While remote hearings have become common due to COVID-19, it is not always necessarily appropriate for hearings to be conducted remotely. One such case is Wang Xiaopu v Koh Mui Lee & 2 Ors [2022] SGHC 54 (“WX v KML”), where the General Division of the High Court rejected an application for leave under s 62A of the Evidence Act for a witness to give evidence via video-link.
Read MoreIn Phoenixfin Pte Ltd v Convexity Ltd [2022] SGCA 17, the Court of Appeal upheld the decision to set aside part of the arbitral award, holding that, among others, there was a breach of natural justice, as the respondent did not have a full opportunity to address the Penalty Issue which was unpleaded and for which evidence had not been led during trial.
Read MoreIn CLM v CLN and others [2022] SGHC 46, the General Division of the High Court granted, among others, a proprietary injunction prohibiting the dealing with, disposal of, or the diminishing of value of allegedly stolen cryptocurrency assets. In addition, the Court held that the Court had jurisdiction to grant interim orders against persons whose identities are presently unknown. In this blog, we highlight some key points.
Read MoreAre provisions for contractual interest and contractual default interest penalty clauses? In Alternative Advisors Investments Pte Ltd and another v Asidokona Mining Resources Pte Ltd and another [2022] SGHC 41 (“AAI v Asidokona”), the High Court held that the contractual interest clause concerned a primary obligation that was not regulated by the rule against penalties, while the rate under the contractual default interest clause had not been proven by the defendants to so “extravagant and unconscionable” as to constitute a penalty clause in law.
Read MoreIn An Guang Shipping Pte. Ltd. (Judicial Managers Appointed) & 39 Ors v Ocean Tankers (Pte.) Ltd (In Liquidation) [2022] SGCA 13, the liquidators of an insolvent company failed in their application to strike out a notice of appeal. The liquidators had contended that the appellants had failed to obtain the leave of court under s. 133(1) of the Insolvency, Restructuring and Dissolution Act 2018 before taking up the appeal. This was rejected by the Court of Appeal.
Read MoreCan a partner dissolve a partnership by serving notice on the other partner? And when would the court step in to appoint a liquidator / receiver for a partnership? These issues are addressed in Tan Huah Sun v Tan Huah Tai & Anor [2022] SGHC 29.
Read MoreIn POA Recovery Pte Ltd v Yau Kwok Seng and others and another appeal [2022] SGHC(A) 2, the Appellate Division of the High Court had the opportunity to consider, among others, whether a special purpose corporate entity incorporated solely for the purpose of bringing litigation had locus standi as an assignee to sue.
Read MoreIn Lachman’s Emporium Pte Ltd v Kang Tien Kuan (trading as Lookers Music Café, a sole proprietorship) [2022] SGHC 19, the General Division of the High Court dismissed a summary judgment application on the basis that the defendant has established a bona fide defence of the frustration of the parties’ shared purpose of using the premises in question as a music lounge.
Read MoreIn Sai Wan Shipping Ltd v Landmark Line Co, Ltd [2022] SGHC 8, the High Court was confronted with a Second/Final Arbitration Award dated 27 May 2021 (the “second award”) which was made by the arbitrator without receiving any evidence or submissions from a party, excluded by reason of an earlier peremptory order made by the arbitrator. The second award was set aside for being made in breach of natural justice that prejudiced that party’s rights.
Read MoreIn Debenho Pte Ltd & Anor v Envy Global Trading Pte. Ltd. & Anor [2022] SGHC 7, the Singapore High Court had to consider whether the defendant should be permitted to stay civil proceedings brought against the defendant on the basis that, among others, the defendant also faces criminal proceedings arising out of the same facts.
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