Selected Reported Cases

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) 

 

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