Singapore Court Judgments
Showing 10 of 9,503 judgments
WZK v WZJ: Will Revocation Dispute - Validity of December Will Challenged
In the Family Justice Courts of Singapore, Choo Han Teck J heard cross-appeals (DCA 43/2024 and DCA 46/2024) regarding the validity of two wills of the deceased. The first Defendant, WZK, appealed against the trial judge's decision to uphold the May 2017 will, while the Plaintiff, WZJ, appealed against the decision not to remove WZK as the executor. The court dismissed both appeals, finding insufficient evidence to support the validity of the December 2017 will and affirming the trial judge's decision to allow WZK to remain as executor, subject to faithful discharge of her duties.
Fan Lei v Public Prosecutor: Appeal on Sentence for Careless Driving under Road Traffic Act
Fan Lei appealed to the General Division of the High Court of Singapore against the sentence imposed by the District Judge for a charge of careless driving under s 65(1)(b) of the Road Traffic Act. The High Court, presided over by Justice Aidan Xu, heard the appeal on 4 October 2024 and delivered the judgment on 30 October 2024. The primary legal issue was the appropriateness of the imprisonment sentence given the circumstances of the offense. The High Court allowed the appeal, replacing the imprisonment sentence with a fine of $8,000, while maintaining the disqualification and prohibition period.
Founder Group v Singapore Commodities: Winding Up Stay & Payment Out Order Dispute
In the General Division of the High Court of Singapore, Founder Group (Hong Kong) Ltd (in liquidation) sought a winding-up order against Singapore Commodities Group Co, Pte Ltd, based on an unpaid debt of US$14.12m. The defendant denied the debt and initiated arbitration. The winding-up application was stayed pending arbitration, with the defendant paying the debt amount into court. After the arbitration concluded without a definitive finding on the debt's existence, the claimant applied for the money to be paid out. The court granted the Payment Out Order because the defendant failed in the arbitration and allowed the claimant to withdraw the winding-up application, ordering the defendant to pay $85,000 in costs.
Public Prosecutor v Xu Yuanchen: Default Imprisonment Term and Appeal
In Public Prosecutor v Xu Yuanchen, the Singapore Court of Appeal addressed a criminal reference regarding whether an imprisonment term already served could satisfy a fine imposed on appeal. The High Court had previously substituted a jail sentence with a fine for Xu Yuanchen's criminal defamation conviction. The Court of Appeal, comprising Sundaresh Menon CJ, Tay Yong Kwang JCA, and Andrew Phang Boon Leong SJ, answered the question in the negative, holding that the appellate court should decline to interfere with the original sentence if it has already been served. The Court set aside the fine and dismissed the respondent's appeal against sentence.
WTP v WTQ: Appeal for Variation of Maintenance Order Dismissed Due to Insufficient Evidence of Changed Circumstances
In WTP v WTQ, before the General Division of the High Court (Family Division) of Singapore, the appellant, WTP, appealed against the dismissal of his application to vary a maintenance order to his former wife, WTQ. The court, led by Choo Han Teck J, dismissed the appeal, holding that WTP failed to provide sufficient evidence of a material change in his financial circumstances to warrant a variation of the order. The court emphasized that WTP remains responsible for the monthly maintenance payments and any accumulated arrears.
Asiana Airlines v Gate Gourmet: Anti-Suit Injunctions & Arbitration Agreements
Asiana Airlines appealed against the decision of the Singapore International Commercial Court to grant anti-suit injunctions restraining Asiana from continuing court proceedings in South Korea against Gate Gourmet Korea Co, Ltd, Gate Gourmet Switzerland GmbH, Christoph Schmitz, and Xavier Rossinyol Espel. The injunctions were granted on the basis that arbitration agreements between some of the parties would be breached. The Court of Appeal allowed the appeal in part, setting aside the anti-suit injunction against the directors in the Korean Compensation Proceedings, but upheld the injunctions for the Korean CA Proceedings and the claims against Gate Gourmet Switzerland GmbH in the Korean Compensation Proceedings.
Kim Dang Dang Pte Ltd v RegalRare Gem Museum Pte Ltd: Termination of Winding Up under IRDA
Kim Dang Dang Pte Ltd, a shareholder of RegalRare Gem Museum Pte Ltd (in liquidation), applied to the General Division of the High Court to terminate the winding up of RegalRare. The winding-up order was initially made on 7 August 2024. Goh Yihan J granted the application on 24 October 2024, citing the protection of creditors' interests, the liquidator's expenses being provided for, shareholders' undertakings to support financial obligations, and the absence of any adverse impact on commercial morality or public interest.
Re Mohamad Shafee Khamis: Admission to the Bar, Sexual Offences, Public Trust
In the matter of Mohamad Shafee Khamis, the Chief Justice of Singapore considered an application for admission as an Advocate and Solicitor. The Attorney-General, Law Society of Singapore, and Singapore Institute of Legal Education objected due to the applicant's prior convictions for sexual offences. The applicant applied to withdraw his application, and the court granted leave to withdraw with a Minimum Exclusionary Period of two years, balancing the applicant's rehabilitation with the need to maintain public trust in the legal profession.
Jhaveri v Salgaocar: Application to Dismiss Suit Based on Prior Judgment
Darsan Jitendra Jhaveri and P.D. Holdings Limited were plaintiffs in two suits against Lakshmi Anil Salgaocar, as administratrix of the estate of Anil Vassudeva Salgaocar, and Million Dragon Wealth Limited and Winter Meadow Capital Inc, respectively. The defendants applied to the General Division of the High Court to have the suits dismissed based on a prior judgment in HC/S 821/2015, arguing that the plaintiffs' causes of action had merged into that judgment. Justice Goh Yihan dismissed the applications, finding no basis to deem the suits dismissed as of 17 April 2024.
DKB v. DKC: Enforcement of Foreign Award and Stay Application under International Arbitration Act
In the Singapore International Commercial Court, DKB, as assignee of a foreign award, sought to enforce it against DKC. DKC applied for a stay of proceedings under Section 6 of the International Arbitration Act, arguing that a dispute under a Settlement Deed required arbitration. DKB sought leave to have counsel make submissions on English law, which was opposed by DKC. The court dismissed DKB's application, determining that having already allowed expert evidence on the matter, it was inappropriate to order an alternative approach with potential cost and disruption to DKC.