Court : Singapore Supreme Court
Decided on : Jan-02-2014
..... showroom. 36. after reviewing the draft, the plaintiff wrote back on 7 and 8 march 2011 with queries on specific clauses and with proposed amendments. thus began the process of negotiating specific terms of a sub-lease for the premises. the defendant included a clause in the draft sub- ..... from fraudulent misrepresentations. it is however convenient for the analysis which follows to refer to three mutually-exclusive categories of misrepresentation: innocent, negligent and fraudulent. the act attaches liability in damages for negligent misrepresentation but not for innocent misrepresentation. john cartwright, misrepresentation, mistake and non disclosure (sweet and maxwell, 3rd ed, 2012 ..... in its decision in hedley byrne. in 1967, the english parliament created a statutory exception to this general rule in s 2(1) of the act. both exceptions apply to innocent misrepresentations which are made negligently. but the two exceptions are subject to different criteria. four of those differences are .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Jan-07-2014
..... of their terms of employment pursuant to the following clause in their employee handbook:43 variation of terms and conditions the terms and conditions of this handbook may be amended at any time and from time to time, at the bank's sole discretion. 27. however, i am not persuaded that this applies to the current facts. ..... call any witness to rebut dr jentzsch's recollection of the meeting. the fact that the 18 august announcement was never contradicted is also strong evidence that dr jentzsch had acted within his authority. in fact, as observed at [41] above, he went on, again on behalf of dkib, to inform allianz a month later that "[a] ..... the plaintiffs' emphasis was on the latter allegation, with the former receiving little attention in the submissions. the defendant responded by noting that it and dresdner bank had acted reasonably and with proper cause in the light of the difficulties and losses they were facing at the time, which were communicated to the employees in martin blessing and .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Jan-07-2014
..... still not be granted as the application is grossly out of time. our analysis the law 7. on 15 november 2010, amendments were made to the scja vide the supreme court of judicature (amendment) act 2010 (no 30 of 2010). the amendments material to this application took the form of a re-worded s 34, as well as the insertion of the fourth and ..... in admiralty actions specifically. given that the report of the law reform committee to review and update the supreme court of judicature act and the subordinate courts act (31 july 2009) ("the report") and the singapore parliamentary debates on the proposed amendments ("the parliamentary debates") do not mention admiralty matters generally, the applicant submits that this is clearly not an area which the .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-14-2014
..... would suffer if the documents and correspondence were disclosed. 18. as a result, the ar allowed the plaintiff's application (subject to some minor amendments). the minor amendments concerned limiting the meaning of the phrase "agent to the defendant's agents referred to in the pleadings". 19. on 7 august 2013, the ..... provisions relating to wrongful communication of information, falsification of reports, forgery, personation and possession of false documents will apply to these organisations. the president can amend this schedule from time to time by notification in the gazette. sir, mha has consulted all the ministries to identify the statutory bodies under their charge ..... relations (relating to an employment dispute) was not an affair of state. finally, life insurance corporation was an indian case from the high court of punjab and haryana on s 123 of the indian evidence act 1872, where it was held that an annual confidential report of an employee did not attract the privilege. 78 .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-17-2014
..... has been misrepresentation, mistake of fact or a material change of circumstances. this apparent discrepancy can be traced to the women's charter (amendment) act 1996 (act 30 of 1996) ("the 1996 amendment"). before the 1996 amendment, the provision governing the court's power to vary or rescind a maintenance order for children was identical to s 118. however, this ..... 118 was introduced into our legislation through s 108 of the women's charter (amendment) act 1980 (act 26 of 1980). it is identical to s 83 of the malaysian law reform (marriage and divorce) act 1976 (act 164 of 1976) ("the malaysian act"). section 83 of the malaysian act is, in turn, one of the provisions introduced to "give the court necessary ..... now s 31 of the mca 1973. both s 31 of the mca 1965 and s 31 of the mca 1973 (prior to its amendment by s 6 of the matrimonial and family proceedings act 1984 (c 42) (uk)) empowered the court to "vary or discharge the [financial provision] order or to suspend any provision thereof .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-24-2014
