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
..... 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 .....
Tag this Judgment!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
..... 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 .....
Tag this Judgment!Court : Singapore Supreme Court
..... 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 .....
Tag this Judgment!Court : Singapore Supreme Court
..... 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 .....
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
..... 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
..... 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
..... 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 .....
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