Court : Singapore Supreme Court
..... and the question has not been authoritatively determined by an english court. ... [emphasis added in bold italics] 60. in richard fentiman, international commercial litigation (oxford university press, 2010) at para 6.01, the learned author also states that under english law, the pleading of foreign law is "generally voluntary", and parties are ..... vessels. one david liang and his family own marinteknik.1 the second respondent, priscilla lim ("ms lim"), has been a director of marinteknik since 8 january 1993.2 3. the first appellant ("1st appellant") is a company incorporated in the united states of america. on 30 june 2008, the 1st appellant agreed ..... failure to show the requisite intention to injure. 83. unlike lord hoffman's more measured approach, lord nicholls in obg considered that "unlawful means" encompassed "all acts which a person is not permitted to do" and "covers common law torts, statutory torts, crimes, breaches of contract, breaches of trust and equitable obligations, .....
Tag this Judgment!Court : Singapore Supreme Court
..... v mccann 5/6/1998 unreported eat) or without reasonable or sufficient grounds (white v reflective roadstuds ltd [1991] irlr 331 eat, and mcclory v post office [1993] irlr 159). i do not consider that either of these definitions of the obligation are entirely apt, when considering whether an employer was in breach of contract in ..... any witness to rebut dr jentzsch's recollection of the meeting. the fact that the 18 august announcement was never contradicted is also strong evidence that dr jentzsch had acted within his authority. in fact, as observed at [41] above, he went on, again on behalf of dkib, to inform allianz a month later that "[a ..... plaintiffs' emphasis was on the latter allegation, with the former receiving little attention in the submissions. 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 .....
Tag this Judgment!Court : Singapore Supreme Court
..... and wanted his sons and daughter to be educated. at the time the father passed away, d1 was 24 years old and an undergraduate student at the national university of singapore. he subsequently graduated with a degree in estate management. d2 was 23 years old when the father passed away. he left home for his studies ..... 16 november 1992, the commissioner wrote to yandl with a number of questions relating to the administration of the father's estate. by a letter dated 22 march 1993 to the commissioner, yandl provided a copy of the father's schedule of assets which showed that the commissioner had valued each ltse share at $337,674. ..... the 2005 eda, save that the section numbers differ. the following provisions of the 1970 eda applied to the administration of the father's estate: interpretation 2. in this act, unless the context otherwise requires "executor" means the executor or administrator of a deceased person... estate duty imposed 6. (1) save as hereinafter expressly provided, there .....
Tag this Judgment!Court : Singapore Supreme Court
..... slr 130 at [114]-[115]. the terms of the contract between the plaintiff and defendant are embodied in the constitution. 23. the rules of natural justice are universal rules that govern the conduct of human behaviour. these rules are widely accepted to be of paramount importance. contracting parties accept the rules of natural justice as ..... held unequivocally by the house of lords in pinochet (no 2) which cited with approval at 145 the observation of deane j in webb v the queen (1993 1994) 181 clr 41 ("webb") at 74: the area covered by the doctrine of disqualification by reason of the appearance of bias encompasses at least four ..... 2013 committee members at the disciplinary meeting were severely compromised. it put into serious question whether the five 2013 committee members at the disciplinary meeting were actually acting honestly, fairly and in good faith. these are the basic values and foundations on which every legitimate tribunal must operate on. members of disciplinary committee were .....
Tag this Judgment!Court : Singapore Supreme Court
..... should be adjusted in order to avoid its having an undue differential impact on him": andrew von hirsch and andrew ashworth, proportionate sentencing: exploring the principles (oxford university press, 2005) ("proportionate sentencing") at p 172. therefore a sanction may be lightened where it may have an undue or disproportionate impact on the offender: proportionate ..... a sentence of imprisonment: see chia kah boon v pp [1999] 2 slr(r) 1163 ("chia kah boon") at [15]; and low meng chay v pp [1993] 1 slr(r) 46 ("low meng chay') at [13]. 18. where a fine is imposed, the sentencing judge will in any case stipulate the imprisonment term that ..... raises: ... questions about the judge's attention to the dispute at hand. too much cutting and pasting, without modification, may give the appearance of a 'mechanical act' with a canned solution that ignores the particularities of the parties' conflict and lacks the disinterested perspective that the adjudicator should bring to bear. the principles applied. .....
Tag this Judgment!Court : Singapore Supreme Court
..... multiplicity of the offences that have been committed. the point has been noted for instance in richard g fox and arie freiberg, sentencing: state and federal law in victoria (oxford university press, 2nd ed, 1999) (at p 721) that: courts often fear that concurrent sentences are tantamount to an inducement to criminal conduct inasmuch as offenders may reason that, ..... : maideen pillai v pp [1995] 3 slr(r) 706; kanagasuntharam v pp [1991] 2 slr(r) 874 ("kanagasuntharam"). prof andrew ashworth in sentencing and criminal justice [cambridge university press, 2005, 4th ed] at p 245 interpreted the raison d'etre for the "single transaction" principle in terms of proximity in time and proximity in type of offence. such ..... to have been the basis of the decision of this court in low meng chay v public prosecutor [1993] 1 slr(r) 46. the offender in that case faced a total of 31 charges under s 73 of the trade marks act (cap 332, 1985 rev ed) and a total of 21 charges under s 73 of the trade marks .....
Tag this Judgment!Court : Singapore Supreme Court
..... rights effectively exercised under the law of his habitual residence [emphasis in original] 31. this reflects - once again - the perennial tensions in the law between the universal and the particular; between the need for certainty and predictability on the one hand and the need for flexibility and fairness on the other. in the circumstances, ..... the requesting state"). this might be why kay j did not appear very enthusiastic about undertakings in the family court of australia decision of in the marriage of mcowan (1993) 17 fam lr 377 ("in the marriage of mcowan"); as the learned judge observed (at 383) (see also, in a similar vein, per gaudron, gummow ..... convention has become fundamentally flawed. there surely remains an overwhelming argument that it is basically wrong for children to be uprooted from their home by the unilateral act of either parent and taken to a foreign jurisdiction and thus to be separated from the other parent. admittedly, that argument becomes weaker if the left-at .....
Tag this Judgment!Court : Singapore Supreme Court
..... in the marks-similarity inquiry: ozone community corp v advance magazine publishers inc [2010] 2 slr 459 ("ozone'), see also bently and sherman, intellectual property law (oxford university press, 3rd ed, 2009) ("bently and sherman") at p 864. 19. a further problem with adopting an approach in which any modicum of similarity would compel the ..... (see hotel cipriani (hc) at [222] and hotel cipriani (ca) at [124]), noting the contrary approach taken in pete waterman v cbs united kingdom ltd [1993] emlr 27 and a suggestion for a different test proposed by prof wadlow in the law of passing-off (at para 3-095). however, neither judge was prepared ..... the threshold requirements of marks- and goods-similarity. any dilution of the trade mark due to initial confusion is not actionable under s 8(2) of our act, which is directed at protecting trade mark proprietors from origin-based confusion. 114. besides inconsistency with our statutory scheme and objectives, there are policy concerns over extending .....
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