Commentaries |
| Supreme Court Note: Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2011] SGHC 266 (restrictive covenants and employees' duties) | The plaintiff sued its former employee for breaches of restrictive covenants and implied duties. Supreme Court Note, Supreme Court, Jan, 2012 |
| Supreme Court Note: Mohammad Ashik bin Aris v PP [2011] SGCA 46 (urine-testing and the Misuse of Drugs Act) | This appeal was a direct challenge to the procedures used by the Health Sciences Authority ("the HSA") to test urine for the presence of drugs. The consumption of these drugs was an offence pursuant to section 8(b) of the Misuse of Drugs Act (Cap 185) ("the MDA"). In order to facilitate the prosecution of this offence, the presence of positive results from two urine tests conducted under section 31(4)(b) of the MDA would trigger a presumption that the person whose urine was tested had, in contravention of section 8(b), in fact consumed the relevant drugs. Supreme Court Note, Supreme Court, Dec, 2011 |
| Supreme Court Note: Soon Kok Tiang v DBS Bank Ltd [2011] SGCA 55 (banking contract not void for uncertainty) | The Court held that the DBS High Notes 5 contract between DBS and 21 investors was not void for uncertainty. Supreme Court Note, Supreme Court, Dec, 2011 |
| Supreme Court Note: Foo Jee Seng v Foo Jhee Tuang [2011] SGHC 235 (testamentary trust for sale; supervision of trustees) | A trust for sale was a method of settling land without the application of the Settled Estates Act. Supreme Court Note, Supreme Court, Nov, 2011 |
| Supreme Court Note: Wong Meng Cheong v Ling Ai Wah [2011] SGHC 233 (test for capacity and revocation of deputies) | The High Court held that the test of capacity in the Mental Capacity Act (Cap 177A, 2010 Rev Ed) ("the MCA") could be reduced into two components: First, there had to be a diagnostic threshold of an impairment of brain or mind function. Second, this impairment had to result in a functional inability to make a decision due to the lack of any of the elements in s 5(1) of the MCA. Supreme Court Note, Supreme Court, Nov, 2011 |
| Supreme Court Note: AQP v Comptroller of Income Tax [2011] SGHC 229 (income tax deductibility of defalcation losses) | The High Court held that defalcation losses incurred by an employee exercising overriding power or control in the taxpayer firm were not deductible under s 14(1) of the Income Tax Act (Cap 134, 2008 Rev Ed). The High Court also clarified that a genuine mistake of law could fall within the meaning of the phrase "error or mistake" under s 93A(1). Supreme Court Note, Supreme Court, Nov, 2011 |
| Supreme Court Note: Muhammad Faizal bin Rahim v Public Prosecutor [2011] SGHC 221 (Motor Vehicles (Third-Party Risks and Compensation) Act s 3(3)) | The High Court affirmed and justified the existing judicial interpretation of the "special reasons" exception in s 3(3) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) ("MVA"). Supreme Court Note, Supreme Court, Nov, 2011 |
| Supreme Court Note: Ma Ong Kee v Kaiyo Reptile Products Pte Ltd [2011] SGHC 188 (liability for GST under Law Society's Conditions of Sale 1999) | It was affirmed that under the Singapore Law Society's Conditions of Sale 1999 ("1999 Conditions of Sale"), the purchaser was liable to pay the Goods and Services Tax ("GST") on the property purchase price. Supreme Court Note, Supreme Court, Nov, 2011 |
LEGISLATION
Stamp Duties (Amendment) Act 2011 passed: Implementing Budget 2011 changes  | The Stamp Duties (Amendment) Act 2011 was passed in November 2011 giving legislative effect to measures first announced in the 2011 Budget Statement, as well as changes arising from the periodic review of the stamp duty system. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Income Tax (Amendment) Bill 2011 passed: Implementing Budget 2011 changes | The Income Tax (Amendment) Bill 2011 was passed in Parliament in November 2011, putting into effect income tax changes announced in the Budget earlier in the year and amendments to the Act arising from review of the income tax system. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Goods and Services Tax (Amendment) Bill 2011 passed: Implementing Budget 2011 changes | The Goods and Services Tax (Amendment) Bill 2011 was passed in November 2011 to give legislative effect to the goods and services tax initiatives announced in Budget Statement 2011, as well amendments arising from an ongoing review of the GST system. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| IPOS consults on proposed changes to Singapore's patent laws | IPOS concluded its a public consultation on proposed legislative changes to the Singapore patent laws to implement a more robust positive grant system, replacing the current self-assessment system. The new system will mean that a patent application with oustanding patentability objections would not be able to proceed to grant. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Telecommunications (Amendment) Bill 2011 passed: Refining Government's powers and updating legislative framework | The amendments to the Telecommunications Act have been passed by Parliament and are menat to give the government and the IDA further powers to regulate the fast-changing telecommunications sector, as well as update the legislative framework to reflect developments since the Act's last revision in 2005. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Work Injury Compensation (Amendment) Bill 2011 passed: Changes in force from 1 June 2012 | Amendments to the Work Injury Compensation Act will see the Act striking a balance between compensation for injured employees and the obligations placed on employers/insurers. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Insurance Act s 21: Maintenance of assets in Singapore - MAS responds to feedback from consultation paper | This executive summary looks at the MAS response to feedback on its consultation paper on the review of section 21 of the Insurance Act which currently allows the MAS to issue directions to any insurer to maintain assets in Singapore if there are grounds on which the MAS can cancel the registration of that insurer under section 12 of the Insurance Act. Legal Bulletin, Allen & Gledhill LLP, Nov, 2011 |
| Stamp Duties (Amendment) Act 2011: Implementing Budget 2011 changes | The Stamp Duties (Amendment) Act 2011 was introduced in Parliament on 17 October 2011. Changes arising from the Bill will implement measures first announced in the Singapore Government's 2011 Budget Statement, as well as other changes. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Goods and Services Tax (Amendment) Bill 2011: Implementing Budget 2011 changes | The Goods and Services Tax (Amendment) Bill 2011 was read the first time in Parliament on 17 October 2011. The Bill seeks primarily to implement the tax changes announced in the Singapore Government's 2011 Budget Statement. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Telecommunications (Amendment) Bill 2011: Refining Government's powers and updating legislative framework | In October 2011, the Telecommunications (Amendment) Bill 2011 was introduced in Parliament. The Telecommunications Act will be amended to ensure that it remains relevant and sufficient to regulate a fast-changing telecommunications sector. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Income Tax (Amendment) Bill 2011: Implementing Budget 2011 changes | The Income Tax (Amendment) Bill 2011 was read the first time in Parliament in October 2011. The Bill seeks to implement the tax changes announced in the Singapore Government's 2011 Budget Statement. Some non-Budget changes will also be implemented. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Evidence Act: Proposed changes to legal professional privilege for in-house counsel, opinion evidence, computer output, hearsay | The Ministry of Law issued a consultation paper setting out proposed amendments to the Evidence Act arising as a result of feedback received from various legal bodies and institutions. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Work Injury Compensation (Amendment) Bill 2011: Streamlined time frame for making claims | Parliament introduced the Work Injury Compensation (Amendment) Bill 2011 in October 2011, which aims to amend the Work Injury Compensation Act by instituting a time limit for filing claims under the Act, enhancing requirements for work injury compensation insurance and allowing compensation for occupational diseases, among others. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Retirement Age (Amendment) Act 2011 takes effect 1 January 2012: Re-employment of older employees | With effect from 1 January 2012, under new employment legislation, employers will be required to offer re-employment to employees who have reached the statutory retirement age, if the employees fulfill certain eligibility criteria and are willing and able to continue to work. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
JUDGMENTS
| SHC: Restrictive covenants considered in two recent cases | The SHC in Mano Vikrant Singh v Cargill TSF Asia Pte Ltd |
| Latest developments: Defamation, tenancy, wills | This executive summary looks at the latest developments in case law in the areas of defamation, tenancy agreements and wills. Legal News, WongPartnership LLP, Jan, 2012 |
| SHC clarifies insurer's duty of good faith | The SHC in The Stansfield Group Pte Ltd v Consumers' Association of Singapore |
| Singapore Income Tax Board of Review considers the carrying forward of loss after restructuring of holding company's shareholding | The Income Tax Board of Review in AVD v Comptroller of Income Tax |
| SCA clarifies statutory regime for appealing against domestic arbitration awards under s 49 Arbitration Act | The SCA in Motor Image Enterprises Pte Ltd v SCDA Architects Pte Ltd |
| SHC finds that plaintiff deliberately filed a false claim against employer and considers ordering costs against third party instigating plaintiff | The SHC in Sanae Achar v SciGen Ltd |
| Latest developments: Resolutions passed at inquorate director's meetings; Corporate Governance Council recommended revisions of MAS Code | This executive summary looks at a case involving resolutions passed at inquorate director's meetings and the Corporate Governance Council's recommended revisions to the MAS Code. Legal News, WongPartnership LLP, Dec, 2011 |
