Commentaries by SLW

Claim for contractually agreed sum may not be enforceable where there is lack of reciprocity

Law News, Rajah & Tann LLP, Feb, 2010 — Wed, 03 Mar 2010 16:00:00 GMT

The SHC considered whether to allow a claim for a contractually agreed sum by a party which had not performed its own obligations under the contract. It was determined that the principle of reciprocity prevented such a claim because the separate obligations were all part of one indivisible bargain.

SHC dismisses claim by seasoned investor against bank

Legal Update, Drew & Napier LLC, Feb, 2010 — Wed, 03 Mar 2010 16:00:00 GMT

The SHC dismissed a claim against a private bank for losses allegedly sustained from the wrongful closure of his foreign exchange positions. The Court emphasised the fact that not only was the plaintiff a seasoned investor, he had also adopted a blunderbuss approach, making a wide range of allegations against the defendant bank which he was ultimately unable to prove. The Court concluded that this action was in fact an attempt to transfer the losses which he had suffered as a result of market movements onto the bank.

The importance of drawing up formal contracts

Legal Update, Drew & Napier LLC, Feb, 2010 — Tue, 02 Mar 2010 16:00:00 GMT

This case illustrates why it is always better to have formal contracts to document business arrangements even when parties have had a good prior working relationship.

SHC resolves conflict between arbitration provision and court jurisdiction clause

Law News, Rajah & Tann LLP, Feb, 2010 — Tue, 02 Mar 2010 16:00:00 GMT

The issue was whether notwithstanding that the claims ostensibly arose out of the Defendant’s failure to observe the Escrow Agreement, the disputes between the parties still ought to be resolved in accordance with the arbitration clause under the Drilling Contract such that the present proceedings ought to be stayed in favour of arbitration.

SHC affirms law governing penalty clauses and post-termination damages

Law News, Rajah & Tann LLP, Feb, 2010 — Thu, 25 Feb 2010 16:00:00 GMT

Decision confirms Dunlop Pneumatic Tyre Co., the seminal case on penalty clauses in Singapore remains good law in Singapore. Also the High Court affirmed the position that a repudiatory breach of contract will give rise to an entitlement to post-termination damages.

Restraint of trade clauses in the context of a sale of business

Legal Update, Drew & Napier LLC, Feb, 2010 — Thu, 25 Feb 2010 16:00:00 GMT

The SCA has affirmed that Singapore courts will take a more liberal approach when considering restrictive covenants in the context of a sale of business, compared to a situation where such covenants are contained in a contract of employment.

EHC rules on conditional payments provision of 1992 ISDA Master Agreement

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Sun, 21 Feb 2010 16:00:00 GMT

The judge stated that sections 2(a)(i) and (iii) of the IMA are “one time” provisions for the assessment and calculation of whether a sum is owed at the end of a contract month. In his opinion “there is nothing in the wording of the provisions of the contract to suggest that if [a] condition precedent is fulfilled at some later date, some obligation to pay then springs up”.

SHC rules against service provider of Internet-based facility which allowed public to record free-to-air broadcasts and films

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

In RecordTV Pte Ltd v MediaCorp TV Singapore Pte Ltd & Ors, the Singapore High Court found that the service provider of an Internet-based facility which allowed members of the public to request for free-to-air broadcasts and films to be recorded for viewing had infringed the Copyright Act.

SCA clarifies responsibilities of employers with employees working at heights and those working on third-party premises

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 11 Feb 2010 16:00:00 GMT

The judgment is also instructive for its detailed discussion of the employers’ duty of care in general and the relevance of foreign case law, as well as its observations on the relevance of industry codes.

SCA upholds restraint of trade clause in music publishing contract

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 11 Feb 2010 16:00:00 GMT

The court was asked to consider the enforceability of a restraint of trade clause and whether a contractual obligation to account for royalties due had been sufficiently met.

