SETTING ASIDE REGISTRATION OF A FOREIGN JUDGMENT BY REASON OF “APPEAL”

In the decision of Tan Hock Keng v Malaysian Trustees Bhd and another matter [2021] SGHC(A) 18, the Appellate Division of the High Court dismissed the appeal to set aside the registration of a consent judgment granted in Malaysia on the basis that there was no “appeal” within the meaning of Section 3(2)(e) of the Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) (“RECJA”).

Read More
Xian Ying Tan
STRIKING OUT A CLAIM UNDER THE CIVIL PROCEDURE RULES 1998

In the recent decision Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC), the Technology and Construction Court dismissed an application made to strike out the claim as disclosing no reasonable grounds for bringing the claim and/or because it is an abuse of process. The Court found that although there was need for further particularisation on some issues, the Particulars of Claim clearly disclosed a cause of action and reasonable grounds for bringing the claim.

Read More
Xian Ying Tan
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.

Read More
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”

Read More
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.

Read More
Xian Ying Tan