| SCA clarifies discovery obligations of company subject to derivative action under s 216A Companies Act | The SCA in Lew Kiat Beng v Hiap Seng & Co Pte Ltd |
| Latest developments: Securities, insolvency, bonds | This executive summary looks at the latest developments in case law in relation to the DBS High Notes 5 derivative credit-linked notes, set off of indemnity against a debt and establishment of security granted to secure the issue of bond. Legal News, Wong Partnership, Dec, 2011 |
| Latest developments: Employment, family law, insolvency, civil proceedings | This executive summary looks at the latest case law in employment law, family law, insolvency, civil proceedings. Legal News, WongPartnership LLP, Nov, 2011 |
| Singapore High Court delivers instructive decision on "reliance loss" damages in contract | The SHC in Out of the Box Pte Ltd v Wanin Industries Pte Ltd |
| SHC rules that forfeiture-for-competition clauses are not restraints of trade | The SHC in Mano Vikrant Singh v Cargill TSF Asia Pte Ltd |
| Modelling agencies found to have fixed prices for modelling rates | The CCS issued found that 11 modelling agencies had colluded to fix their rates for modelling and other fees, infringing s 34 of the Competition Act. Legal News, WongPartnership LLP, Nov, 2011 |
| SHC: Delays in completion: When is time set at large and when do liquidated damages provisions survive termination of contract? | The SHC in Lim Chin San Contractors Pte Ltd v LW Infrastructure Pte Ltd |
| SHC: Electronic discovery and inspection of compound documents | The SHC in Surface Stone Pte Ltd v Tay Seng Leon |
| Latest developments: Anti-counterfeiting Trade Agreement, copyright, database rights, domain names, patents, registered designs, trademarks | This executive summary looks at the latest developments in intellectual property case law and regulation. Legal News, WongPartnership LLP, Oct, 2011 |
| SHC allows company's claim for misappropriated property subject to confiscation order issued in favour of Public Prosecutor | The SHC in Public Prosecutor v Ng Teck Lee |
| CCS clears anticipated merger involving supply of heavy-duty trucks, buses, coaches and diesel engines | In September 2011, the Competition Commission of Singapore announced its decision to clear the proposed acquisition of sole control by Volkswagen Aktiengesellschaft over MAN SE. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
COMMONWEALTH
| Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 (Contract, Contractual terms): catchwords | Contract - Contractual Terms - Admissibility of Evidence - Whether evidence of surrounding circumstances and object of transaction admissible in aid of interpretation of contract term - Whether ambiguity in language of contract term a pre-requisite SMU Highlights, Singapore Management University, Nov, 2011 |
SLW COMMENTARY
| The expanding limits of prosecutorial discretion: Ramalingam Ravinthran v AG [2012] SGCA 2 | This commentary looks at the SCA's examination of an alleged violation of the right to equality guaranteed by the Singapore Constitution in relation to a case where one of the accused was charged with trafficking in an amount of drugs quantified just below the threshold for the mandatory death penalty, and another, who was involved in the same criminal enterprise, was charged with trafficking in an amount that would lead to the mandatory death penalty if convicted. SLW Commentaries, Singapore Law Watch, Jan, 2012 |
| A trilogy of "difficult and complex" arbitration issues in 2012: Re David Joseph QC [2011] SGHC 262 | This SLW Commentary looks at the admission of English Queen's Counsel in proceedings arising from an arbitration. SLW Commentaries, Singapore Law Watch, Jan, 2012 |
| The judicial duty to give reasoned decisions: Thong Ah Fat v Public Prosecutor [2011] SGCA 65 | The SCA in Thong Ah Fat v Public Prosecutor |
| Reflecting on appeals on questions of law arising out of domestic arbitration awards | The primary issue before the SCA in Motor Image Enterprises Pte Ltd v SCDA Architects Pte Ltd |
| The corroborative effect of lies | This commentary looks at the corroborative effect of lies in Kamrul Hasan Abdul Quddus v PP |
| Setting aside an international arbitration award based on deficient pleadings | The SHC in Kempinski Hotels SA v PT Prima International Development |
BUSINESS
| Changing rules on residential landed property developments | Developers keen to develop landed property sites should take note of the recent changes in the law and directions from the planning authorities which impose restrictions on landed properties. Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2011 |
| The Attorney-General's Keynote Speech at the Pacific Rim Advisory Council Conference 50th International Conference 2011 | The Attorney-General, Mr Sundaresh Menon, SC, delivered the keynote speech at the Pacific Rim Advisory Council Conference in October 2011 where he touched on the growing importance of public international law to commercial lawyers. Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2011 |