Assessment of damages in a breach of contract

Legal Update, Drew & Napier LLC, Jan, 2010 — Wed, 03 Feb 2010 16:00:00 GMT

Where a party seeks to assess damages suffered as a result of a breach of a contract, the court must be satisfied, on a balance of probabilities, that the alleged loss is causally connected or linked to the breach of contract.

The efficacy of 'conclusive evidence' clauses

Legal Update, Drew & Napier LLC, Jan, 2010 — Wed, 03 Feb 2010 16:00:00 GMT

The SHC has affirmed that a certificate issued pursuant to a “conclusive evidence” clause is, in the absence of fraud or manifest error, determinative of the amount due. However, the existence of such a clause does not preclude the court from reviewing the legal basis of the demand itself.

Is bank's "conclusive certificate of indebtedness" really conclusive?

Law News, Rajah & Tann LLP, Jan, 2010 — Mon, 01 Feb 2010 16:00:00 GMT

The court held that a certificate or statement issued pursuant to a conclusive evidence clause is, in the absence of fraud or manifest error on the face of the statement, determinative of the amount due.

SHC affirms that an application for injunction to restrain a call on an on-demand bond is a substantive matter

Legal Update, Drew & Napier LLC, Jan, 2010 — Mon, 01 Feb 2010 16:00:00 GMT

The grant of an injunction restraining a beneficiary of an on-demand bond from making a call on the bond is a substantive matter and is governed by the law to which the court is directed by its choice of law rules, and not the procedural law of the forum.

The Singapore position on entitlement to damages arising from post-termination losses

Law News, Rajah & Tann LLP, Jan, 2010 — Sun, 31 Jan 2010 16:00:00 GMT

SHC decided that where a party faced with a breach of contract terminates the contract pursuant to an express termination clause, it is only entitled to damages in respect to the losses it has suffered as at the date of termination. In the absence of a concurrent right to terminate the contract under Common Law, such a party is not entitled to damages arising from losses arising after the date of termination.

Website offering online recording services found liable for copyright infringement

Legal Update, Drew & Napier LLC, Jan, 2010 — Tue, 19 Jan 2010 16:00:00 GMT

RecordTV Pte Ltd, an internet company which owns, operates and designs www.recordtv.com, a website which allows end-users to watch certain Mediacorp broadcasts and films online, has been found liable for copyright infringement by authorising the copying of and communicating Mediacorp’s broadcasts and films to the public through its website.

SHC interprets restraint of trade clauses in directors' service agreements with company

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Wed, 13 Jan 2010 16:00:00 GMT

The court noted that in order to be enforceable, restraint of trade clauses must not be unreasonably wide in scope as prima facie they are contrary to public policy. The burden of proof to show reasonableness is on the party seeking to rely on the restraint of trade clauses - in this case, the company.

Singapore District Court finds listed company director failed to use reasonable diligence

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Wed, 13 Jan 2010 16:00:00 GMT

It is prudent for a director to ensure that he applies his mind independently on each issue the board of directors has to consider. Documentation of a director’s application of his mind and decision would be useful. A director should also avoid situations which may create an impression that he has delegated or fettered his approval or decision making power to another person.

SCA on enforceability of foreign judgment relating to claim for gambling debt

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Wed, 13 Jan 2010 16:00:00 GMT

The CA ruled that the foreign judgment was not a foreign money judgment for a fixed some of money but was, instead, a judgment for the setting aside of the fraudulent transfer of the appellant’s interest in a certain piece of property. As such, the judgment was not enforceable because a foreign judgment could be enforced by way of a common law action only if that judgment was for a fixed sum of money.

SCA on the requirement of "use as a trade mark" for the purpose of trade mark infringement

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Wed, 13 Jan 2010 16:00:00 GMT

While the CA had left open the issue of whether trade mark use is required for the purpose of establishing infringement, this decision is still valuable in that it has clarified and reinstated several important fundamental concepts of trade mark law. For e.g. it is now trite law that the concept of identical marks under s 27(1) of the Act entails a strict interpretation, and that in a passing off action, goodwill must be proved specifically in relation to the mark in question, at the relevant time.

