Commentaries by SLW

SHC sets aside arbitration award upholding agreement directed towards stifling criminal proceedings

Legal Update, Drew & Napier LLC, July, 2010 — Wed, 28 Jul 2010 16:00:00 GMT

The SHC ruled in AJT v AJU [2010] SGHC 201 that an aribitration award which upheld an agreement directed towards the stifling of criminal proceedings in respect of a non-compoundable offence, should be set aside as the agreement was illegal. To hold otherwise would contravene public policy and breach international comity.

Public policy arguments and Mareva injunction in proceedings for the enforcement of foreign arbitration awards

CNP Update, Colin Ng & Partners, Jul, 2010 — Sun, 25 Jul 2010 16:00:00 GMT

The SHC in Strandore Invest A/S and others v Soh Kim Wat [2010] SGHC 151 reiterated the rule that courts have very limited powers of review over such arbitration awards.

Honest concurrent use under Hong Kong and Singapore trade mark law

CNP Update, Colin Ng & Partners, Jul, 2010 — Sun, 25 Jul 2010 16:00:00 GMT

This article highlights the concept of “honest concurrent use” by analysing a judgment passed by the Court in Hong Kong and examining the corresponding position under Singapore law.

SCA holds co-owners must act together in collective sales

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Sun, 11 Jul 2010 16:00:00 GMT

The Singapore Court of Appeal in Goh Teh Lee v Lim Li Pheng Maria [2010] SGCA 18 looked at the differences between joint tenants and tenants in common in the context of a collective sale.

SHC holds contract avoided due to common mistake about fundamental and essential point

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Thu, 08 Jul 2010 16:00:00 GMT

The Singapore High Court in Norwest Holdings Pte Ltd (in Liquidation) v Newport Mining Ltd [2010] SGHC 144 found that a common mistake as to a fundamental and essential point of the contract voided it. ...

SCA holds sole director of company personally liable for costs

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Wed, 07 Jul 2010 16:00:00 GMT

The Singapore Court of Appeal in DB Trustees (Hong Kong) Ltd v Consult Asia Pte Ltd [2010] SGCA 21 held that the sole director of the defendant was to jointly and severally bear the costs of the appeals with the company. ...

SHC declines leave to bring common law derivation action

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Wed, 07 Jul 2010 16:00:00 GMT

The Singapore High Court in Sinwa SS (HK) Co Ltd v Morten Innhaug [2010] SGHC 157 considered the procedural and substantive issues in relation to bringing a common law derivative action in Singapore on behalf of a non-Singaporean company against a director of the company for breach of the director's fiduciary duties. ...

SHC: Examining the opt-in nature of the electronic discovery practice direction

Law News, Rajah & Tann LLP, Jun, 2010 — Wed, 23 Jun 2010 16:00:00 GMT

Practice Direction No 3 of 2009 deals with the adoption of electronic discovery and inspection. The SHC case of Deutsche Bank AG v Chang Tse Wen [2010] SGHC 125 clarified the function and application of this Practice Direction. ...

SHC found former CFO liable to pay civil penalty to MAS for insider trading

Legal Update, Drew & Napier LLC, Jun, 2010 — Tue, 15 Jun 2010 16:00:00 GMT

The SHC in Monetary Authority of Singapore v Lew Chee Fai Kevin [2010] SGHC 166 found a former senior executive of a public listed company liable to pay a civil penalty to the MAS for contravening the insider trading provisions under the Securities and Futures Act. ...

SCA finds easement abandoned and no longer subsisting under s 46(1) of Land Titles Act

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Sun, 13 Jun 2010 16:00:00 GMT

The SCA in Lian Kok Hong v Lee Choi Kheong & Ors [2010] SGCA 19 held that a long acquiescence by the successive owners of a plot of land to the right of way over a neighbouring strip being fenced off, amounted to acquiescence to the right of way being rendered unusable and constituted a conscious act of abandonment.

SHC considers insurance claims by main contractor in relation to injury of workman employed by sub-contractor

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Wed, 09 Jun 2010 16:00:00 GMT

The SHC in Mohammed Shahid Late Mahabubur Rahman v Lim Keenly Builders Pte Ltd [2010] SGHC 142 dealt with a dispute which brought to light the adequacy of insurance policies arranged by main contractors to purportedly cover all situations arising from injuries to workmen employed for a construction project. ...

