Court : Singapore Supreme Court
..... 2010 to 31 october 2011. his total income from those appointments was about s$174,125. during this period, the plaintiff was employed by ntu and then monash university sunway campus. 11. as the story unfolded, 2007 was an extraordinary year for the parties. the family's wealth increased significantly. in march 2007, the parties bought ..... documents effectively discredited mr zhou's statement. on the evidence, the allegation of trust is not made out. as the statutory requirements of s 112(10)(b) of the act are satisfied, the soleil property is a matrimonial asset. 49. nevertheless, for the reasons stated below (see [110]-[112] below), i chose to exclude this property from ..... 112] below). i will elaborate on the choice of options in due course in the judgment. the matrimonial assets 29. i now come to s 112(10) of the act, which defines "matrimonial asset". the assets in the plaintiff's name were not disputed. for instance, bank accounts, shares and money in his cpf account were accepted as .....
Tag this Judgment!Court : Singapore Supreme Court
..... by attacking its customer base or poaching its key employees. although the common law does give some protection in such circumstances, it is almost universal practice for sellers to insist upon a formal confidentiality or non-disclosure agreement before entering into any negotiations with a prospective buyer and before providing any ..... are useful for particular types of cases involving negligent advice or the provision of professional services, but less important in other scenarios such as negligent acts by defendants causing personal injury or psychiatric harm to plaintiffs who were strangers at the relevant time ... in the context of psychiatric harm, for instance ..... turns upon the termination of the secondment agreement. 32. as for the consultancy agreement, this remained in effect until sometime in early 2008. low, acting on behalf of the companies, emailed dominic to propose bringing an immediate end to the parties' contractual engagement and also to discuss the mechanics of the .....
Tag this Judgment!Court : Singapore Supreme Court
..... husband. therefore, her indirect contributions towards her husband declined significantly from 2004. i also note that her son had graduated with a degree in veterinarian medicine from glasgow university in 2004 and began working and looking after himself. hence, the wife's indirect contributions towards the family were drastically reduced from 2004 onwards. 26. i do ..... major public holidays. the wife's financial contributions 15. the wife was a full-time housewife looking after the family which includes the son and the husband. in 1993, the wife received an inheritance of $80,000 from her late mother. this was used to pay for the son's extra expenses such as book costs, ..... like to mention that by coming to the conclusion that the wife's indirect contributions were reduced from 2004 onwards, i am not punishing the wife for her act of poisoning the husband. i am merely deducing the appropriate indirect contributions made by her in the course of the marriage. how should the matrimonial assets be .....
Tag this Judgment!Court : Singapore Supreme Court
..... as the provisions of the ucta. similarly, it was also acknowledged by the learned authors in michael furmston and g j tolhurst, contract formation: law and practice (oxford university press, 2010) at para 10.47 that a party will be taken to have notice of the terms if the document signed is contractual, provided there has been no ..... favour of the bank were ordered to be taxed on a standard basis instead. in the earlier decision of hong leong finance ltd v lee siang wah and another [1993] 2 slr(r) 577, k s rajah jc held that the plaintiff mortgagee's contractual right to costs on an indemnity had been forfeited by virtue of its misconduct ..... , the bank examining the transport documents presented for payment will be ill-equipped to determine the precise legal status of the signing party (ie, the capacity it is acting under). this glaring problem was also alluded to in the opinion of the iccbc referred to in the previous paragraph. the iccbc recognised that terms which exclude freight forwarder .....
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..... court in rubin and another v eurofinance sa and others (picard and others intervening) [2013] 1 ac 236) as well as in academic commentary (see gabriel moss qc, ""modified universalism" and the quest for the golden thread" (2008) 21 insolvency intelligence 145; philip smart, "cross-border insolvency cooperation" (2008) 124 lqr 554; wee meng seng, "a ..... as ancillary to the winding up by the court of its domicile was based on the principle of modified universalism (at [7]-[8]). the power to remit assets to the principal liquidator was established long before the uk insolvency act 1986 (at [27]) and was exercised whenever there was a foreign jurisdiction more appropriate than england to deal ..... impose a stay on any proceedings in the forum court and so would not be bound by any such stay: see banque indosuez sa v ferromet resources inc [1993] bclc 112 at 117 118. 91. what then would be the position of creditors bringing execution proceedings in the local courts in the absence of winding up .....