SCA finds binding contract between parties for grant of option and that doctrine of part performance part of Singapore law

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Wed, 13 Jan 2010 16:00:00 GMT

The contract to grant an option for the sale for the property was binding between the parties when (at the latest) the 1% cheque was deposited into the first appellant’s bank account.

SHC construes conclusive evidence clause in account opening documents

Legal Update, Allen & Gledhill LLP, Dec, 2009 — Tue, 12 Jan 2010 16:00:00 GMT

The Court held that the precise effect of a conclusive evidence clause will depend upon its specific wording and formulation.

The importance of document verification for banking transactions

Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2009 — Tue, 29 Dec 2009 16:00:00 GMT

Prior to any draw down, banks are furnished with certified extracts of board resolutions approving the banking transactions and authorising the execution of contracts. Such extracts usually include resolutions delegating authority to the signatories to enter into the contracts. This requirement was discussed at length in the court’s consideration of the issues relating to the law of agency.

SHC allows counterclaim to revoke patent

Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2009 — Tue, 29 Dec 2009 16:00:00 GMT

The court agreed that the plaintiff’s invention was not novel and it did not involve an inventive step, both of which were conditions that had to be satisfied for an invention to be patentable.

SCA defines duty of purchaser to sellers in a collective sale

Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2009 — Tue, 29 Dec 2009 16:00:00 GMT

The SCA examined the relationship between the purchaser of a collective sale site, the consenting majority owners, and the obligations and the role of the Strata Titles Board in this case.

SCA clarifies principles for proper service of contractual notice of default

Law News, Rajah & Tann LLP, Dec, 2009 — Thu, 17 Dec 2009 16:00:00 GMT

The dispute centred on whether the notice of default was properly served on Party A. The SCA discussed the legal principles which one ought to be aware of before he or she serves a notice of default.

The extent of a liquidator's duty in relation to the verification of a proof of debt

Law News, Rajah & Tann LLP, Dec, 2009 — Wed, 16 Dec 2009 16:00:00 GMT

In the winding up of a company, a liquidator has a legal right to go beyond the company’s accounts and scrutinise the proof of debt when there are reasons to suspect its genuiness or legal validity. The liquidator must, however, not be seen to be using this right as a means to deny the creditor of his monies and/or further the interests of his appointor. This will put him in a position of conflict of interest.

SHC finds senior employee owing fiduciary duties akin to director

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Tue, 15 Dec 2009 16:00:00 GMT

The court found that the defendant had breached his fiduciary duties to the second and third plaintiffs, while he was still a director or employee of the second and third plaintiffs.

SHC interprets meaning of "for the time being in force" in arbitration clause

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Tue, 15 Dec 2009 16:00:00 GMT

The court held that the words “for the time being in force” referred to the SIAC Rules in force at the time of the commencement of the arbitration.

SCA considers whether terms of agreement varied by "without prejudice" communications

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Tue, 15 Dec 2009 16:00:00 GMT

Generally, communications between parties made on a “without prejudice” basis in the course of settlement negotiations are not admissible. Where correspondence is marked “without prejudice”, the presence of these words places the burden of persuasion on the party who contends that these words should be ignored.

SHC clarifies scope of force majeure and termination clauses

Legal Update, Drew & Napier LLC, Dec, 2009 — Sun, 13 Dec 2009 16:00:00 GMT

The SHC ruled that a rise in prices of sand, caused by a ban on sand exports (the “sand ban”) by the Indonesian government in Jan 07, did not constitute a force majeure event which would relieve a concrete supplier of its obligations to supply concrete to a construction company.

Adjudication for payment claim upheld by the Court

Legal News, WongPartnership LLP, Nov, 2009 — Wed, 09 Dec 2009 16:00:00 GMT

In the SHC case, the Sub-Contractor applied for adjudication under the Building and Construction Industry Security of Payment Act, and received a determination in its favour. The Contractor then applied to the courts to have the adjudicator's determination set aside. The Court declined to set aside the determination and found in favour of the Sub-Contractor. Players in the construction industry can take comfort from this decision that the adjudication process under the Act will be upheld by the courts, and that they can rely on it as a means of providing a quick and easy interim solution to construction disputes. This ensures that construction projects will not be held up by disputes over payment claims.

