – Marine insurance – Thefts occurring to shipments of tin concentrate – Whether insurer liable to indemnify insured for loss of four shipments – Whether thefts of shipments occurred during period of insurance cover |
Annus, Kristin v Annus, Jekaterina and others – [2023] SGHC 110 | Injunctions – Interim injunction – Plaintiff’s undertaking as to damages – Whether undertaking ought to be enforced |
Tanoto Sau Ian v USP Group Ltd and another matter
[2023] SGHC 106 |
Companies – Members – Meetings – Beneficial shareholders seeking to requisition an extraordinary general meeting – Whether estoppel or the extended doctrine of res judicata can override the requirement that only members can requisition an extraordinary general meeting – Section 176(1) Companies Act 1967 (2020 Rev Ed)
Companies – Statutory derivative action – Bringing statutory derivative action for permanent injunction with no good legal basis and with no credible evidence – Whether proposed action was prima facie in interests of company – Section 216A(3)(c) Companies Act 1967 (2020 Rev Ed)
Companies – Statutory derivative action – Bringing statutory derivative action for permanent injunction with no good legal basis and with no credible evidence – Whether applicant honestly or reasonably believed that a good action exists – Section 216A(3)(b) Companies Act 1967 (2020 Rev Ed) |
Hon G v Tan Pei Li – [2023] SGMC 21 | Civil Procedure – Appeals – Leave |
3N Investments Group Ltd and another v Lim Boon Chye Victor and others – [2023] SGHC 76 | Contract – Breach
Damages – Compensation and damages
Damages – Remoteness
Damages – Mitigation – Contract |
Public Prosecutor v Dinesh s/o Rajantheran – [2023] SGDC 39 | Criminal Law – Penal Code – Section 204B(1)(b) r/w section 109 – Abetment of bribery of a witness |
Dialectic PR LLC and another v Brilliante Resources International and another – [2023] SGHC 39 | Contract – Breach
Companies – Incorporation of companies – Lifting corporate veil
Tort – Inducement of breach of contract |
Fang Yiqiang and others v Goh Siong Heng Benson – [2023] SGDC 11 | Tort – Defamation |
Travel 360 Pte Ltd v Shalom Israel (Asia-Pacific) Ltd and another appeal – [2022] SGDC 262 | Civil Procedure – Discovery of documents – Affidavits |
Re Hodlnault Pte Ltd – [2023] 4 SLR 862 | Insolvency Law – Administration of insolvent estates – Judicial management – Interim judicial management – Application for appointment of interim judicial manager – Whether interim judicial management order was to be made
Insolvency Law – Administration of insolvent estates – Judicial management – Interim judicial management – Competing nominations for appointment of interim judicial manager – Whether interim judicial manager nominated by applicant company or creditors of company should be appointed |
Ravindran s/o Kumarasamy v Public Prosecutor – [2023] 3 SLR 1343 | Criminal Procedure and Sentencing – Sentencing – Persistent offenders – Offender pleading guilty to offences of voluntarily causing grievous hurt and voluntarily causing hurt to public servant – Whether sentence of ten years’ preventive detention appropriate |
Wong Leng Si Rachel v Olivia Wu Su Han – [2023] SLR(StC) 375 | Contempt of Court – Civil contempt – Defendant failing to exchange affidavits of evidence-in-chief (“AEICs”) in breach of timelines stated in order of court – Defendant seeking to hold timelines to exchange AEICs in abeyance pending application for specific discovery – Whether defendant’s failure to exchange AEICs in breach of court order amounted to contempt of court – Section 4(1) Administration of Justice (Protection) Act 2016 (2020 Rev Ed) |
Wong Leng Si Rachel v Wu Su Han Olivia – [2022] SGHC 151 | Civil Procedure – Discovery – Specific Discovery |
Elias Xanthopoulos v Rotating Offshore Solutions Pte Ltd and others – [2022] SGHC(A) 17 | Civil Procedure – Appeals
Contract – Contractual terms – Express terms
Contract – Remedies – Damages |
Simran Bedi v Montgomery, Mark A – [2022] SGHC 67 | Contract – Breach – Repudiatory breach
Contract – Contractual terms – Implied terms
Contract – Remedies – Damages
Restitution – Failure of consideration – Total failure of consideration
Restitution – Change of position |
Sizer Metals Pte Ltd v Chubb Insurance Singapore Ltd – [2023] 4 SLR 327 | Insurance – General principles – Claims – Metals trading company claiming for value of stolen shipments from insurance company – Whether metals trading company discharged burden of proving thefts took place during period covered by insurance policy
Insurance – Property insurance – Theft and fraud – Metals trading company claiming for value of stolen shipments from insurance company – Whether thefts of tin concentrate covered by insurance policy |
The “Sevilla Knutsen” – [2022] 4 SLR 1423 | Admiralty and Shipping – Action in rem – Claim on reference – Vessel colliding into and damaging coral reef – Extent of damage caused to coral reef
Damages – Measure of damages – Tort – Vessel colliding into and damaging coral reef – Assessing value of damaged coral reef
Damages – Rules in awarding – Proof of actual damage – Vessel colliding and damaging coral reef – Burden of proof to establish area of damage caused to coral reef |
