Voluntary arrangements in bankruptcy – extension and revocation

In Re Aathar Ah Kong Andrew [2018] SGHC 227, the SHC held that it did not have the power to grant an extension of the interim stay order.

Court of Appeal upholds setting aside of investor-state arbitral award

Swissbourgh Diamond Mines (Pty) Limited and others v Kingdom of Lesotho [2018] SGCA 81 was the first time the Singapore courts allowed an application to set aside an investor-State arbitration award on the merits.

IPOS Case Summary: Chicago Mercantile Exchange Inc. v Intercontinental Exchange Holdings, Inc. [2018] SGIPOS 20

It was held that the average consumer of the services in Singapore could not fail to be informed immediately by its use of the intended purpose and nature of the particular financial services. 

Journals Online: Novel issues of litigation and without prejudice privilege in multi-party civil proceedings

This article discusses the novel issues raised by United Overseas Bank Ltd v Lippo Marina Collection Pte Ltd [2018] 4 SLR 391.

Arbitration clause in shareholders’ agreement does not preclude Court proceedings for same relief under Articles

In BTY v BUA and other matters [2018] SGHC 213, the issue was whether or not the matter should proceed to litigation or arbitration. 

Directors and the scope of fiduciary duties

The SHC in Winsta Holdings Pte Ltd and another v Sim Poh Ping and others [2018] SGHC 239 found that the Sim family had in fact breached their fiduciary duties.

Transactions in breach of the financial assistance regime

International Healthway Corp Ltd v The Enterprise Fund III Ltd and others [2018] SGHC 246 is the first reported decision applying the Companies Act to void transactions where a company has purported to purchase its own shares.

Warner-Lambert Company LLC (Appellant) v Generics (UK) Ltd t/a Mylan and another (Respondents/ Appellants/ Appellants) [2018] UKSC 56 (on appeal from [2016] EWCA Civ 1006)

This appeal raises the question of how the concepts of sufficiency and infringement are to be applied to a “Swiss-form patent” relating to a specified medical use of a known pharmaceutical compound.

Regency Villas Title Ltd and others (Respondents/Cross-Appellants) v Diamond Resorts (Europe) Ltd and others (Appellants/Cross-Respondents) [2018] UKSC 57

The Supreme Court granted the Respondents an easement to use of all the sporting and recreational facilities within the Park and ancillary rights and damages relating to use of the easement.

Singapore High Court affirms admiralty practice that deposits retained from aborted sheriff’s sale of vessel belong to claimants

The Swiber Concorde [2018] SGHC 197 affirms the commitment of the Singapore courts to provide a user-friendly forum to the maritime community in line with commercial expectations.

Tags: Shipping

Examining the enforceability of restraint of trade clauses

In Powerdrive Pte Ltd v Loh Kin Yong Philip and others [2018] SGHC 224, the Court found the scope of the ROT clause unreasonably wide and struck out the claim against 5 former employees and their new employer.

Can a witness give testimony by video link from overseas to avoid potential prosecution in Singapore?

In Anil Singh Gurm v J S Yeh & Co and another [2018] SGHC 221, the Court held that the fear of prosecution alone is not sufficient to dispense with having the witness attend in person.

Journals Online: Reformulating the rules on director liability exclusions in Said v Butt: PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd [2018] 1 SLR 818 [Case Note]

The judgment left the position on personal liability for a company’s tortious acts significantly different. This note argues that the position in tort should be brought in line with that for contract.

Journals Online: [GBR] Retaining the Catnic/Improver approach in patent law: Why Singapore should not adopt the doctrine of equivalents

Although the SCA has declined to adopt the doctrine, it is prudent for our legislators to consider whether it should be introduced if it furthers Singapore’s aspiration to be a global IP hub in Asia.

Lessons from the Jurong Aromatics case: non-assignment, crystallisation and set-off

The case of Jurong Aromatics Corp Pte Ltd (receivers and managers appointed) and others v BP Singapore Pte Ltd and another matter [2018] SGHC 215 is significant as it makes important distinctions.

Journals Online: Assessing the effectiveness of sentencing guideline judgments in Singapore issued post-March 2013 and a guide to constructing frameworks

To assist lawyers involved in proposing sentencing frameworks, the article ends with a table of the 60-odd guideline judgments that have been issued in these past 5 years.

Journals Online: The unfounded fears towards equal division of matrimonial assets in Singapore

This article proposes that the division of matrimonial assets should be streamlined into a single approach by inclining towards equality while providing a discretion for judges where the outcome is inequitable.

China sportswear manufacturer is the first foreign company to be placed under judicial management in Singapore

The case is the first of its kind under the new amendments to the Companies Act introduced in 2017, which extended Singapore’s judicial management regime to foreign companies.

Journals Online: [INT] Implications of reposting copyright material online and Svensson distinguished in CJEU Judgment: Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634

The earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.

Journals Online: Reasonable confusion – What Audi did to Audi: Audi Construction Pte Ltd v Kian Hup Construction Pte Ltd [2018] 1 SLR 317

This commentary looks at the case against the backdrop of decisions both prior to and in the wake of it and examines the ramifications of the Court of Appeal’s decision.

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