Government Securities (Amendment) Bill 2009 passed: Enabling early redemption of Government securities and regulation of primary dealers

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Sun, 21 Feb 2010 16:00:00 GMT

When in force, the Bill will amend the Act to regulate primary dealers and allow for the early redemption of Government securities.

Moneylenders (Amendment) Bill 2009 passed: Enhancing enforcement measures against unlicensed moneylenders

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 18 Feb 2010 16:00:00 GMT

On 12 January 2010, the Parliament passed the Moneylenders (Amendment) Bill 2009 which seeks to amend the Moneylenders Act 2008 to introduce, among other things, the following changes …

Quorums of Statutory Boards (Miscellaneous Amendments) Act 2009 in force from 15 Jan 10

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

The Act revises the quorum for board meetings stipulated in the Acts of 16 statutory boards to “one-third of the total number of members or three members, whichever is the higher”. The amendment will align the 16 Acts with the other Acts establishing statutory boards.

Copyright Act amended with effect from 31 Dec 09: Changes to Copyright Tribunal’s jurisdiction and operational aspects

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

The Copyright Act has been amended with effect from 31 December 2009 with the key objective of updating and maintaining its relevance in the face of advancing technologies which have given rise to new ways of accessing and using copyright works. ...

Medical Registration Act: Streamline disciplinary processes, enhance medical registration and introduce Register of Family Physicians

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

The Act will be amended to keep it more relevant in light of recent issues in professional conduct and standards that have arisen due to changing demands and expectations of patients and the public. The amendments streamline disciplinary processes, enhance medical registration and introduce a Register of Family Physicians.

Mental Capacity Act 2008 partially in force from 1 Mar 10: Appointing proxy decision makers

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

This Act enhances the safeguards for protection of patients compulsorily admitted into psychiatric institutions.

Mental Health (Care and Treatment) Act 2008 in force from 1 Mar 10

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

This Act enhances the safeguards for protection of patients compulsorily admitted into psychiatric institutions.

Banking (Credit Card and Charge Card) (Amendment No. 2) Regulations 2009

Law News, Rajah & Tann LLP, Jan, 2010 — Thu, 21 Jan 2010 16:00:00 GMT

This amendment facilitates the implementation and adoption of credit cards with enhanced security features.

Workplace Safety and Health (Safety and Health Management System and Auditing) Regulations 2009 in force 1 Mar 10

Legal Bulletin, Allen & Gledhill LLP, Dec, 2009 — Tue, 12 Jan 2010 16:00:00 GMT

The regulations provide for safety and health management systems, obligations to appoint workplace safety and health auditors and internal review of safety and health management system. It also deals with the approval of workplace safety and health auditors, their duties and power.

Moneylenders Act 2008: Changes to enhance enforcement measures against unlicensed moneylenders

Financial Services Bulletin, Allen & Gledhill LLP, Nov, 2009 — Wed, 16 Dec 2009 16:00:00 GMT

One of the measures includes empowering the Minister for Law to issue an order to freeze the dealing of any property or any funds in any bank account that has been identified as proceeds of unlicensed moneylending.

Government Securities Act: Amendments to enable early redemption of Government securities and regulation of primary dealers

Financial Services Bulletin, Allen & Gledhill LLP, Nov, 2009 — Wed, 16 Dec 2009 16:00:00 GMT

Pursuant to a new s 24A, the MAS may, from time to time, by public notice invite the public to apply to redeem any Government securities specified in the public notice before the date of maturity of those Government securities.