Tag this Judgment!Court : Singapore Supreme Court
..... subject-matter jurisdiction (at 493c-f), tracing this to f a mann's seminal article, "the doctrine of jurisdiction in international law" in studies in international law (oxford university press, 1973) ch 1 at pp 128-129, where it was stated as follows: ... the mere fact that a state's judicial or administrative agencies are internationally ..... from that party, whether by words or conduct, that it is forgoing those rights: sean wilken and karim ghaly, the law of waiver, variation and estoppel (oxford university press, 3rd ed, 2012) at para 4.45. no such representation can be found here: burgundy had maintained from the very beginning that the dispute was subject to ..... before the english court under s 25 (at 158h). (3) re seagull 68. in in re seagull manufacturing co ltd [1993] ch 345 ("re seagull"), the court of appeal had to consider whether s 133 of the insolvency act 1986 (c 45) (uk) had extraterritorial effect. section 133(1) stated as follows: public examination of officers. (1) .....
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..... tj") of six charges punishable under s 6(a) of the prevention of corruption act (cap 241, 1993 rev ed) ("the act"). 2. the appellant is a 42-year-old man who was, at the material time, an associate professor employed by the national university of singapore ("nus"). he was attached to the faculty of law. he was charged ..... with corruptly receiving six acts of gratification from one of his students at the material ..... have to obtain an order of amendment from the minister as it did in 2000 with the national university of singapore act (amendment of university constitution) order 2000 (s 356/2000) and in 2004 with the national university of singapore act (amendment of university constitution) (no 2) order 2004 (s 470/2000). 196. the history of nus reveals that it .....
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..... does not however, postpone the date of effective rescission to 12 march 2012. an act of rescission is an unequivocal act of election by the plaintiff, not the defendant: see car and universal finance co. ltd v caldwell [1965] 1 qb 525 at 531. it is not a bilateral act which requires the counterparty to accept the rescission. the defendant's refusal to accept ..... the law governing when a duty of care arises in the tort of negligence. the whole of the act as it stood on 12 november 1993 has direct application in singapore by virtue of and subject to s 4 of the application of english law act (cap 7a, 1994 rev ed) read with paragraph 8 of part ii of the first schedule to ..... that the term satisfies that requirement to show that it does. 133. section 3(b) of the act imports the test of reasonableness under s 11(1) of the english unfair contract terms act 1977. the whole of the act as it stood on 12 november 1993 has direct application in singapore by virtue of and subject to s 4 of the application of .....
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..... england. the case pertained to a medical doctor who received e-mail assurances that, upon completion of a distance learning pre-clinical course from a particular university, he would be provisionally registered as a doctor with the general medical council ("gmc"). the gmc subsequently told the claimant that his primary medical qualification ..... substantive legitimate expectation should not be adopted in singapore for three reasons. first, the doctrine was developed in england against the backdrop of the human rights act 1998 and the pressure to assimilate european doctrine into the common law. second, the underlying rationale of the doctrine is that of abuse of power, ..... be divided into two strands: first, the sla's decision to assess dp via a spot valuation was irrational and unreasonable because no public authority would act so inconsistently, especially in the light of the unequivocal representations made. second, the sla's decision deprived the applicant of its legitimate expectation of the .....
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..... contributions of the plaintiff to the singapore central provident fund ("cpf") and the defendant to the academic staff provident fund scheme of the national university of singapore ("aspf"). clause 2.31 also stated that: ... the [plaintiff] shall purchase from the [defendant] her share of [the leonie hill property] subject ..... (c) which related to assets held jointly by the parties. the leonie hill property was the parties' original matrimonial home which they bought in april 1993. the relevant portion of clause 2.3.1 relating to the leonie hill property stated that it was to be beneficially owned in proportion to the respective ..... starting point although they nevertheless constitute a factor which should be considered by the court pursuant to the exercise of its discretion under s 112 of the act (which involves what is essentially a multi-factorial approach). we have also referred to the need to ensure that indirect contributions are also accorded due recognition .....
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