Court : Singapore Supreme Court
..... order 45 rr 7(6)-(7) go on to provide that the court nevertheless has the discretion to dispense with personal service or proceed with enforcement of the order despite a lack of personal service in certain circumstances: (6) an order requiring a person to abstain from doing an act may be enforced under rule 5 notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the court is satisfied that, pending such service, the person against whom or against ..... pertinently, s 2 of part 81 of the english cpr, which deals with committal for breaches of judgments or orders to do or abstain from doing an act, contains no provision requiring the applicant to obtain the court's permission before making an application for committal: see civil procedure vol 1 (sweet and maxwell, 2013) at para 81.4.1. 16. ..... the statement [under o 52 r 2] should clearly state when the injunction was obtained and the order served on the respondent, whether the order was served personally or by substituted service, and the specific acts committed by the respondent which are said to be in breach of the terms of the injunction. .....
Tag this Judgment!Court : Singapore Supreme Court
..... high court, the county courts, the courts having jurisdiction in bankruptcy in scotland and ireland, and every british court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of those courts respectively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the court seeking aid, with a request to another of the said courts, shall be deemed sufficient to enable the latter court to exercise, in regard to the ..... as a matter of singapore law, personal jurisdiction may be found when the putative defendant is physically within the jurisdiction at the time the writ is served on him (see s 16(1) of the supreme court of judicature act (cap 322, 2007 rev ed)) or when the requirements stipulated in o 11 of the roc have been met and leave has been given for a writ to be served on a defendant not physically within the confines of singapore. ..... thus, the plaintiff sought and obtained an order against citibank's london office under s 7 of the bankers' books evidence act 1879 (c 11) (uk), which provided as follows: on the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of .....
Tag this Judgment!Court : Singapore Supreme Court
..... the malaysian federal court for an opinion: do the words 'in such assumed character does or attempts to do any act under colour of such office' appearing in s 170 of the penal code refer only to such acts as could legally be done by a person who in fact and in truth holds such office or do such words also cover acts which fall outside the permitted limits of the actual authority or power conferred or vested in the public servant whose character ..... to hold any particular office as a public servant, knowing that he does not hold such office, or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both. ..... the case of biswanath mukherjee v state of west bengal [1966] lnind 1966 cal 206 ("biswanath"), the calcutta high court held that because of the phrase "under colour of such office" in s 170, the act done, or attempted to be done, must be an act which the accused could legally do under the colour of that office which he pretended to hold. 56. ..... a consent as is intended by any section of this code (a) if the consent is given by a person (i) under fear of injury or wrongful restraint to the person or to some other person; or (ii) under a misconception of fact, and the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception... .....
Tag this Judgment!Court : Singapore Supreme Court
..... however, for reasons which we will elaborate upon below, we substituted the order made by the dj pursuant to ss 113(6) and 127(1) of the act, with an order that husband pay to the wife a monthly maintenance amount of a$4,500 for a period of 30 months from april 2012 to october 2014, and ..... the english court of appeal there clarified (at 353) that the high court's power under s 28(1) of the matrimonial causes act 1950 (c 25) (uk) ("mca 1950") to "discharge or vary" orders made extended to backdating its reduced maintenance order even if that resulted in maintenance which had ..... 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 temporarily and to revive the operation of any provision so suspended", and in doing so to "have ..... the time of the malaysian reforms was the matrimonial causes act 1965 (c 72) (uk) ("mca 1965") as amended by the divorce reform act 1969 (c 55) (uk) and the matrimonial proceedings and property act 1970 (c 45) (uk), as well as the matrimonial causes act 1973 (c 18) (uk) ("mca 1973") which consolidated the ..... decision of gisela gertrud abe v tan wee kiat [1986] 2 mlj 297, the court affirmed the lower court's exercise of its power under s 83 of the malaysian act to vary a maintenance order retrospectively (in gisela gertrud abe v tan wee kiat [1986] 2 mlj 58). .....
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..... word, countersign or password, or any photograph, drawing, plan, model, article, note, document or information which (a) relates to or is used in a prohibited place or anything in such a place; (b) relates to munitions of war; (c) has been made or obtained in contravention of this act; (d) has been entrusted in confidence to him by any person holding office under the government; or (e) he has obtained, or to which he has had access, owing to his position as a person who holds or has held office under the ..... document or information knowing, or having reasonable ground to believe, at the time when he receives it, that the code word, countersign, password, photograph, drawing, plan, model, article note, document or information is communicated to him in contravention of this act, he shall be guilty of an offence unless he proves that the communication to him of the code word, countersign, password, photograph, drawing, plan, model, article note, document or information was contrary to his desire. 32 ..... board may carry on such activities as appear to the board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this act and, in particular, the board may exercise the following powers: (a) to act as an agent for the government or, with approval of the minister, for any person, body or organisation for the transaction of any business connected with the tourism enterprise; (g) to acquire, take on .....
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..... consultant in a construction contract is often called upon to perform two different types of duties: (1) in issuing certificates which determine the contractor's entitlement to be paid or deciding controversial matters such as valuation, he must act fairly and exercise his own judgment objectively; (2) in other matters, he is the agent of the owner and must look after the interests of the owner in the project: see chow kok fong, law and practice ..... own satisfaction.70 nevertheless, it was clear from his testimony that he had confused his general function as the plaintiff's professional engineer with his special function under the settlement agreement to act impartially and fairly in determining the scope of the rectification works and awarding the contract on the basis of the most reasonable quote received. 73. ..... and the award of the contract to crystallite be set aside.25 the thrust of the defendants' argument on this point was that chan was not independent and was controlled by or acting under the influence of the plaintiff and/or his agents, and had also materially departed from his instructions in awarding the tender to crystallite. ..... whether the defendants are entitled to an order that chan's award of the contract for the rectification works to crystallite should be set aside on the grounds that: (1) chan acted in bad faith or in a fraudulent or biased manner; or (2) chan had materially departed from the scope of his instructions as set out in the settlement agreement.35 36 .....