Tax Bites: Singapore Budget 2010

Law News, Rajah & Tann LLP, Feb, 2010 — Sun, 07 Mar 2010 16:00:00 GMT

A Singapore Budget 2010 overview

Tax Bites: Exchange of Information (EOI)

Law News, Rajah & Tann LLP, Feb, 2010 — Wed, 03 Mar 2010 16:00:00 GMT

The main thrust of the amendment is to broaden the scope of exchange by removing the domestic interest condition and putting in place a framework to implement requests by double taxation treaty payments for information concerning the tax position of any person subject to the terms of exchange of information provision.

Foreign investors may form partnerships in China

Legal News, WongPartnership LLP, Feb, 2010 — Thu, 25 Feb 2010 16:00:00 GMT

New measures take effect on 1 Mar 10.

Competition Review - February 2010

Law News, Rajah & Tann LLP, Feb, 2010 — Tue, 23 Feb 2010 16:00:00 GMT

Competition update in Singapore and world wide

MAS updates requirements for Exempt Fund Managers and other Exempt Persons

Legal Update, Drew & Napier LLC, Feb, 2010 — Tue, 23 Feb 2010 16:00:00 GMT

Qualities considered for exemption: “Fit and proper”, “Resident in Singapore”, and employing minimum of “two persons”.

MAS proposes to remove accredited investors exemption from securities lending rules for brokers and other changes

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Sun, 21 Feb 2010 16:00:00 GMT

At present, the requirements for insurers and brokers are different in some aspects.

SGX guidelines for trading members and trading representatives on proper trading conduct for the handling of orders causing adverse market impact

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Sun, 21 Feb 2010 16:00:00 GMT

The SGX emphasised that Trading Members and Trading Representatives are free to employ different trading strategies. However, as large orders entered within a short period of time have greater potential to create price dislocation they should ask their clients to provide them with the rationale behind any orders likely to adversely impact the market.

SGX proposes new Mainboard listing criteria and introduction of SPACs

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 18 Feb 2010 16:00:00 GMT

The consultation closes 3 Feb 10.

IRAS circular provides guidance and clarification on new tax framework for corporate amalgamations

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 18 Feb 2010 16:00:00 GMT

In the new framework, the amalgamated company would continue to carry on the businesses of the amalgamating companies as if there is no cessation of the existing businesses of the amalgamating companies and the amalgamated company takes over the assets, rights and liabilities of the amalgamating companies.

MAS proposes amendments to MAS Notice 637 on Risk Based Capital Adequacy Requirements for Banks Incorporated in Singapore

Financial Services Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 18 Feb 2010 16:00:00 GMT

The changes proposed incorporate a package of measures approved by the Basel Committee on Banking Supervision in Jul 09 to strengthen the rules governing trading book capital and enhance the three pillars of the Basel II framework. The changes also fine-tune the Notice following from the ongoing review of the capital rules and guidance by the MAS.

SIC issues Practice Statement on announcements relating to possible offers

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Tue, 16 Feb 2010 16:00:00 GMT

Where a target company is the subject of rumour or speculation of a possible offer, there is undue movement in the target company’s share price, or there is a significant increase in the volume of share turnover of the target company, the party concerned has to make an announcement depending on the circumstances of the case. This practice statement provides guidelines about these announcements.

MAS reviews age of capacity to enter into insurance contracts

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 11 Feb 2010 16:00:00 GMT

Currently, s 58 of the Insurance Act provides that persons who are 10 years or older may enter into an insurance contract. For those who are below the age of 16, the written consent of a parent or guardian is required before they may do so. MAS suggests removing the minimum age of capacity as the requirement for written consent from a parent or guardian should provide sufficient safeguard against a minor inadvertently entering into a contract of insurance or surrendering his policy.

MAS consults on Policy Owners’ Protection Fund schemes and insurance resolution

Legal Bulletin, Allen & Gledhill LLP, Jan, 2010 — Thu, 11 Feb 2010 16:00:00 GMT

The first set of measures relates to the Policy Owners’ Protection Fund, which is funded by the industry to compensate policy owners in the event of the default of an insurer. The second set of measures seeks to enhance the MAS’ powers relating to the resolution of insurers in Singapore. The consultation period ended 29 Jan 10.