| Government imposes Additional Buyer's Stamp Duty on certain categories of residential property purchases from 8 December 2011 | The ABSD was implemented by the government on 8 December 2011 and is imposed over and above the existing Buyer's Stamp Duty on property purchases and will apply to the purchase price or market value of the property for certain purchases. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| Financial institutions to provide prescribed fact sheet when marketing residential property loans from 1 March 2012 | From 1 March 2012, banks, finance companies, merchant banks and direct insurers will be required to provide a fact sheet in the standardised format when marketing residential property loans to individual borrowers. This new requirement is set out in various MAS notices. Legal Bulletin, Allen & Gledhill LLP, Dec, 2011 |
| SFA and FAA Notices updated to set out exam details for representatives dealing/trading in/advising on Specified Investment Products | On 28 July 2011, the MAS announced the introduction of new requirements for intermediaries to formally assess an individual retail customer's investment knowledge or experience before offering certain investment products to the customer. These new requirements will apply to the sale of Specified Investment Products with effect from 1 January 2012. Financial Services Bulletin, Allen & Gledhill LLP, Nov, 2011 |
| MDA guidelines on maximum contract term and early termination charges for pay TV services effective from 1 March 2012 | The MDA issued the "Guidelines on Maximum Contract Term and Early Termination Charges for Pay TV Services Offered to Consumers" which are advisory in nature. The Guidelines are applied to all new and renewed residential pay TV contracts concluded on and after 1 March 2012. Legal Bulletin, Allen & Gledhill LLP, Nov, 2011 |
| IDA to introduce new licence fee structure in 2013 | The IDA announced a revision of the annual licence fees payable by its licensed Facilities-based Operators and Services-Based Operators (Individual,) where FBOs will see a reduction of between 20% and 75% in annual licence fees from 2013, while most SBOs will see a reduction of 20% in licence fees. Legal Bulletin, Allen & Gledhill LLP, Nov, 2011 |
| Recruitment trends: The Singapore legalscape in 2011 | Over the last two years, the legal sector has gone through a number of significant changes which has created a highly competitive environment and a dynamic legal landscape. This executive summary looks at these changes and also gives the salary guide for 2011. Hays Legal News, Hays Legal Recruitment, Dec, 2011 |
| TAFEP issues enhanced Tripartite Guidelines on Fair Employment Practices: Hiring and developing a Singaporean core | The Tripartite Alliance for Fair Employment Practices announced enhanced Guidelines on Fair Employment Practices which set out fair employment practices that employers are encouraged to abide by help prevent discrimination in the workplace. Legal Bulletin, Allen & Gledhill LLP, Nov, 2011 |
| New MAS Notice 307 on investment-linked insurance policies with effect 1 October 2011 | With effect from 1 October 2011, a new MAS Notice 307 on Investment-Linked Life Insurance Policies replaces the earlier Notice dated 2 September 2004 which was cancelled with effect from 30 September 2011. MAS Notice 307 sets out the mandatory requirements and non-mandatory standards in relation to disclosure, investment guidelines, borrowing limits and operational practices for investment-linked life insurance policies. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| MAS' response to feedback on public consultation on "Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance" | Following a 2010 public consultation on "Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance", the MAS has, on 14 October 2011, issued a response to the feedback received. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Christopher Bathurst Essay Prize Winners: "In international commercial arbitrations, what system of law should the arbitral panel apply to resolve disputes and why?" | The winner is Tng Sheng Rong. The joint runners-up are Vanessa Yeo and Christine Huang SAL News, Singapore Academy of Law, Nov, 2011 |
| Supreme Court consultation paper entitled "Review of Discovery in Civil Litigation" | On 19 October 2011, the Supreme Court announced a public consultation entitled "Review of Discovery in Civil Litigation". The consultation paper reviews the discovery process to ascertain whether it should be modified and updated to bring it in line with present and future business practices and needs. Legal Bulletin, Allen & Gledhill LLP, Oct, 2011 |
| Proposed Singapore data protection law: Further public consultation on "Do-Not-Call" registry | MICAhas issued a consultation paper relating to the setting-up of a Do-Not-Call registry. All organisations that send marketing messages would have to check their telephone number lists against the DNC registry to ensure that they do not make calls to any telephone numbers which have been registered. Legal Update, Drew & Napier LLC, Nov, 2011 |
| Latest developments: BCA Building Retrofit Energy Efficiency Financing Scheme, Green Mark certification, Building Control Act | This executive summary looks at the latest developments in government environmental initiatives. Legal News, WongPartnership LLP, Oct, 2011 |
