Court : Singapore Supreme Court
..... on 13 january 2012, the defendant reminded the plaintiff of her obligations under her employment agreement, objected to her plan and threatened to sue her if she breached her restrictive ..... not only did the plaintiff's employment agreement contain a restrictive covenant, so too did the spa under which the owners of humming house's business sold it to noel gifts and the defendant. ..... it was an express condition precedent under the spa that they each sign a new employment agreement with the defendant (see [11] ..... a lender imposed on a borrower under a loan agreement a rate of interest which was contrary to canadian legislation prohibiting an effective annual interest rate in excess ..... favoured instead "discretionary severance" or "notional severance", under which the court has a power to amend the parties' agreement to cure illegality while remaining otherwise as close as possible to the intentions of the parties expressed in the agreement. ..... other words, under the terms of the spa, the acquisition of the business was to take place even if the plaintiff did not sign a new employment agreement with the defendant ..... business is highly seasonal, with a one-year cycle; (c) the plaintiff knows the defendant's business strategy for the next five years; and (d) the two-year period tied in with the other restrictions under the agreement. ..... i have outlined at [92] above are therefore not fanciful but arise from rights which the defendant expressly reserved to itself under the employment agreement. 94. .....
Tag this Judgment!Court : Singapore Supreme Court
..... decision of tjong very sumito, where the court of appeal held that it is only in the clearest of cases where the court proceedings do not fall within the subject matter of the arbitration agreement that the court would not have jurisdiction to grant a stay under section 6: we noted that both woo j in dalian [hualiang enterprise group co ltd v louis dreyfus asia pte ltd [2005] 4 slr(r) 646] and lightman j in nigel peter ..... the judge had to make a judgment as to whether there existed an underlying agreement to arbitrate, he could do no more than to form a prima facie ..... by parity of reasoning, the court's role at the early stage to determine on a prima facie standard whether there exists an arbitration agreement between the parties in deciding whether a stay can be granted under section 6 of the iaa, is consistent with the approach of having a full determination of that question deferred to the arbitral tribunal subject to ultimate court control at the end of the whole arbitral life ..... the court was not faced with the precondition issue on the existence of the arbitration agreement, but was concerned with the requisite threshold to determine the validity of the arbitration agreement under section 45 of the indian arbitration and conciliation act 1996 ("iaca 1996") (the equivalent of section 6 of the iaa ..... it appears from the deeming provision that the enquiry into the existence of an arbitration agreement under section 6 is meant to be a quick and summary process instead of a long drawn .....
Tag this Judgment!Court : Singapore Supreme Court
..... relation to the completion of the hotel (including providing advice on the internal designs and furnishings for the hotel); (c) from on or about 21st february and in breach of its obligations under cl 17.2 of the operating agreement, taragon prevented the plaintiff from continuing to enter into agreements with third party vendors (including laundry services providers) with regard to the provision of services in relation to the operation of the hotel. 35. ..... accessing the hotel to perform its obligations under the operating agreement; (b) from on or about 21 february 2011 and in breach of its obligations under cl 3.7 of the operating agreement, taragon prevented the ..... which states: notwithstanding the plaintiffs affirmation of the operating agreement, taragon continued to take steps towards completing the sale of the hotel to grace hub and refused to perform its obligations under the operating agreement, thus resulting in a further repudiation of the operating agreement in the manner as follows: (a) from on or about 21 february 2011 and in breach of its obligations under cl 2.2 of the operating agreement, taragon prevented the plaintiff and/or its employees from .....
Tag this Judgment!Court : Singapore Supreme Court
..... . under an agreement dated 30 september 2004, mec's rights, title and interest under the mec loan ..... dated 16 may 2008, alan lim sent a notice to mkp that columbia intended to exercise its option under the call option agreement to purchase the 1,000 shares in umpl held by edward hong ..... assigned its rights under the hire-purchase agreement to gsaf by way of a sale and purchase agreement dated 30 september ..... , there was communication between eddie foo and prem abraham concerning debts that were allegedly due from ptnm to thermal international as a trade vendor, and which had not been assigned under the novation agreement which thermal international had signed ..... that he advised prem abraham that it was safe to go ahead without obtaining a novation agreement for the thermal industries debt, as the hongs were still obligated to discharge all liabilities under the ssa ..... . under this agreement, edward hong granted columbia an option to acquire the remaining 1,000 shares in umpl comprising 1% of umpl's issued share capital at the purchase price ..... . under s 3.2 of the ssa, the s$18,230,550 was to be paid by columbia to mkp as stakeholders in the following manner: 3.2.1 the deposit sum to the vendors' solicitors as stakeholders upon execution of this agreement to be dealt with in accordance with section 3.3 hereof; and 3.2.2 the balance purchase price to the vendors' solicitors as stakeholders on or before the completion date to be dealt with in accordance with section 3.4 hereof "balance purchase .....