MAS consults on revised proposals covering listed and unlisted investment products Pt 2

Legal Update, Drew & Napier LLC, Feb, 2010 — Tue, 09 Feb 2010 16:00:00 GMT

The Part II Response addresses the following: the definition of “complex investment products” and requirements for mandatory advice; remuneration structures for sale of investment products; requirement to appoint an approved trustee for unlisted debentures; and the strengthening of the MAS’ investigative and regulatory powers.

SGX Consultation Paper proposing to revise Main Board admission criteria

Law News, Rajah & Tann LLP, Jan, 2010 — Mon, 08 Feb 2010 16:00:00 GMT

The paper also introduces new listing rules for SPAC and codifies measures for Secondary Fund Raising.

Supreme Court Note: George Raymond Zage III v Ho Chi Kwong [2010] SGCA 4 (equity & trusts, knowing receipt, dishonest assistance)

Supreme Court Note, Supreme Court, Feb, 2010 — Mon, 22 Feb 2010 16:00:00 GMT

The Court of Appeal considered if a business was liable as constructive trustee for knowingly receiving proceeds from a breach of trust or dishonestly assisting in the misappropriation of the sum.

Supreme Court Note: Indulge Food Pte Ltd v Torabi Marashi Bahram [2010] SGHC 22 (when action for agreed sum defeated by failure to perform)

Supreme Court Note, Supreme Court, Jan, 2010 — Wed, 27 Jan 2010 16:00:00 GMT

This case decided that an action for a contractually agreed sum may be defeated by the claimant’s failure to perform its obligations under the contract.

Supreme Court Note: Bachoo Mohan Singh v PP [2009] SGCA 59 (extension of time to raise question of law of public interest)

Supreme Court Note, Supreme Court, Dec, 2009 — Wed, 23 Dec 2009 16:00:00 GMT

The Court of Appeal clarified its jurisdiction to grant an extension of time under s 60(2) of the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (SCJA) where the applicant had previously made an application to the High Court judge to reserve a question of law of public interest to the Court of Appeal under s 60(1) of the SCJA.

Supreme Court Note: Chua Chian Ya v Music & Movements (S) Pte Ltd [2009] SGCA 54 (contract, restraint of trade, breach)

Supreme Court Note, Supreme Court, Dec, 2009 — Sun, 20 Dec 2009 16:00:00 GMT

In this decision, the Court of Appeal applied the doctrine of restraint of trade to a music publishing contract and discussed the obligation to account for royalties collected.

Supreme Court Note: AAG v Estate of AAH, Deceased [2009] SGCA 56 (s 3 Inheritance (Family Provision) Act)

Supreme Court Note, Supreme Court, Dec, 2009 — Sun, 20 Dec 2009 16:00:00 GMT

It was held that an illegitimate child is not entitled to maintenance under the Inheritance (Family Provision) Act.

Supreme Court Note: Poh Soon Kiat v Desert Palace Inc [2009] SGCA 60 (enforcement of foreign judgments based on gambling debts)

Supreme Court Note, Supreme Court, Dec, 2009 — Sun, 13 Dec 2009 16:00:00 GMT

It was held that a foreign judgment could be enforced by way of a common law action only if that judgment was for a fixed sum of money.

Supreme Court Note: ADF v PP [2009] SGCA 57 (criminal procedure and sentencing)

Supreme Court Note, Supreme Court, Dec, 2009 — Thu, 10 Dec 2009 16:00:00 GMT

The Court of Appeal considered the sentencing principles relevant to an accused charged with voluntarily causing hurt to a domestic maid.

Grant v Torstar Corporation 2009 SCC 61; Quan v Cusson 2009 SCC 62 (Tort, Defamation): commentary

SMU Highlights, Singapore Management University, Feb, 2010 — Tue, 02 Mar 2010 16:00:00 GMT

The Supreme Court of Canada in Grant v Torstar has recognised a new defence of responsible communication on matters of public interest. The defence is available to any person who publishes material of public interest in any medium, whether journalists or those persons who posts blogs and communicate through other online media. In order to raise the defence successfully, the defendant must show that he or she acted responsibly in attempting to verify the information on a matter of public interest. The defence, which is separate and distinct from the existing defence of qualified privilege, was applied in the subsequent decision of Quan v Cusson.