Sng Jing Xiang Benjamin t/a Blink! Events & Entertainment v Xie Shun Heng and others and another suit – [2021] SGDC 248 | Partnership Act (Cap 391, 1994 Rev Ed) s 1, s 1(1), s 2, s 2(3)
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Xanthopoulos, Elias v Rotating Offshore Solutions Pte Ltd and others
[2021] SGHC 197 |
Contract – Contractual terms – Admissibility of evidence
Contract – Contractual terms – Express terms
Contract – Contractual terms – Parol evidence rule
Contract – Contractual terms – Rules of construction
Contract – Formation
Contract – Mistake – Mistake of fact
Equity – Remedies – Rectification
Restitution – Unjust enrichment
Companies – Oppression – Minority shareholders |
Re Sifan Triyono – [2021] 4 SLR 656 | Civil Procedure – Appeals – Interlocutory appeals – Appellant seeking leave to adduce evidence before hearing of appeal – Whether conditions in Ladd v Marshall [1954] 1 WLR 1489 had to be satisfied for leave to be granted – Principles governing applications for leave to adduce evidence in interlocutory appeals
Insolvency Law – Bankruptcy – Interim order – Appellant proposing voluntary arrangement – Appellant seeking interim order under s 279(2) Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) – Whether appropriate for court to make interim order – Whether appellant’s proposal for voluntary arrangement serious and viable – Principles governing granting of interim order – Section 279(2) Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) |
Gokul Patnaik v Nine Rivers Capital Ltd – [2021] 3 SLR 22 | Arbitration – Award – Recourse against award – Setting aside – Arbitral award contemplating performance of contract which allegedly breached foreign law – Whether arbitral award in conflict with public policy of Singapore because it allegedly breached international comity to affirm arbitral award that contemplated performance of contract which was illegal under foreign law – Article 34(2)(b)(ii) UNCITRAL Model Law on International Commercial Arbitration
Arbitration – Award – Recourse against award – Setting aside – Arbitral award granting relief under different agreement from the agreement containing arbitration agreement – Whether arbitral award could be set aside because it contained decisions on matters beyond scope of submissions to arbitration – Article 34(2)(a)(iii) UNCITRAL Model Law on International Commercial Arbitration
Arbitration – Award – Recourse against award – Setting aside – Arbitrator disallowing arbitration applicant’s application to amend pleadings at start of arbitration – Whether breach of rules of natural justice occurred in connection with making of arbitral award – Section 24(b) International Arbitration Act (Cap 143A, 2002 Rev Ed)
Civil Procedure – Affidavits – Whether new affidavit providing expert opinion on foreign law should be struck out |
Michael Ma Zhen Hu v Florentine Pte Ltd – [2019] SGDC 272 | Landlord Tenancy Agreement – Breach – Renovation without consent – change of business – Waiver – Acceptance of rent – right of forfeiture |
Public Prosecutor v Wah Zhee Ron, Johann – [2019] SGMC 36 | Penal Code (Cap 224, 2008 Rev Ed) s 337(b), s 338(b) |
The “Nur Allya” – [2018] SGHCR 12 | Civil Procedure – Extension of Validity of Writ – Settlement Negotiations |
AYZ Pte Ltd v AZA Pte Ltd – [2018] SCAdjR 304 | Payment claim – Variation works – Proving variations – Criteria required in order to successfully make claim for variation works |
C & P Lighting Co, Ltd v Cityneon Holdings Limited and another – [2018] SGDC 61 | Civil Law Act (Cap 43, 1999 Rev Ed) s 6(b)
Companies Act (Cap 50, 2006 Rev Ed) s 216 |
Ezion Holdings Ltd v Credit Suisse AG – [2018] 3 SLR 356 | Civil Procedure – Striking out – Party seeking to strike out pleadings for being frivolous and vexatious – Whether plea of malice factually unsustainable and amenable to be struck out for being frivolous and vexatious – Order 18 r 19(1)(b) Rules of Court (Cap 322, R 5, 2014 Rev Ed)
Civil Procedure – Striking out – Party seeking to strike out pleadings for embarrassing or delaying fair trial of action – Whether facts pleaded sufficient to support plea of malice – Order 18 r 19(1)(c) Rules of Court (Cap 322, R 5, 2014 Rev Ed)
Tort – Defamation – Malice – Lack of honest belief – Defendant publishing analyst report on litigation involving plaintiff – Whether publications made with reckless indifference as to truth or falsity of statements therein |
Teras Offshore Pte Ltd v Teras Cargo Transport (America) LLC – [2017] 4 SLR 38 | Contract – Breach – Non-payment – Defendant subcontracted work to plaintiff – Plaintiff claimed reimbursement of sums advanced to defendant and recovery of back-charges for work done and services provided – Whether plaintiff entitled to recover debt or damages
Contract – Contractual terms – Scope of work – Whether plaintiff’s claims for back-charges were related to work and services that fell within existing contractual scope of work
Contract – Contractual terms – Whether clause was “pay when paid” or “pay if paid” clause – Whether burden was on plaintiff or defendant to show that defendant had not received payment from main contractor, and whether burden was discharged on the facts – Whether defendant complied with implied undertaking to pursue all means available to obtain payment from main contractor |