Singapore High Court declines to set aside an award on the basis that successful party withheld evidence

In BVU v BVX [2019] SGHC 69, the SHC refused to set aside an arbitral award on the basis that the successful party made a decision not to call certain witnesses to give evidence and to disclose certain internal documents.

CCCS clears proposed acquisition involving vertical distributors of packaged food and beverage products

The update sets out the reasons for the CSCC decision, which include the following: the buyers and targets were not sufficently close competitors, available of substitutes, etc.

Twin sisters in Simei green condo incident have their civil claims for battery, harassment and breach of confidence dismissed

Following a 5-day trial where both matters were heard, the Magistrate’s Court dismissed both civil claims by the sisters.

High Court clarifies bank’s duty to customer

In Koh Kim Teck, Smiling Sun Limited v Credit Suisse AG, Singapore Branch [2019] SGHC 82, the SHC found that there was no any investment advisory duty owed by the bank to its customer in either contract or tort.

IPOS Case Summary: Aalst Chocolate Pte Ltd v The Patissier LLP [2019] SGIPOS 7

The Principal Assisant Registar held that the Applicant has not established that the average consumer in Singapore would understand the Subject Mark (especially the French word element “Patissier”) to have a meaning in Singapore at the date of registration. 

Trade marks and trade names – Declaration of Invalidity

IPOS Case Summary: The Patissier LLP v Aalst Chocolate Pte Ltd [2019] SGIPOS 6

The IP Adjudicator found that that there was no evidence of any use of the Subject Mark in the exact form in which it had been registered.

Attempting to commercialise a patent before amendment can amount to seeking an unfair advantage

Singapore Shipping Association and Association of Singapore Marine Industries v Hitachi, Ltd. and Mitsubishi Shipbuilding Co., Ltd. [2019] SGIPOS 5 is the first time a Singapore tribunal has ruled that an attempt to commercialise a patent can amount to seeking an unfair advantage of the unamended patent.

Singapore Court examines implications of retention of title clauses

In Mitsubishi Corp RTM International Pte Ltd v Kyen Resources Pte Ltd [2019] SGHCR 6, the Court held that a seller could bring an action for the price of unapid goods under SOGA even though the seller retained title in the goods.  

“Strong cause” for non-exclusive jurisdiction clause cases

In Shanghai Turbo Enterprises Ltd v. Liu Ming [2019] SGCA 11, the SCA decided that the “strong cause” test as explained in the Vinmar case is to apply also to cases involving non-exclusive jurisdiction clauses…

Court dismisses action as shareholder lacked good faith

In Ozak Seiko Co Ltd v Ozak Seiko (S) Pte Ltd and another and other matters [2019] SGHC 34, the Court dismissed a 216A Application, finding that the applicant failed to meet any of the requirements.

Important Singapore judgment on collision liability

The decision in The “Mount Apo” and the “Hanjin Ras Laffan” [2019] SGHC 57 involved an in-depth analysis of the obligations under the International Regulations for Preventing Collisions at Sea 1972.

Tags: Shipping

Singapore Court of Appeal decides freight forwarders of counterfeit goods not liable for trade mark infringement

In Burberry Ltd v Megastar Shipping Pte Ltd and another appeal [2019] SGCA 1, the importer/exporter must intend to do the act constituting the infringing use with knowledge or reason to believe that there was a sign present on the goods.

IPOS Case Summary: Singapore Shipping Association and Association of Singapore Marine Industries v Hitachi, Ltd. and Mitsubishi Shipbuilding Co., Ltd. [2019] SGIPOS 5

For the first time in Singapore, the Registrar had to decide whether the discretionary factor of “unfair advantage” may be applied to a scenario of monetisation.

Novel decision on retention of property seized for investigations

In Lee Chen Seong Jeremy and others v Public Prosecutor [2019] SGHC 48, the SHC allowed the criminal revision and ordered that the CAD release the seized properties to the Petitioners.

Delayed detection of lung cancer – a patient’s suit against a hospital and its doctors’

Key implications of the Court of Appeal’s judgment of 26 February 2019 in the case of Noor Azlin bte Abdul Rahman v Changi General Hospital Pte Ltd and others [2019] SGCA 13 on medical practice and public sector hospital work systems.

Consciously uncoupling: Court of Appeal becomes conscious to unconscionability in BOM v BOK

This groundbreaking decision recognised and applied a narrow form of the doctrine of unconscionability in Singapore, which has wide-ranging implications for legal practitioners.

SICC: Unilateral mistake and algorithmic trading

The SICC in B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 3 held that to determine the state of mind of a person in a case where acts of deterministic computer programs are in issue, the relevant state of mind is that of the programmer of the software or that program, at the time the relevant program was written.

Journals Online: The problem with Rakna – The scope of the preclusive effect of Art 16(3) of the Model Law: Rakna Arakshaka Lanka v Avant Garde Maritime Services [2018] SGHC 78

This article explains why the decision to extend the preclusive effect of Art 16(3) of the the Model Law to a party that did not participate in the arbitration is erroneous.

Journals Online: Can a "persons unknown" injunction be deployed in the Singapore context?

This article looks at the use of such an injunction in the UK caselaw and whether it can be deployed in Singapore courts.

SCA: Proof of trusts In family settings

The SCA in Geok Hong Co Pte Ltd v Koh Ai Gek [2019] SGCA 15  reversed the decision of the High Court that a property registered in the name of a family-owned company was held on trust for one of the sons of the founder by way of a common intention constructive trust and proprietary estoppel.

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