Law. Faith. Justice. Community. Culture.
Hewlett-Packard Singapore (Sales) Pte Ltd v Chin Shu Hwa Corinna [2016] SGCA 19
Significance: Singapore Court of Appeal grants appeal to Hewlett-Packard who argued that a new commission remuneration metric was not ambiguous and that the scenario in question did not fall within the said metric entitling its ex-employee a substantially higher commission payment. Court clarifies and explains the principles on contra preferentem, among other things.
Petroships Investment Pte Ltd v Wealthplus Pte Ltd [2016] SGCA 17
Significance: Singapore Court of Appeal holds that shareholders’ derivative actions–whether statutory or common law actions–are not available as regards companies in liquidation.
Peh Yeng Yok v Tembusu Systems Pte Ltd [2016] SGHC 36
[14]: A search order is a draconian measure and will only be granted if necessary in the interests of justice. In line with this overriding principle of necessity, a plaintiff applying for a search order must show that:
(a) there is an extremely strong prima facie case;
(b) the damage that would be suffered if a search order was not granted is very serious;
(c) there is a real possibility that the defendant(s) would destroy relevant documents; and
(d) the effect of the search order would not be out of proportion to the legitimate object of the order.
See Asian Corporate Services (SEA) Pte Ltd v Eastwest Management Ltd (Singapore Branch) [2006] 1 SLR(R) 901 (“Asian Corporate Services”) at [14].
Accent Delight International Ltd v Bouvier, Yves Charles Edgar [2016] SGHC 40
Significance: High Court held on application of Spiliada principles and the doctrine of forum non conveniens that Singapore proceedings should not be stayed in favour of Switzerland because, among other reasons, the plaintiffs may not be able to pursue their substantive claims under Swiss law. The Court also considered that the purported disadvantages of having the dispute determined in Singapore are neutralised by having the dispute heard in the Singapore International Commercial Court.
Finance Minister Heng Swee Keat made his inaugural Budget speech in Parliament today. Access the full speech here. The broad structure and summary of his speech is as follows:
Significance: Singapore Court of Appeal clarifies the legal and conceptual basis for awarding and quantifying damages pursuant to a breach of a lease agreement. Court held that claims for expectation and reliance losses as damages for breach of contract are mutually exclusive.
The Mental Capacity (Amendment) Bill, Bill No. 11/2016 was passed on 14 March 2016. The key changes are:
(1) allowing the appointment of professional donees and deputies;
(2) better protection of individuals lacking mental capacity from abuse or exploitation by donees or deputies by expanding the grounds for a court to revoke an LPA or appointment of deputy;
(3) to clarify the protection of donees, third parties who deal with donees and purchasers claiming through the third parties where donees and third parties did not know that the LPA or power under the LPA is non-existent, revoked or suspended;
(4) improve operations of the Office of the Public Guardian which oversees the Act.
Public Prosecutor v Chua Siew Wei Kathleen [2016] SGHC 33
Significance: Singapore High Court orders retrial of criminal matter as it found that the trial judge: (1) had unfairly restricted the ambit of the prosecution’s cross-examination and impeded their ability to present their case fully; (2) had also impaired his own ability to evaluate and weigh the case presented by each side; (3) had failed to consider essential pieces of evidence in the course of arriving at his conclusion and had therefore arrived at findings which are, in all the circumstances, against the weight of the evidence.
In this book, which was based on extensive research and interviews, Gobillot declares that existing ways of leadership may become irrelevant in the light of 4 major societal trends. Leaders must shift their emphasis to fostering social engagement by valuing conversations, working on the contribution they make to the community rather than the direction they give to the community, and develop executive maturity to see mass participation as an opportunity to create value rather than a threat to their existence.
Polo/Lauren Co LP v United States Polo Association [2016] SGHC 32
Significance: Singapore High Court holds that US Polo Association’s trade mark is not so similar to Polo Lauren’s trade mark.
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