In Glenville, Chantell v Quek Swee Chong and another [2021] SGHC 237, the High Court held that the Writ of Summons which expired on a Saturday, a non-working day, was validly served on the following Monday, which was the next working day.
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In Nambu PVD Pte Ltd v UBTS Pte Ltd [2021] SGCA 98 (“Nambu v UBTS”), the Court of Appeal dealt with when a contract may be “supplemented” by additional terms pursuant to a previous course of dealing between the parties or by way of incorporation by reference.
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Ishan Anoop Sakraney v Ameet Nalin Parikh and another matter [2021] SGHC(A) 12 concerned an appeal from the decision of the High Court. The dispute turned on whether, on a proper construction of Clause 4.2 of the contract in question, a party who completed his obligations within the relevant period was only entitled to be paid upon the other party’s receipt of the sale proceeds.
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In Saxo Bank A/S v Innopac Holdings Limited [2021] SGHC 214 (“Saxo v Innopac”), the High Court upheld a decision to strike out the defendant’s defence and counterclaim and to enter judgment for the plaintiff due to the defendant’s repeated failures to comply with its discovery obligations, including those subject to an “unless order”
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In an ex tempore judgment, the Court of Appeal in Yihua Lifestyle Technology Co, Ltd and another v HTL International Holdings Pte Ltd and others [2021] SGCA 87 dismissed the Shareholders’ appeal to displace the discretion exercised by the Company’s judicial managers in choosing to sell the asset in question to the first respondent instead of another prospective buyer.
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In the recent High Court decision of Mah Kiat Seng v Attorney General Chambers & 2 Ors [2021] SGC 202 (“Mah Kiat Seng”), the High Court dealt with the issue of whether video recordings that were made by and belong to the government could be withheld from discovery and production.
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In CNA v CNB and another and another matter [2021] SGHC 192, the High Court held that the plaintiffs’ applications to set aside the arbitral award was not time-barred because the timeline was extended by an earlier application of one of the plaintiffs to correct and/or interpret the award.
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It is not common to come across a case of duress. In the recent United Kingdom Supreme Court (“UKSC”) decision of Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 (“Pakistan International”), the UKSC considered whether a party can set aside a contract on the ground that it was entered into because of the other party threatening to carry out a lawful act.
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In Cheung Teck Cheong Richard and others v LVND Investments Pte Ltd [2021] SGCA 77, the Court of Appeal overturned the High Court’s decision to stay the proceedings in favour of arbitration, finding that there was no arbitration agreement, whether ad hoc or otherwise. The Court of Appeal also disagreed with the High Court’s observations in obiter, stating that Section 4(6) of the Arbitration Act (Cap 10, 2002 Rev Ed) (“AA”) is limited in its application and “cannot be construed to permit the creation or formation of a new arbitration agreement through the operation of its deeming effect”.
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In Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) (“Eco World v Dobler”), the English Technology and Construction Court dealt with the issue of whether the liquidated damages provision in question is void and/or unenforceable because it does not contain any mechanism for reducing the amount of liquidated damages in the event of partial possession in advance of practical completion.
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