Court : Singapore Supreme Court
..... concluded that the section no longer operated as a condition precedent to the application of division 2 of part xi of the act: (a) the predecessor provision of s 365 of the act, s 329 of the companies act (cap 50, 1967 rev ed) ("the 1967 act"), was in substance identical to s 344 of the victorian 1961 act, which was the first provision of division 3 of part xi of the victorian 1961 act concerning foreign companies which had a place of business or which carried on business within the state. ..... s 350(2) were read strictly, it may be argued that as the provisions of division 2 of part xi concern foreign companies that are not incorporated under the act, s 377(3)(c) could not be imported pursuant to the second limb of s 350(2) so as to apply to the winding up of unregistered companies under division ..... in 2005, an australian judge sent a letter of request to the english high court pursuant to s 426(4) of the insolvency act 1986 (c 45) (uk) ("uk insolvency act 1986") - which applies only to a country designated by the secretary of state as a "relevant country" (which included australia) - asking that the provisional liquidators be directed to remit the realised assets ..... section 350(2) has two limbs: (a) the first limb makes it clear that the provisions of division 5 of part x of the act are in addition to provisions contained elsewhere that concern the winding up of companies; and (b) the second limb imports all those powers that are available to the court or a liquidator when winding .....
Tag this Judgment!Court : Singapore Supreme Court
..... . ; which shall be charged against the cpf monies; (a) the cpf board is hereby authorised to make payment of the charged amount to w in compliance with this order and generally do or cause to be done all acts, deeds and things whatsoever, which may seem to the board to be necessary or expedient to comply with this order, including but not limited to notifying w that the cpf board holds the said payment for w; and (b) ..... . subsequently, under cross- examination, h averred that madam pok never collected a salary from sindoko and that madam pok had stopped acting for the company in the aforementioned role slightly over a year after the incorporation of sindoko in 2005 .....
Tag this Judgment!Court : Singapore Supreme Court
..... that the facts were sufficient to rebut the presumption, chan j had impliedly accepted that the presumption under s 3 of the act applied to the facts even though the interest was not demanded by the plaintiff and was instead offered. ..... may appear harsh given that the plaintiff herself is a victim of a scam, "[t]he court has no alternative but to give effect to the draconian consequences of an infraction in the event that the [moneylenders act] is offended": city hardware pte ltd v kenrich electronics pte ltd [2005] 1 slr (r) 733 at [22]. ..... the surreptitious circumstances surrounding these loans give rise to a serious suspicion that the plaintiff was attempting to evade the application of s 3 of the act by separating the additional rewards from the loan agreements in the form of promissory notes. 49. ..... definition, the plaintiff can rebut the presumption under s 3 of the act either by showing that she is "an excluded money lender" which is defined under s 2 of the act or by showing that she was not in the business of moneylending. ..... i do not of course mean that a moneylender can evade the act by limiting his clientele to those whom he chooses to designate as "friends" or otherwise: it is a question of fact in each case ..... to decide whether the presumption under s 3 of the act was rebutted rather than whether the presumption applied in that ..... given that the presumption under s 3 of the act is now operative in the plaintiff's case, it falls on the plaintiff to rebut the presumption that she .....
Tag this Judgment!Court : Singapore Supreme Court
..... intended "to impose a tax upon incomes and to regulate the collection thereof'.1 the charging provision is s 10(1) of the ita which provides: charge of income tax income tax shall, subject to the provisions of this act, be payable at the rate or rates specified hereinafter for each year of assessment upon the income of any person accruing in or derived from singapore or received in singapore from outside singapore in respect of - (a) ..... of liquidation or otherwise; (iv)the appellant has failed to provide any legal basis to substantiate the supposed relationship between the insurance act and the ita; (v) the irrelevance of the insurance fund is particularly evident when considering the fact that the ita actually pre dated the insurance act; (vi)the appellant's allusion to a distinction between the insurance fund and shareholders' fund is misleading when there may be no ..... the respondent argues that the appellant's contention is unsustainable, for the following reasons: (a) the insurance act is irrelevant to the present appeal because: (i) assets which are acquired with the receipts of income would not necessarily be of a revenue nature; (ii) the purpose of the insurance act is not to govern the taxation of insurance companies but to regulate the insurance business; (iii) the insurance fund is merely ..... the appellant has also sought to rely on the solvency requirements prescribed by the insurance act to argue that the shares, which were used to meet the aforesaid solvency .....
Tag this Judgment!Court : Singapore Supreme Court
..... it follows from this inconsistency that evidence of the alleged collateral agreement was, in fact, inadmissible at the trial below (see s 94(b) of the evidence act (cap 97, 1997 rev ed); lemon grass pte ltd v peranakan place complex pte ltd [2002] 2 slr(r) 50 at [126]-[130]; and latham scott v credit suisse first boston [2000] 2 slr(r) 30 at [21]). 24. ..... other law for the time being in force in the british virgin islands, a company incorporated under this act has the power, irrespective of corporate benefit, to perform all acts and engage in all activities necessary or conducive to the conduct, promotion or attainment of the objects or purposes of the company, including the power to do the following - (g) guarantee a liability or obligation of any person and to secure any of its obligations by ..... it follows on the basis of these authorities (and leaving aside any question under the recently enacted foreign limitation periods act (cap 111a, 2013 rev ed), which was not cited by either party and appears in any event to have been inapplicable since this matter commenced prior to the operative date of that statute) that singapore law, ..... (2) subject to subsection (1), an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this act, shall not be brought after the expiration of 6 years from the date on which the right of action accrued. 53. .....