..... or by any woman on her own life and expressed, before the date of commencement of section 10 of the insurance (amendment) act 2009, to be for the benefit of her husband or of her children or of her husband and children or any of them, ..... of assurance effected by any man on his own life and expressed, before the date of commencement of section 10 of the insurance (amendment) act 2009, to be for the benefit of his wife or of his children or of his wife and children or any of them, ..... ) ("clp a"). given that the wife was nominated as a beneficiary before the commencement of s 10 of the insurance (amendment) act 2009 on 1 september 2009, i agree with mr siow that s 73 of the clpa is applicable to the present case ..... gift, by its very nature, is always acquired by one spouse during a marriage, and thus falls under s 112(10)(b) of the current act, ... therefore, all inter- spousal gifts fall under s 112(10)(b) and are matrimonial assets without the need to satisfy any further conditions . .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-26-2014
..... assessments where fraud or wilful default has been committed by any person in connection with or in relation to tax (now found in s 74(2) of the act). subsequent amendments altered the limitation periods for issuing additional assessments, but the primary substance of the provision remained unchanged. 142. in our judgment, there were two cumulative difficulties ..... constrained the invocation of s 260 by the commissioner of taxation, eventually precipitated the passage of the income tax laws amendment bill (no 2) 1981, which replaced s 260 with part iva of the australian act for schemes entered into or carried out after 27 may 1981. part iva dispensed with the previous jurisprudence and applies to ..... . a distinction should be drawn between the issuance of an additional assessment under s 74(1) and the amendment of an assessment, which is deemed to be final and conclusive under s 84(1) of the act if no valid notice of appeal has been lodged within 30 days of the date of the refusal of the .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-26-2014
..... of circulation" for a substantial period of time. the dpp relied on the following speech of the minister for home affairs in moving the misuse of drugs (amendment) act 1998 (act 20 of 1998), which introduced a number of changes including statutory minimum sentences for repeat drug consumption (see singapore parliamentary debates, official report (1 june 1998 ..... families and are a financial burden to their family members. they are bad role models, especially if they are fathers or mothers. that is why the act is amended to provide for long-term imprisonment and caning for hardcore addicts. this serves a number of objectives. firstly, by putting these addicts out of circulation ..... the sentencing powers of the court in dealing with persistent or habitual offenders so that they may be kept in custody for longer periods. .the purpose of the amendment [clause 3] ... is to ensure that a person who has committed multiple offences will receive a longer sentence than one who commits a single offence. [ .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-26-2014
..... the division applies only if a foreign company has a place of business or is carrying on business in singapore. the amended 1986 bill was passed by the companies (amendment) act (act no 13 of 1987) ("the 1987 amendment act"). section 365, as reworded, was meant to address the logical inconsistency between ss 365 and 368. but, in addition ..... with the judge's analysis and his conclusion. the judge placed considerable emphasis on the deletion of the word "only" in s 365 by the 1987 amendment act. in our judgment, that deletion was a slender and ultimately inadequate thread from which to hang the judge's conclusion that s 365 was thereafter no ..... company to register within one month after establishing a place of business or commencing to carry on business in singapore, was amended by the companies (amendment) act 1984 (act 15 of 1984). section 322 after the amendment obliged a foreign company to register before it established a place of business or commenced carrying on business in singapore (at .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : Feb-27-2014
..... exactly what "confidential information" invenpro was asserting, but this was eventually resolved, and i set out briefly the procedural history behind this confusion. 94. in its final amended statement of claim dated 17 march 2011 ("the final soc"), invenpro identified its confidential information as including: (a) the novel carrier assembly; (b) a solution to ..... he was able to recalibrate the machine for use with new coinage. in this context, jacob j (as he then was) rejected the argument that the act of reverse engineering the computer code amounted to breach of confidence. several reasons were advanced, including the general principle that the lawful owner of the machine was ..... . the burden lies on the claimant to establish the elements of defamation. it follows that the claim for defamation in the present case is based on an act of publication taking place outside jurisdiction. this court is, of course, aware that with the advent of the internet, email, websites etc, the question of .....
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