SHC analyses scope of principle that release of joint debtor releases all other joint debtors

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Tue, 08 Jun 2010 16:00:00 GMT

The SHC in the case of Econ Piling Pte Ltd & Anor v Sambo E&C Pte Ltd and another matter [2010] SGHC 120 considered the issue whether the joint liability of Company A as a partner of Company B in a joint venture partnership was released as a result of an arrangement which released the debts and liabilities of Company B.

SHC holds resolution approving bonus entitlements invalid where director not acting in best interest of company

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Tue, 08 Jun 2010 16:00:00 GMT

The SHC in Tan Hup Thye v Refco (Singapore) Pte Ltd (in members' voluntary liquidation) [2010] SGHC 149 held that the plaintiff was not entitled to bonus payments, whether by virtue of a directors' resolution to make such payments procured by the plaintiff, or via a contractual right of employment.

SHC sets aside arbitral award on ground of breach of natural justice

Law News, Rajah & Tann LLP, May, 2010 — Thu, 03 Jun 2010 16:00:00 GMT

The Singapore High Court, in Front Row Investment Holdings (Singapore) Pte Ltd v Daimler South East Asia Pte Ltd [2010] SGHC 80, set aside an arbitral award on the ground that the arbitrator had committed a breach of natural justice for disregarding a party's submissions.

SCA invalidates removal of director due to non-compliance with company's articles of association

Legal Bulletin, Allen & Gledhill LLP, April, 2010 — Wed, 12 May 2010 16:00:00 GMT

The SCA in Thio Keng Poon v Thio Syn Pyn & Ors [2010] SGCA 16 held that non-compliance with a requirement in a company's articles of association to make a request to a director to vacate his office before removing him as a director was a substantive irregularity that had invalidated the removal of the director.

SHC holds customer disagreeing with terms of bank's letter should raise objection and not keep silent

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Wed, 12 May 2010 16:00:00 GMT

The SHC in Giuffrida Luigi v Julius Baer (Singapore) Ltd (in members' voluntary liquidation) & Anor [2010] SGHC 96 held that a customer who kept silent was estopped from claiming against a bank where the latter had informed the customer that his account would be transferred to the bank's holding company unless the bank had been notified by the customer of his objection within a given timeline.

SHC: Defendant successfully invokes Contract (Rights of Third Parties) Act in counterclaim

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Thu, 06 May 2010 16:00:00 GMT

The SHC, in the case of Carriernet Global Ltd v Abkey Pte Ltd [2010] SGHC 104, granted judgment in favour of a party who relied on section 2(1) of the Contracts (Rights of Third Parties) Act to enforce a contract to which it was not a party.

UK Supreme Court holds contract arose between parties despite "subject to contract" clause

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Thu, 06 May 2010 16:00:00 GMT

The UK Supreme Court in RTS Flexible Systems Limited v Molkerei Alois Muller GmbH & Company KG (UK Production) [2010] UKSC 14 considered a dispute over work carried out and equipment supplied without the completion of a written contract.

SHC considers locus standi and bank's duty of secrecy in relation to discovery order

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Thu, 06 May 2010 16:00:00 GMT

The SHC in VisionHealthOne Corp Pte Ltd v HD Holdings Pte Ltd & Ors [2010] SGHC 78 considered the issues of locus standi and res judicata in a challenge to a discovery order and the extent of a bank's duty of secrecy when faced with such an order.

SHC considers contractors' duties in the context of contractual breach

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Wed, 05 May 2010 16:00:00 GMT

The SHC in Animal Concerns Research & Education Society v ANA Contractor Pte Ltd & Anor [2010] SGHC 85 found that the parties had a contract which the defendant had breached. As a result, the defendant was liable for any loss or damage the plaintiff suffered.

Singapore ratifies the UN Convention on the Use of Electronic Communications in International Contracts

Law News, Rajah & Tann LLP, Jul, 2010 — Tue, 27 Jul 2010 16:00:00 GMT

Singapore ratified the UN Convention on the Use of Electronic Communications in International Contracts on 7 July 2010. The Convention seeks to facilitate global electronic commerce trade by harmonising laws amongst countries and provide a set of comprehensive rules relating to the use of communications in the negotiation and formation of international contracts.

