THE EFFECT OF A NON-ASSIGNMENT CLAUSE
THE EFFECT OF A NON-ASSIGNMENT CLAUSE

In Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd [2022] SGHC 2, the Plaintiff claimed to be the assignee of all “rights, benefits, interests, claims and titles” by way of a deed, and consequently, the proper plaintiff in this suit. The High Court held that the Plaintiff did not satisfy the preliminary issue of requisite standing to bring the claims. In doing so, the High Court considered the non-assignment clause and the effect of a purported assignment contrary to the clause.

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Xian Ying Tan
STAY OF PROCEEDINGS ON THE GROUND OF FORUM NON CONVENIENS WHERE THERE IS NO SUBSTANTIVE CLAIM OR CONTROVERSY IN THE ACTION
STAY OF PROCEEDINGS ON THE GROUND OF FORUM NON CONVENIENS WHERE THERE IS NO SUBSTANTIVE CLAIM OR CONTROVERSY IN THE ACTION

In TA Private Capital Security Agent Limited & another v UD Trading Group Holding Pte Ltd & another [2021] SGHCR 10, the High Court dismissed an application for a stay of proceedings on the ground of forum non conveniens under Order 12 Rule 7(2) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) as the applicant was not confronted by any substantive claim or controversy in the action.

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Xian Ying Tan
PURE OMISSIONS AND DUTY OF CARE REVISITED
PURE OMISSIONS AND DUTY OF CARE REVISITED

In the recent England and Wales Court of Appeal (“EWCA”) decision of Rushbond Plc v The JS Design Partnership LLP [2021] EWCA Civ 1889 (“Rushbond v JS Design Appeal”), the EWCA allowed the appeal and held that it was arguable that the case was not a “pure omissions” case.

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Xian Ying Tan
"KNOWLEDGE" UNDER SECTION 24A OF THE LIMITATION ACT
"KNOWLEDGE" UNDER SECTION 24A OF THE LIMITATION ACT

In Leow Peng Yam v Kang Jia Dian Aryall [2021] SGHC 275, the High Court held that knowledge within the meaning of Sections 24A(2)(b), 24(4)(b) and 24A(6)(a) of the Limitation Act (Cap 163, 1996 Rev Ed) must include a reasonable cognitive understanding of the information within the plaintiff’s possession. Hence, if the plaintiff did not have the sufficient cognitive function for the requisite knowledge, time would not begin to run for the purposes of the limitation period until the plaintiff had regained sufficient cognitive function.

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Xian Ying Tan
SETTING ASIDE REGISTRATION OF A FOREIGN JUDGMENT BY REASON OF “APPEAL”
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”).

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

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Xian Ying Tan