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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.

“All-monies mortgage” – form and also substance

In Oversea-Chinese Banking Corp Ltd v Yeo Hui Keng (Tan Peng Chin LLC, third party) [2019] SGHC 45, the SHC ruled against a party seeking to invalidate an “all-moneys” mortgage between her and the bank via the doctrine of non est factum

Singapore Court of Appeal reverses High Court finding of breach of natural justice by adjudicator

In Glaziers Engineering Pte Ltd v WCS Engineering Construction Pte Ltd [2018] SGCA 66, the SCA explained in detail the natural justice principle that parties are entitled to a fair hearing in the context of Adjudication under the SOPA.

CCCS clears proposed acquisition in the building materials industry

The CCCS cleared the proposed US$7 bn acquisition by Gebr. Knauf KG of USG Corporation as it would unlikely lead to a substantial lessening of competition within the relevant markets in Singapore.

Court of Appeal disallows anti-suit injunction due to delay

In Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd [2019] SGCA 10, the CA clarified that an anti-enforcement injunction is a relief that will only be granted in exceptional circumstances..

The phenomenon of ""legal fakes"": A supreme contradiction?

One common way in which a brand might be regarded as a "legal fake" is when the "fake" brand obtains a trade mark registration in a market where the original has yet to expand into or obtain trade mark registrations in.

Three observations arising from the Court of Appeal’s decision in PP v Gobi a/l Avedian [2018] SGCA 72

This short article examines those observations and concludes that the SGCA may have set too high a threshold for rebutting the the presumption of knowledge under s 18(2) of the MDA.

IPOS Case Summary: Guess?, Inc v Jen, Chi [2019] SGIPOS 3

The Registrar found that the Application Mark is more dissimilar than similar to each of the Opponent’s earlier marks.

Recent cases concerning building and construction law in Singapore

This case update discusses 3 recent SHC cases concerning the absence of an EOT clause, estoppel under SOPA and performance bonds.

Singapore High Court confirms permissibility of litigation funding for insolvency claw-back claims in context of bankruptcy

In Re Fan Kow Hin, the SHC held that funding agreements that have the effect of assigning and selling a proportion of the benefits or proceeds of insolvency claw-back claims are permissible in the context of bankruptcies.

Court rules online gambling offence to be deserving of harsher punishment than offence under Common Gaming Houses Act

In PP v Elger Kua Meng Tern [2019] SGMC 5, the accused pleaded guilty to using his office premises as a common gaming house, and for providing a Singapore-based remote gambling service.

Exclusive means exclusive

In Vinmar Overseas (Singapore) Pte Ltd v PTT International Trading Pte Ltd [2018] 2 SLR 1271, the SCA overruled at least four of its own previous judgments given over 20 years.

Tags: Shipping

Where is justice best served?

In IM Skaugen SE and another v MAN Diesel & Turbo SE and another [2018] SGHC 123, the SHC held that the availability of the SICC favoured Singapore as the more appropriate forum to hear the dispute.

Tags: Shipping

Can an arbitral award be issued against minors?

In BAZ v BBA and others [2018] SGHC 275, the SHC set aside an award against the minors, noting that it would violate the protection given to minors in contractual relationships under Singapore law.

SingHealth and IHiS case: PDPC Decision notes breaches of the protection obligation in the healthcare sector

In Re Singapore Health Services Pte Ltd & Ors [2019] SGPDPC 3, the Commissioner ruled that SingHealth and IHiS failed to protect the personal data of individuals, in violation of s24 of the PDPA.

Developments in international arbitration, construction & projects in 2018

2018 saw many advancements in the areas of International Arbitration, Construction & Projects. In this Update, we look at some of the noteworthy ones.

Analytical framework for sentencing: Harm, culpability and aggravating/mitigating Factors

This article surveys the recent Supreme Court judgments with regard to the analytical framework for sentencing.

IPOS Case Summary: Swatch AG (Swatch SA) (Swatch Ltd) v Apple Inc. [2019] SGIPOS 1

The Opponent failed to prove that the mark was similar and that consumers would be confused.

Supreme Court Case Summary: SCK Serijadi Sdn Bhd v Artison Interior Pte Ltd [2019] SGCA 05

CA holds that a judgment creditor does not become a secured creditor by virtue of having served a garnishee order nisi on a garnishee before a judgment debtor is placed under winding up.

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