Building and Construction Industry Security of Payment Act: When a claim for payment is not a payment claim

CNP Update, Colin Ng & Partners, Jul, 2010 — Wed, 21 Jul 2010 16:00:00 GMT

This update looks at the legislation governing the construction industry and the recent case law developments thereunder.

Land Titles (Strata) (Amendment) Act 2010: An Overview

CNP Update, Colin Ng & Partners, Jul, 2010 — Wed, 21 Jul 2010 16:00:00 GMT

On 18 May 2010, Parliament passed the Land Titles (Strata) (Amendment) Bill, which comes into force on 15 July 2010. It imposes stricter rules to streamline and clarify the collective sale process.

Electronic Transactions Act: Repealed and re-enacted

Law News, Rajah & Tann LLP, Jul, 2010 — Tue, 20 Jul 2010 16:00:00 GMT

The Electronic Transactions Act has been repealed and re-enacted. It seeks to provide for the security and use of electronic transactions and to align Singapore laws on electronic transactions with the UN Convention on the Use of Electronic Communications in International Contracts. ...

Criminal Procedure Code 2010 becomes law

Law News, Rajah & Tann LLP, Jul, 2010 — Wed, 14 Jul 2010 16:00:00 GMT

The Criminal Procedure Code 2010 was passed in Parliament on 19 May 2010 which saw the introduction of major changes after extensive consultations with government agencies and stakeholders in the legal industry. ...

MOF conducts public consultation on draft GST (Amendment) Bill 2010

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Sun, 11 Jul 2010 16:00:00 GMT

The Ministry of Finance conducted a public consultation in relation to the draft GST (Amendment) Bill which covers Budget 2010 changes as well as other changes to tax policies and administration as a result of an on-going review of the GST regime.

MOF conducts public consultation on draft Property Tax (Amendment) Bill 2010

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Sun, 11 Jul 2010 16:00:00 GMT

The Ministry of Finance conducted a public consultation in relation to the draft Property Tax (Amendment) Bill which aims to improve tax administration and clarity to taxpayers with regard to the Property Tax Act.

Building and Construction Industry Security of Payment Act: Pitfalls in drafting payment claims under the Act

Law News, Rajah & Tann LLP, June, 2010 — Wed, 16 Jun 2010 16:00:00 GMT

A key component of the Building and Construction Industry Security of Payment Act is the introduction of adjudication as a statutory form of dispute resolution which emphasises speedy decisions as compared to arbitration or litigation. Timelines for adjudication are short and failure to comply with them may lead to serious consequences for the defaulting party. ...

Mental Capacity Act: Lasting power of attorney

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Thu, 10 Jun 2010 16:00:00 GMT

The Mental Capacity Act came into force on 1 March 2010. A key feature of the Act is the introduction of a statutory mechanism called the lasting power of attorney.

Land Titles (Strata) (Amendment) Bill 2010: Changes relating to collective sales

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Thu, 10 Jun 2010 16:00:00 GMT

The Land Titles (Strata) (Amendment) Bill was passed on 18 May 2010 to improve the process of collective sales, taking into account competing interests. ...

Electronic Transactions Bill: Passed in Parliament

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Wed, 09 Jun 2010 16:00:00 GMT

Electronic Transactions Bill was passed in Parliament on 19 May 2010, paving the way for a conducive legal framework for e-commerce trade in Singapore. The Bill repeals and re-enacts the current Electronic Transactions Act.

Electronic Transactions Bill: Introduced in Parliament

Legal News, WongPartnership LLP, May, 2010 — Wed, 02 Jun 2010 16:00:00 GMT

The Electronics Transactions Bill was introduced in Parliament on 24 April 2010. Once passed, it will repeal and replace the Electronic Transactions Act. The legal scheme for dealing with electronic transactions as embodied in the Bill is largely similar to that contained in the Act.

Securities and Futures Regulations: MAS seeks comments on draft Regulations

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Wed, 12 May 2010 16:00:00 GMT

The MAS is seeking comments on the draft Securities and Futures (Disclosure of Interests) Regulations 2010 and the draft Securities and Futures (Offers of Investments) (Shares and Debentures) (Amendment) Regulations 2010 which will affect disclosure regimes for interests of substantial shareholders, directors and CEOs, and the offering regime of shares/units and debentures.