Fullowka v Pinkerton's of Canada Ltd 2010 SCC 5 (Tort, Negligence): catchwords

SMU Highlights, Singapore Management University, Feb, 2010 — Mon, 01 Mar 2010 16:00:00 GMT

Tercon Contractors Ltd v British Columbia (Transportation and Highways) 2010 SCC 4 (Contract, Contractual terms): catchwords

SMU Highlights, Singapore Management University, Feb, 2010 — Sun, 28 Feb 2010 16:00:00 GMT

Co-operators Life Insurance Co v Gibbens 2009 SCC 59 (Insurance, Sickness insurance): catchwords

SMU Highlights, Singapore Management University, Jan, 2010 — Thu, 14 Jan 2010 16:00:00 GMT

Grant v Torstar Corp 2009 SCC 61 (Constitutional law, Tort): catchwords

SMU Highlights, Singapore Management University, Jan, 2010 — Thu, 14 Jan 2010 16:00:00 GMT

Quan v Cusson 2009 SCC 62 (Civil procedure, Tort): catchwords

SMU Highlights, Singapore Management University, Jan, 2010 — Thu, 14 Jan 2010 16:00:00 GMT

Zheng v Cai [2009] HCA 52 (Tort, Negligence): catchwords

SMU Highlights, Singapore Management University, Jan, 2010 — Tue, 05 Jan 2010 16:00:00 GMT

Threshhold test for anti-suit injunctions

Law News, Rajah & Tann LLP, Dec, 2009 — Mon, 28 Dec 2009 16:00:00 GMT

The EHC had to decide whether to grant an interim anti-suit injunction preventing the Defendant from taking proceedings abroad on the grounds that it had agreed to submit the dispute to arbitration. The decision rested on whether the contract between the parties contained an arbitration clause.

Miazga v Estate of Kvello 2009 SCC 51 (Tort, Malicious Prosecution): commentary

SMU Highlights, Singapore Management University, Dec, 2009 — Mon, 21 Dec 2009 16:00:00 GMT

The decision of the Supreme Court of Canada (SCC) in Miazga v Estate of Kvello focuses on malicious prosecution, a tort that seeks to balance the objective of protecting the liberty of a person against unsubstantiated and malicious prosecutions, and the public interest in the effective and uninhibited prosecution of criminal wrongdoing. In order to establish malicious prosecution, the plaintiff is required to prove that the prosecution was (a) initiated by the defendant; (b) terminated in the plaintiff’s favour; (c) undertaken without reasonable and probable cause; and (d) motivated by malice. Damage must also be proved.

English HC discusses meaning of "true and fair view" in warranty

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Tue, 15 Dec 2009 16:00:00 GMT

The EHC considered whether accounts which are prepared in circumstances where a company has no or insufficient evidence about an existing asset or liability can nevertheless be “true and fair”. They considered it against the background of accounting principles/reporting standards and broader companies legislation.

New UK Supreme Court replaces the UK House of Lords from 1 Oct 09

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Mon, 14 Dec 2009 16:00:00 GMT

The UK Supreme Court is now the final court of appeal for civil cases in England and Wales, Scotland and Northern Ireland and for criminal cases in England and Wales and Northern Ireland.

UKSC focuses on meaning of clause in context of entire document

Legal Bulletin, Allen & Gledhill LLP, Nov, 2009 — Mon, 14 Dec 2009 16:00:00 GMT

In Re Sigma Finance Corporation, the UK Supreme Court was faced with the interpretation of a contentious clause within a Security Trust Deed. The court held that the document had to be interpreted in the light of its commercial intention and the nature of the contracting parties’ business. Detailed analysis of the clause’s wording therefore had to give way to business common sense.