Court : Singapore Supreme Court
..... necessary, therefore, to bear in mind that this infinitesimal risk of catastrophic harm arose in the course of the defendants' operating and regulating a public good - namely, public transport - which carries very high social utility for a broad spectrum of society. an injury rate of 1 per 119.90m passenger trips (the equivalent ..... this particular mrt train entered the station was a reasonable speed considering the improbability of track intrusions balanced against having a mass rapid system capable of transporting the public efficiently. crowd control at amk station 134. a similar answer applies to the plaintiff's contention that the defendants failed to provide ..... particular point was also noted during a parliamentary debate in september 2009, where the issue of accidents at mrt stations was considered. the then minister for transport, mrs lim hwee hua, addressed a suggestion that half-height railings be erected at station platforms. she stated that the lta's preliminary risk assessment .....
Tag this Judgment!Court : Singapore Supreme Court
..... 166 (1993); agrawest investments ltd v bma nederlandbv [2005] peij no 48; morran v carbone [2005] oj no 409; etr concession co v ontario (minister of transportation) [2004] oj no 4516; cooper v deggan [2003] bcj no 1638). in particular, the british columbia court of appeal in gulf canada resources ltdv arochem int' ..... according to york-antwerp rules 1974. paramount clause: this bill of lading shall be deemed to incorporate the hague rules as enacted in the british carriage of goods by seas act 1974, subject however to any other hague rules legislation which in the actual case is compulsorily applicable. [insert endorsement particulars] [emphasis added] ..... 's case is that the bills of lading incorporated the time charterparty, including the arbitration provision. the bills of lading read as follows: shipped in apparent good order and condition by [insert name of shipper] at tuas terminal singapore onboard the singapore steam/motor ship/tanker titan unity whereas capt [insert name of master .....
Tag this Judgment!Court : Singapore Supreme Court
..... and (d) the expenses incurred in the resale of the vessels (without the propulsion units) in mitigation of its losses, the annual class survey of the vessels and transportation claims. 106. for item (a), the defendant contends that the computation of the port dues, berth charges and insurance premium should be based on the date of the ..... for the recovery of the purchase price, the expenses incurred and the losses relating to the shipbuilding contracts. recovery of purchase price 102. a buyer is entitled to reject goods which were not of satisfactory quality, subject to the defence of acceptance by use: sun qi v syscon pte ltd [2013] sghc 38 at [27]; clegg and ..... 58 and pacific recreation.75 57. i accept that form 58 applies only to expert witnesses in the subordinate courts and it is not mandatory, even though it may be good practice, for proceedings in the supreme court: pacific recreation at [65] and ferrero spa v sarika connoisseur cafe pte ltd [2011] sghc 176 ("ferrero") at [128]. .....
Tag this Judgment!Court : Singapore Supreme Court
..... clause in question was reasonable. prakash j also referred to expert evidence adduced from the insurance industry to the effect that without such limitation of liability clauses, transporters of cargos might not be able to obtain liability insurance. 236. the defendant also relied on the fact that the court in press automation found that ..... not economically viable to undertake a recovery of the coils through "line processing". moreover, it should be noted that this comparison has not taken into account the transport costs associated with recovery. nor does it take into account the fact that the recovery costs should, strictly speaking, apply to the weight constituted by the usable ..... 5. over a number of days in august and september 2005, the metal coils and steel sheets were transported by the defendant from the transware warehouse to the defendant's warehouse. by the plaintiff's estimate, these goods were worth a prime value of s$11,667,090. the following quantities and weights of coils and .....
Tag this Judgment!Court : Singapore Supreme Court
..... side slots; (iii) use of a fixed brush (which rotates in situ) so as to provide better stability and even weighting; and (iv)a different transport mechanism which entailed moving the discs towards the brushes. (d) iteration 2: a revised proposal sent on 4 october 2006 incorporating some further improvements. at this ..... confidentiality arises from contract, there is now no doubt that in non-contractual situations, an obligation of confidence may arise in equity by applying principles of good faith and conscience. indeed, even where there is a contract between the parties, equitable obligations may still arise quite independently of the contract. these include ..... of parties dealing directly (as where the defendant directly receives confidential information from the plaintiff), an objective test is the preferred basis for determining whether good faith and conscience supports the imposition of a duty of confidence. in coco, where the parties had dealt with each other in the course of .....
Tag this Judgment!Court : Singapore Supreme Court
..... as articulated by lord hoffmann has featured in a number of cases on different aspects of cross-border insolvency (see the privy council decision in cambridge gas transportation corpn v official committee of unsecured creditors of navigator holdings plc and others [2007] 1 ac 508 ("cambridge gas"); the court of appeal decision in rubin ..... of local winding up proceedings. nonetheless, it remains open to the courts to assist the foreign liquidation proceedings by exercising their inherent discretion to stay proceedings: see roy goode, principles of corporate insolvency law (sweet and maxwell, 4th ed, 2011) at para 16-62; philip wood, principles of international insolvency (sweet and maxwell, 2nd ..... order - took out garnishee proceedings against the company's bank account in england and two writs of fieri facias for the seizure of the company's goods. a final winding-up order was made in south africa and subsequently also in england. the creditors applied for an order that they were entitled to .....
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