In Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440, the England and Wales Court of Appeal (Civil Division) dealt with whether an exclusion clause excluded liability for wasted expenditure arising out of wrongful repudiation in addition to excluding liability for loss of profit/savings/revenue.
Read MoreIn Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP and another appeal [2022] SGCA 28, the Court of Appeal upheld the Judge’s decision to strike out the Injunction Applications brought by the directors in the Companies’ names as they had no authority nor the sanction to challenge the interim judicial managers’ appointment of solicitors.
Read MoreIn Thio Keng Thay v Sandy Island Pte Ltd [2022] SGHC 69, the General Division of the High Court dealt with a range of issues concerning claims for damages for defects.
Read MoreThe Court of Appeal in Rothstar Group Ltd v Leow Quek Shiong and other appeals [2022] SGCA 25 had the opportunity, for the first time, to consider whether the grant of security for the existing indebtedness of a third party can constitute a transaction at an undervalue within the scope of Section 98 of the Bankruptcy Act (Cap 20, 2009 Rev Ed) (“BA”).
Read MoreWhile 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 More