SIAC Arbitration Rules 2010 come into effect from 1 July 2010

Law News, Rajah & Tann LLP, Jul, 2010 — Thu, 22 Jul 2010 16:00:00 GMT

After extensive consultation with practitioners, arbitrators and other stakeholders, the Singapore International Arbitration Centre (SIAC) released its Arbitration Rules 2010, which came into operation on 1 July 2010. The 2010 Rules retains the foundation of the 2007 Rules, while adding new rules to facilitate more efficient and effective arbitration at the SIAC.

Our (banking) secrets are safe for now

Rodyk Reporter, Rodyk & Davidson LLP, Jun, 2010 — Tue, 20 Jul 2010 16:00:00 GMT

As Singapore strives to be a leading financial centre in the region, banking secrecy laws have become increasingly important. This update looks at the legislation and case law that governs this area. ...

The importance of design registration – Design, register or lose!

Rodyk Reporter, Rodyk & Davidson LLP, Jun, 2010 — Thu, 15 Jul 2010 16:00:00 GMT

While many products are designed at a high cost, their manufacturers tend not to seek registration of these designs due to various reasons. This update discusses the legal protection afforded in this area of intellectual property. ...

The Singapore International Arbitration Centre issues a revised set of rules

Legal News, WongPartnership LLP, Jul, 2010 — Wed, 14 Jul 2010 16:00:00 GMT

The SIAC Rules 2010 has been released and comes into effect on 1 July 2010. The new Rules contain a new Schedule of Fees, a new Expedited Procedure (new Rule 5), a new rule on the appointment of an Emergency Arbitrator if interim relief is required, the removal of rules relating to the drawing up of Memorandum of Issues, amongst others. …

SGX responds to feedback received from consultation paper on revised requirements for direct business trades

Financial Services Bulletin, Allen & Gledhill LLP, Jun, 2010 — Mon, 12 Jul 2010 16:00:00 GMT

Earlier this year, the SGX conducted a public consultation on its proposals to revise the requirements for direct business trades. There were concerns raised by market participants about the potential adverse impact of raising the direct business threshold on trading costs, market liquidity, amongst others.

IRAS Consultation Paper on Mergers and Acquisitions Scheme

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Sun, 11 Jul 2010 16:00:00 GMT

It was announced in the Singapore Budget 2010 that a new Merger and Acquisition Allowance and stamp duty remission will be introduced to defray the costs of acquiring companies.

New MOU between Singapore and New South Wales Supreme Courts on Questions of Foreign Law

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Thu, 08 Jul 2010 16:00:00 GMT

With the growing cooperation between judges from different nations in tackling issues arising under foreign law, the Singapore and New South Wales Supreme Courts signed an MOU to work closely where such occasions arise. ...

New Productivity and Innovation Credit for Investments in Design scheme launched

Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 — Thu, 08 Jul 2010 16:00:00 GMT

Pursuant to the anncouncement made in the Singapore Budget 2010, the Productivity and Innovation Credit for Investments in Design scheme was implemented on 1 June 2010. The scheme allows tax deductions for companies that invest in the innovation and development of well-designed products. ...

Recent developments: Company law; international arbitration; mergers & acquisition; and GST

Legal News, WongPartnership LLP, Jun, 2010 — Tue, 29 Jun 2010 16:00:00 GMT

This executive summary features developments in appointment and removal of directors, validity of an arbitration agreement, sale of a company, and public consultation of the GST (Amendment) Bill. ...

MAS revises guidelines on capital markets services licence

Legal Update, Drew & Napier LLC, Jun, 2010 — Sun, 20 Jun 2010 16:00:00 GMT

The MAS recently revised its Guidelines on Criteria for the Grant of a Capital Markets Services Licence and Representative’s Licence to take into account the emphasis on good corporate governance standards in Singapore. The application criteria for a person wishing to carry out real estate investment trust management have also been clarified.

Competition Commission of Singapore: Infringement decisions issued on whistle-blowing and first abuse of dominance

Law News, Rajah & Tann LLP, Jun, 2010 — Wed, 16 Jun 2010 16:00:00 GMT

The Competition Commission of Singapore ("CSS") recently issued two infringement decisions relating to cases involving bid-rigging activities and abuse of dominance. This commentary discusses the competition law whistle-blowing leniency regime in Singapore and the application of competition law to all businesses.

