Court : Singapore Supreme Court
..... the defendant dispute the cause of the outage or that the plaintiffs' losses were due to a design error in its payment gateway system. 7. it is also not disputed that the defendant does in fact compile a set of settlement reports that it submits to amex. nor the facts that the plaintiffs had never submitted ..... settlement reports to amex; or that they have received payment. additionally, parties do not dispute that the plaintiffs have access to an online administration ..... that information via any intermediary carrier or financial switching entity, nets's responsibility ceases. nets is not responsible for the operation of the financial settlement system. [emphasis mine.] 15. the defendant also relies on clause 1.1 of the bcs agreement to similarly support the argument that no obligation arises thereunder to .....
Tag this Judgment!Court : Singapore Supreme Court
..... s 12(2) of the act, the entitlement to make the adjudication application arose only if the dispute was not settled or it did not provide the payment response "by the end of the dispute settlement period". this was defined by s 12(5) of the act to mean the period of 7 days after the date on which or the period ..... transit system depot cum station on lot 3496x mk11 at choa chu kang/woodlands road" ("the project"). the defendant was the sub-contractor for aluminium and glazing installation works in relation to the project. 4. the relevant letter of acceptance between the parties in respect of the project dated 21 january 2011 ("the contract") contained the following clauses on payment: 10.2 payment .....
Tag this Judgment!Court : Singapore Supreme Court
..... and just. ... 51. there is one final point to be made. to the extent that o 22a of the roc, when enacted, overlapped with payment into court as a means to initiate settlement, it rendered the latter otiose. this is to be expected given that o 22a did not require a party making an offer to pay money into court ..... offer and, secondly, that having such a regime could save legal costs and judicial time in ways that were not possible with payment into court or calderbank offer. furthermore, the arguments in favour of settlement that underlined payment into court or calderbank offer would apply with equal force to an offer to settle regime. hence, there appeared to be no ..... to offer to settle regime 21. the plaintiff referred to the "endurance 1" [1998] 3 slr(r) 970 at [41], which cited data general (canada) ltd v molnar systems group inc and corporation of the town of lindsay (1991) 85 dlr (4th) 392 ("data general') for the proposition that the purpose of the offer to settle regime was to .....
Tag this Judgment!Court : Singapore Supreme Court
..... of fiduciary duties under bvi law as directors of dynasty ("the original claim") while sia responded by filing a counterclaim against low for a breach of a settlement agreement and against dynasty, low, tacon and lauren for conspiracy to injure him ("the counterclaim"), also under bvi law. the decision below 12. the judge ..... 1 ("t2 networks") where judith prakash j held (at [44]) that a settlement agreement was not legally binding because some of its terms were uncertain. of particular relevance was cl 2 of the settlement agreement which provided that: nasioncom to settle the outstanding payments to t2 within a stated schedule a. action by kai shan to instruct mobileone ..... that settlement will be made directly by nasioncom b. action by damien to update dato' on the payments for dato' [sic] approval c. immediate partial payment and thereafter on a scheduled basis. in arriving at her conclusion that cl 2 was uncertain, .....
Tag this Judgment!Court : Singapore Supreme Court
..... to conduct a subsequent site inspection out of goodwill. 16. in 2007, the mcst engaged cc building surveyor pte ltd ("cc") to produce a report on the problem of soil settlement and related damage to the development. the report titled "inspection report on building damage at bizlink centre" was dated 20 july 2007 ("the cc report"). it was produced by paul ..... casimir-mrowzynski ("mr casimir"), a chartered building surveyor with cc, pursuant to a site inspection on 29 may 2007. the cc report concluded that there was "severe settlement around the building". further, the settlement resulted from the soil not being "compacted adequately at the construction stage" and due to "insufficient support to the driveway and related structures".7 17. on 21 july .....
Tag this Judgment!Court : Singapore Supreme Court
..... sold by dvi to gsaf. he also mentioned that the vendors would liaise with gsaf such that all titles and securities would be released free and unencumbered when settlement payments were made on 31 december 2007, which was the completion date the parties were aiming for. 42. eddie foo's explanation to rick evans was inaccurate in ..... an email to rick evans on 2 june 2008 where he stated that the past practice in relation to the under-declaration and under-payment of art 21wht (what he called "the old system") had been in place since the inception of the hospital. edward hong further stated that ptnm had not had trouble with the ita. ..... nick graham suggested that there were two reasons for this discrepancy. first, because "other journals use sequential numbers for each entry and/or there is a different reference system for some journals"; and second, the possibility that the general ledger account for other revenue "includes transactions other than the article 21 wht that has been withheld but .....
Tag this Judgment!Court : Singapore Supreme Court
..... paid out of funds from the father's estate. 29. d1 said that both administrators treated ltse's payment of $1,902,550.59 towards estate duty as: (i) settlement of the debt of $1,521,424.57 owed by ltse to the father's estate (see [18 ..... executor and the person accountable for the duty are the same person: it was under his control as trustee of the settlement; for, being settlement. the sub-section provides that in the case of property not under his control, which plainly means under his control ..... (iii)] above); and (ii) additional payment of $381,126.02 by ltse (see [28] above). however, ..... as executor of the deceased person, he may pay the estate duty, "if the persons accountable for the duty in respect thereof request him to make such payment .....
Tag this Judgment!Court : Singapore Supreme Court
..... a "matter", unlike a mere issue, must be capable of being resolved as a discrete controversy (at 351): ... the expression "matter ... capable of settlement by arbitration" indicates something more than a mere issue which might fall for decision in the court proceedings or might fall for decision in arbitral proceedings if they ..... bankruptcies of debtors, administration of estates. 97. in larsen oil, as i have noted earlier ([30]-[31] above), the liquidator sought to avoid certain payments made under insolvency based on the avoidance provisions. it was argued that the avoidance claims should have been stayed in favour of arbitration given that there was an ..... in desputeaux, observed (at [51]) that non- arbitrability was based on the objective of preserving "certain values that are considered to be fundamental in a legal system". applying desputeaux, the court in tremblay concluded that a minority oppression claim was arbitrable (at [35]) as: ... a shareholder's oppression remedy is not one .....
Tag this Judgment!Court : Singapore Supreme Court
..... the sabah land development board enactment 1981 (sabah no 23 of 1981) with the purpose of promoting and carrying out projects for land development and settlement. the sldb had been described in evidence as a semi-government body. the appellant also agreed that the sldb was not created for commercial purposes. ..... widely, such an interpretation was not necessary. the works under the project fell within the paradigm example of "public utility": they comprised a road network system, the second causeway, water pipelines, and the infrastructure for transmission of electricity and telecommunications. in the court's own words, the works would "without ..... commission, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, employment or contract; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any other service, favour or advantage of .....
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