Tag this Judgment!Court : Singapore Supreme Court
..... . i do not consider it is right that there be simply a contractual obligation on an employer to act reasonably in the exercise of his discretion, which would suggest that the court can simply substitute its own view for that of the employer ..... . 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 eric strutz's email of 18 february 2009.39 24 ..... . however, no substantial submissions were made on this argument and i decline to express a view in this regard save to note that my finding that the defendant had reasonable cause to act the way it did is equally applicable here ..... . they asserted that dresdner bank had to act in a bona fide and rational manner, taking into account proper factors ..... that preserved the trust and confidence that an employee should have in his employer.98 the crux of this claim as set out in their pleadings was that the defendant breached the implied term of trust and confidence by acting contrary to the 18 august announcement ..... . the fact that the 18 august announcement was never contradicted is also strong evidence that dr jentzsch had acted within his authority ..... . the burden of proof therefore lies on the plaintiffs, for their case would fail if no evidence were given on either side: s 104 evidence act (cap 97, 1997 rev ed). 75 .....
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lee kim shin jc: 1. this was a long marriage of 28 years. the plaintiff ("the wife") and the defendant ("the husband") were married on 29 july 1985. they have two daughters, aged 28 and 24 years old. 2. the wife filed for divorce on the ground of unreasonable behaviour in 2013. interim judgment for divorce was granted on 9 april 2013 and made final on 15 april 2014. 3. the issues in the proceedings before me concerned the division of the parties' matrimonial assets and maintenance for the wife. 4. the main dispute in the division of the matrimonial assets was the veracity of an allegation by the wife that the husband had dissipated his assets. the wife alleged that the husband had dissipated his assets to the tune of $1.5m. i shall refer to this $1.5m as the "alleged dissipated sum" and the amount of the dissipated sum based on my findings as the "assessed dissipated sum". 5. while i was satisfied that some of the husband's assets were indeed unaccounted for, i was not convinced by the wife's allegation that there was dissipation to the extent of the alleged dissipated sum. after adding $320,233 to the matrimonial pool, being my finding as to the assessed dissipated sum, i awarded 40% of the matrimonial assets to the wife, and 60% of the matrimonial assets to the husband. 6. as regards maintenance for the wife, i found the expenses that she claimed at $5,000 per month to be unreasonably high. i assessed her claimable monthly expenses at $2,205. applying the formula used by .....
Tag this Judgment!Court : Singapore Supreme Court
..... on appeal, we did not disapprove of the high court's choice of multiplier, but substituted the award for lfe with a provisional damages award under para 16 of the first schedule to the supreme court of judicature act (cap 322, 2007 rev ed) in order to have time to assess more accurately the injured victim's employment prospects (see koh chai kwang v teo ai ling (by her next friend, chua wee bee) [2011] ..... review - a joint consultation paper was published by the department of justice, the ministry of justice and the scottish government wherein it was suggested that the rate of 2.5% might be too low (see damages act 1996: the discount rate (consultation paper cp 3/2013, 12 february 2013) at p 3): at present the discount rate is set by reference to the expected rates of return on certain types of safe investments. ..... in doing so, the court took note of counsel's submission (at [13]) that under the (now repealed) retirement age act (cap 274a, 1994 rev ed), the "normal retirement age" had been raised to 65 (this seems to have been a mistake as 60 was the correct figure at that time), but also took into account (at ..... the respondent pleaded guilty to a charge under s 65 of the road traffic act (cap 276, 2004 rev ed) of driving without due care or reasonable consideration ..... age (set at 60) was introduced in 1993 by the retirement age act 1993 (act 14 of 1993), and that retirement age has now been increased to 62: see s 4(1) of the retirement and re-employment act (cap 274a, 2012 rev ed). .....
Tag this Judgment!Court : Singapore Supreme Court
..... it was found by the criminal court that sentenced the wife to one year's imprisonment for her act of poisoning the husband that she was trying to get back at her husband as a result of the husband's ..... of appeal held at [25] as follows: bearing the above principles in mind, we were of the view that a "just and equitable" division of both the neptune court property as well as the sennett road property pursuant to s 112(1) of the act would (having regard to all the circumstances) be in the ratio of 40% to the wife and 60% to the husband. ..... i told the recorder that i did that as i could not tolerate my husband's acts of violence towards me as he had physically and mentally abused me in all of our 31 years of marriage. ..... therefore, i do not accept the husband's submission that the wife's act of poisoning him with arsenic serves to negate all her indirect contributions such that she should not obtain any share in the matrimonial ..... could the court take the conduct of the wife's act of arsenic poisoning into consideration on the issue of maintenance? ..... find myself unable to turn a blind eye to the wife's malicious act in arriving at the proper sum of maintenance to be awarded. ..... it is not the case that any act of misconduct of either spouse would give rise to a reduction in his or her share of the matrimonial ..... there is no relation between her act of poisoning him and her prior indirect contributions to the family and on this basis, such indirect contributions must still be recognised. .....
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