CONTRACTUAL INTERPRETATION: ENTITLEMENT TO BE PAID UPON “VALUE REALISED”

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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Xian Ying Tan
STRIKING OUT DEFENCE AND COUNTERCLAIM FOR BREACH OF "UNLESS ORDER"

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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Xian Ying Tan
THE EXERCISE OF DISCRETION BY JUDICIAL MANAGERS

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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Xian Ying Tan
LAWFUL ACT ECONOMIC DURESS – PAKISTAN INTERNATIONAL V TIMES TRAVEL

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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Xian Ying Tan