Tag this Judgment!Court : Singapore Supreme Court
..... fraud or mistake 29(1) where, in the case of any action for which a period of limitation is prescribed by this act (a) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; (b) the right of action is concealed by the fraud of any such person as aforesaid; or (c) ..... any claim against d2 for fraudulent misrepresentation would have been susceptible to the statutory time bar in s 6(1)(a) read with s 29 of the la: limitation of actions of contract and tort and certain other actions 6(1) subject to this act, the following actions shall not be brought after the expiration of 6 years from the date on which the cause of action accrued: (a) actions founded on a contract or on tort; postponement of limitation period in case of ..... on this point, again on the basis of the advice (or the lack thereof) which d1 and his mother received from wtt in relation to the issue of estate duty, i am satisfied that d1 had acted honestly and reasonably and ought to be excused under s 63 of 1985 ta for transferring one share each in eastern win, hup seng huat and tsm from the father's estate to ltse as a form of partial " ..... you would accept that boh chuan as co-administrator, did all he could in the circumstances, and acted reasonably in realizing the cash that he did on the days which he did to make the deposits .....
Tag this Judgment!Court : Singapore Supreme Court
..... (1) no appeal shall be brought to the court of appeal in any of the following cases: (a) where a judge makes an order specified in the fourth schedule, except in such circumstances as may be specified in that schedule; (b) [deleted by act 30/2010 wef 01/01/2011] (c) [deleted by act 30/2010 wef 01/01/2011] (d) where the judgment or order is made by consent of the parties; or (e) where, by any written law for the time being in force, the judgment or order of the high court is expressly declared to be ..... the rules of the supreme court 1970 (subsidiary legislation supplement no 59, 2 october 1970) ("the 1970 rules"), o 56 r 2 read thus: subject to the provisions of section 34 of the act an appeal shall lie to the court of appeal from any judgment, order or decision of a judge in chambers either with the leave of the judge or the court of appeal and not otherwise. ..... this was in turn deleted and substituted by another version of o 56 r 3(1) by s 194/1994: a party applying for leave under section 34 of the act to appeal against an order made, or a judgment given, by a judge must file his application (a) to the judge within 7 days of the order or judgment; and (b) in the event leave is refused by the judge, to the court of appeal within 7 days ..... the board shall give effect to the terms of this order in accordance with the provisions of the cpf act and the subsidiary legislation made thereunder; (d) the wife shall have the first option to purchase the husband's share of the matrimonial .....
Tag this Judgment!Court : Singapore Supreme Court
..... when confronted with such agreements, the court is empowered, by s 23(3)(b) of the moneylenders act, to "set aside either wholly or in part, or revise or alter, any guarantee or security given or the contract for the loan". ..... according to r 11(2) of the moneylenders rules 2009 (s 72/2009) read with s 23(6) of the moneylenders act (cap 188, 2010 rev ed), the maximum rate of interest for a secured loan granted to an individual whose annual income on the date of the grant of the loan is less than $30,000 is 13%. ..... she came to this court seeking, pursuant to s 127(1) of the land titles act (cap 157, 2004 rev ed), that the caveat be removed. ..... section 23(1) of the moneylenders act allows the court to "re-open" a transaction where it "is satisfied that the interest or late interest charged in respect of the loan is excessive and that the transaction is unconscionable or substantially unfair". ..... with the singapore [land] authority against the title of the flat and confirm that the lender has an interest in the sale proceeds of the sale of the flat under section 115 of the land titles act. .....
Tag this Judgment!Court : Singapore Supreme Court
george wei jc: 1. this is my judgment in respect of the ancillary matters in divorce transferred no 4659 of 2011. the parties have agreed on joint custody of the children with care and control to the plaintiff-wife ("the wife") with reasonable access to the defendant-husband ("the husband") and the matters which remain are the division of the matrimonial assets, maintenance for the wife and children, and the costs of these proceedings. there is also a secondary legal issue concerning whether the wife should be allowed to claim costs of a private investigation report from the husband. 2. after hearing the parties, my decision is that the wife is to receive 25% of the nett value of a property known as the [v] property in full and final satisfaction of her claim in the matrimonial assets. as for the issue of maintenance, the wife is awarded a nominal sum of $1 per month, and the children a sum of $9,500 per month. the maintenance for the children is to be borne equally by the wife and the husband; the husband is accordingly liable to pay $4,750 per month to the wife as maintenance for the children. the husband is to pay the wife $10,000 that being the cost the wife is allowed to claim for the private investigation report. the facts the parties and their marriage 3. the wife is 35 years old and is a dentist employed by [p] pte ltd, and holds the title of associate dental surgeon. the husband is 42 years old and is employed by [u], and holds the title of regional chief investment .....
Tag this Judgment!Court : Singapore Supreme Court
..... he argues that it is clear from s 69(3)(b) of the act that any application for maintenance of a child above 21 years of age has to be made by the child and not the parent. ..... section 69(3) of the act states as follows: (3) an application for the maintenance of a child under subsection (2) may be made by (a) any person who is a guardian or has the actual custody of the child; (b) where the child has attained the age of 21 years, by the ..... this consideration of each party's share of the matrimonial assets when deciding the appropriate award of maintenance is permitted by the women's charter (cap 353, 2009 rev ed) ("the act") (see, in particular, s 114(1)(a) of the act). 47. .....
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