MAS seeks comments on proposed changes to fund management regulatory regime in Singapore

Financial Services Bulletin, Allen & Gledhill LLP, May, 2010 — Tue, 15 Jun 2010 16:00:00 GMT

In April 2010, MAS issued a consultation paper proposing changes to Singapore's fund management regulatory regime, which seeks to enhance the supervisory oversight over entities currently operating under the exemption regime, and to raise the quality of players entering the fund management industry.

New statutory board to be formed to raise professionalism of real estate agency industry

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Sun, 13 Jun 2010 16:00:00 GMT

The proposed Council for Estate Agencies was announced to raise the professionalism of the real estate industry and better safeguard consumer interests. The Bill establishing the Council will be introduced in Parliament in the second half of the year.

Simplified telecommunications dealer licensing and equipment registration framework with effect from 15 April 2010

Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 — Thu, 10 Jun 2010 16:00:00 GMT

IDA has implemented changes to simplify the telecommunication dealer licensing and equipment registration framework to reduce business costs for telecommunication licensees and create a more robust telecommunication market.

Increase in employer CPF contribution rates from 1 September 2010

Legal Bulletin, Allen & Gledhill LLP, May, 2010 — Wed, 09 Jun 2010 16:00:00 GMT

The Government will raise the employer CPF contribution rate by 1% in two steps: the first 0.5% increase will take place on 1 Septebmer 2010, with the other 0.5% on 1 March 2011. This increase is to help Singaporeans save more for their medical and retirement needs. ...

Supreme Court Note: AJR v AJS [2010] SGHC 199 (division of matrimonial assets)

Supreme Court Note, Supreme Court, Jul, 2010 — Thu, 22 Jul 2010 16:00:00 GMT

The High Court set out a methodology which it used as a rough check on its exercise of discretion in the division of matrimonial assets.

Supreme Court Note: Petroprod Ltd v Larsen Oil and Gas Pte Ltd [2010] SGHC 186 (whether insolvency claims arbitrable)

Supreme Court Note, Supreme Court, Jun, 2010 — Thu, 01 Jul 2010 16:00:00 GMT

In this case, concerning an application for a stay in favour of arbitration, the High Court considered the arbitrability of insolvency and insolvency-related claims.

Supreme Court Note: Siemens AG v Holdrich Investment Ltd [2010] SGCA 23 (clarifications on natural forum doctrine)

Supreme Court Note, Supreme Court, Jun, 2010 — Wed, 30 Jun 2010 16:00:00 GMT

The Court clarified the forum conveniens or natural forum doctrine in this case, which concerned the grant of leave for serving an originating process out of jurisdiction.

Supreme Court Note: Lim Boon Keong v PP [2010] SGHC 179 (urine testing requirements under Misuse of Drugs Act)

Supreme Court Note, Supreme Court, Jun, 2010 — Mon, 28 Jun 2010 16:00:00 GMT

In this Magistrate’s Appeal against the appellant’s conviction for consuming norketamine, the Court was originally asked to decide a number of points of law relating to the offence of consumption under the Misuse of Drugs Act.

Supreme Court Note: Chee Jok Heng Stephanie v Chang Yue Shoon [2010] SGHC 153 (fiduciary in breach may not have illegality defence)

Supreme Court Note, Supreme Court, May, 2010 — Mon, 07 Jun 2010 16:00:00 GMT

A person in breach of his fiduciary duty may not be allowed to rely on the defence of illegality to benefit from his breach.

Supreme Court Note: Yong Vui Kong v Public Prosecutor [2010] SGCA 20 (whether mandatory death penalty constitutional)

Supreme Court Note, Supreme Court, Jun, 2010 — Thu, 03 Jun 2010 16:00:00 GMT

Although certain types of colourable legislation will not be regarded as “law” under Art 9(1) of the Constitution, mandatory death penalty legislation is “law”.

Supreme Court Note: Martek Biosciences Corp v Cargill International Trading Pte Ltd [2010] SGHC 135 (admission of fresh evidence in patents appeal)

Supreme Court Note, Supreme Court, May, 2010 — Wed, 26 May 2010 16:00:00 GMT

The High Court held that the Ladd v Marshall principles should apply where leave is sought to adduce fresh evidence in a patents revocation appeal.

Public Prosecutor v Astro Bin Jakaria [2010] SGHC 131 (intoxication on provocation)

Supreme Court Note, Supreme Court, May, 2010 — Wed, 26 May 2010 16:00:00 GMT

The High Court held that the accused’s state of intoxication should be taken into account in the subjective determination of actual loss of self-control.

