MCST cannot unilaterally determine damages payable for breach of by-laws

In MCST v Lian Tat Huat Trading Pte Ltd [2018] SGHC 270, the SHC held that the MC has to prove its loss suffered in Court in order to recover damages.

[GBR] Anti-suit injunction enforces the contractual agreement to arbitrate

In Catlin Syndicate v Weyerhaeuser Company, the English High Court found granted the claimant insurer an anti-suit injunction to restrain a non-EU defendant insured from breaching a contractually agreed arbitration clause.

Singapore Court of Appeal allows application by director to inspect company records pursuant to section 199 of Companies Act, finding no ulterior motive

In Mukherjee Amitava v DyStar Global Holdings (Singapore) Pte Ltd & Ors [2018] SGCA 57, the Court held that a director has an almost-presumptive right to inspect the company documents to the extent these fall within the ambit of s199 of the Companies Act. 

SHC: Winding up a company in record time despite claim of a dispute subject to arbitration

VTB Bank v Anan Group [2018] SGHC 250  concerns interesting and novel points of law, specifically on the standard of proof for a debtor company to show that there is a dispute, and therefore stave off winding up proceedings by a creditor, where the underlying contract is subject to arbitration.


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.

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