Supreme Court Note: Goh Teh Lee v Lim Li Pheng Maria [2010] SGCA 18 (co-owners to act together in collective sales)

Supreme Court Note, Supreme Court, May, 2010 — Wed, 19 May 2010 16:00:00 GMT

The Court of Appeal held that all co-owners must act together to either support or oppose a proposed sale.

Basil Anthony Herman v Premier Security Co-operative Ltd [2010] SGCA 15 (ordering of new trial when evidence improperly rejected)

Supreme Court Note, Supreme Court, May, 2010 — Wed, 19 May 2010 16:00:00 GMT

In this case, the Court of Appeal held that, if evidence was improperly rejected at trial, a new trial will be ordered if (a) the improperly rejected evidence would, if admitted, have a substantial and realistic prospect of making a meaningful difference to the outcome of the case, and (b) the appellate court is in no position to evaluate the improperly rejected evidence itself.

Supreme Court Note: Gobinathan Devathasan v Singapore Medical Council [2010] SGHC 51 (professional misconduct arising from administering inappropriate treatment)

Supreme Court Note, Supreme Court, May, 2010 — Tue, 18 May 2010 16:00:00 GMT

The Court held that a decision of the Singapore Medical Council’s (“SMC”) Disciplinary Committee (“DC”) to convict Dr Gobinathan Devathasan was wrong in law.

Supreme Court Note: CLAAS Medical Centre Pte Ltd v Ng Boon Ching [2010] SGCA 3 (privity of contract and restraint of trade)

Supreme Court Note, Supreme Court, May, 2010 — Tue, 11 May 2010 16:00:00 GMT

Circumstances under which a third party could rely on section 2(1)(b) of the Contracts (Rights of Third Parties) Act (“CRTPA”) to enforce a restraint of trade clause.

Supreme Court Note: The "Asia Star" [2010] SGCA 12 (obligation to give notice when mitigating)

Supreme Court Note, Supreme Court, May, 2010 — Mon, 10 May 2010 16:00:00 GMT

An aggrieved party is required to notify the defaulting party of any action it proposes to take in order to mitigate its losses.

His Holiness Sant Baba Jeet Singh Ji Maharaj v Eastern Media Group Ltd [2010] EWHC 1294 (QB) (Tort, Defamation): catchwords

SMU Highlights, Singapore Management University, Jun, 2010 — Wed, 16 Jun 2010 16:00:00 GMT

Tabet v Gett [2010] HCA 12 (Tort of negligence): commentary

SMU Highlights, Singapore Management University, Jun, 2010 — Sun, 13 Jun 2010 16:00:00 GMT

The High Court of Australia unanimously agreed that a patient cannot recover for the loss of chance of a better medical outcome unless it is shown, on a balance of probabilities, that he or she would have had a better outcome but for the doctor’s negligence. This Australian position is consistent with the English House of Lords’ decisions in Hotson v East Berkshire Health Authority and Gregg v Scott. ...

E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15 (Trade marks and trade names): catchwords

SMU Highlights, Singapore Management University, Jun, 2010 — Mon, 07 Jun 2010 16:00:00 GMT

John Alexander's Clubs Pty Limited v White City Tennis Club Limited [2010] HCA 19 (Trust, Constructive trust)

SMU Highlights, Singapore Management University, Jun, 2010 — Mon, 07 Jun 2010 16:00:00 GMT

Ludgater Holdings Ltd v Gerling Australia Insurance Co Pty Ltd [2010] NZSC 49 (Insurance, Third party rights against insurers legislation): catchwords

SMU Highlights, Singapore Management University, May, 2010 — Thu, 03 Jun 2010 16:00:00 GMT

R v Morelli 2010 SCC 8 (Criminal procedure and sentencing, Search warrants): catchwords

SMU Highlights, Singapore Management University, May, 2010 — Wed, 02 Jun 2010 16:00:00 GMT

R v Cunningham 2010 SCC 10 (Legal profession, Discharge of counsel): catchwords

SMU Highlights, Singapore Management University, May, 2010 — Wed, 02 Jun 2010 16:00:00 GMT

Reference re Broome v Prince Edward Island 2010 SCC 11 (Tort, Negligence): catchwords

SMU Highlights, Singapore Management University, May, 2010 — Wed, 02 Jun 2010 16:00:00 GMT