Tag this Judgment!Court : Singapore Supreme Court
..... this approach was first observed in wong kam fong anne v ang ann liang [1992] 3 slr(r) 902 where michael hwang jc considered the court's exercise of its powers under s 106(1) of the women's charter (cap 353, 1985 rev ed) (now s 112(1) of the charter) in relation to an agreement made by the parties prior to their divorce concerning the disposal of their matrimonial assets. ..... in a division of matrimonial assets proceedings, the court is not merely enforcing an agreement or the resolution of a mediation; it is exercising its discretion under s 112(2), taking into account any agreement which may have been made and any other circumstances present, to determine what is a fair and equitable division. . 28. ..... how much weight the court accords to a marital agreement depends on the division under the agreement as well as the facts of the case, which means that not only the terms but also the parties' conduct surrounding the making and the execution of the agreement would be scrutinised. ..... therefore, ang j awarded the wife a 25% share of the shares and the consideration, leaving undisturbed the wife's earlier 50% share of the matrimonial assets under the agreement. ..... under pressure by one side, exploitation of a dominant position to secure an unreasonable advantage, inadequate knowledge, possibly bad legal advice, an important change of circumstances, unforeseen or overlooked at the time of making the agreement, are all relevant to the question of justice between the parties. .....
Tag this Judgment!Court : Singapore Supreme Court
..... plaintiffs claimed that dr jentzsch had made statements to the effect that the "minimum cash pool, of 400 million euro, was guaranteed".54 in contrast the defendant said that what was in fact announced was allianz's agreement to guarantee to make available to dkib a pool of 400 million from which bonuses would be paid had been secured.55 second, the defendant contended that dr jentzsch had said that the existence of the ..... main issues before the court was whether there was consideration for the agreement as the plaintiff's promise under the agreement was merely to perform his existing contractual obligations under the subcontract ..... main issues before the court was whether there was consideration for the agreement as the plaintiffs promise under the agreement was merely to perform his existing contractual obligations under the subcontract ..... contract contained a time penalty clause and the defendants were worried that the plaintiff might not be able to complete the subcontract on time, they made an oral agreement to pay the plaintiff an additional sum to fulfil his obligations under the subcontract ..... board meeting on 12 august 2008, which stated "in order to stabilise the dkib business it is essential and necessary to formally communicate the pool that has been secured for the staff base" [emphasis added].81 underlying the defendant's argument is an invitation to join the defendant in incredulity at the fact that a bank would choose to bind itself other than with a written agreement .....
Tag this Judgment!Court : Singapore Supreme Court
..... its submissions are: (a) that the defendant failed to provide reasonable consultancy services for effective preventive maintenance and power failure as required by the agreement; (b) that the defendant failed to maintain the plaintiff's electrical equipment properly as an implied term under the agreement; (c) that the defendant failed to take reasonable care when conducting its bimonthly inspections by failing to take note of the high moisture levels within the htsgr; and (d) that the plaintiff was ..... furthermore, as the parties in this case have not submitted on there being different standards of care under the agreement and in tort, i shall proceed on the basis that the standards are the same in this case ..... in order to arrive at a just and fair decision i shall deal with the following issues: (a) was there a duty of care owed by the defendant to the plaintiff under the agreement to provide reasonable electrical consultancy services for effective preventive maintenance to avert power failure? ..... (b) did the defendant owe a duty of care to the plaintiff under the agreement and/or in tort to reasonably maintain the equipment in the htsgr? ..... although the defendant performed the bimonthly inspections as part of its obligations under the agreement, any sm or pdm testing conducted was premised on a separate agreement. ..... under cl a4 of the agreement, the defendant had agreed to conduct bimonthly inspections at the main switchboard in the plaintiff's htsgr so that it may advice the plaintiff .....
Tag this Judgment!Court : Singapore Supreme Court
..... question of whether the debt was immediately due and payable to the defendant because: (a) there was a compromise agreement through an oral agreement between the parties on 20 march 2013 that, amongst others, the plaintiff and defendant would meet in may 2013 to discuss in good faith and reach a reasonable agreement for the future instalments of the debt in light of any new employment status of the plaintiff; (b) the ..... defendant was estopped from claiming on an immediate full repayment of the debt by reason of the agreement and/or events surrounding the same; and/or (c) the certificate issued by the defendant under s 89(4) of the income tax act (cap 134, 2008 rev ..... was no clear promise that the defendant would not pursue its legal rights until a reasonable agreement was reached, nor was it clear at all how such an agreement was intended to be reached or how disagreements between the parties (including as to what was ..... it may have been "sufficient evidence" of the underlying debt, it does not dispose of the question of whether there are triable issues as to the agreement between the parties and as to estoppel preventing the defendant ..... under that agreement, the tax authority promised him a revised instalment plan for two months, and thereafter they will meet to discuss in good faith and reach a reasonable agreement .....
Tag this Judgment!Court : Singapore Supreme Court
..... j also said (at 575-576): to hold that an arbitration clause referring to disputes arising from the underlying agreement, applies to bills of exchange would make 'a very substantial inroad upon the commercial principle on which bills ..... the cheques owing to the following conduct on piallo's part:13 (a) piallo's failure to supply the delacour products ordered by yafriro, a breach under art 6.1 of the distributorship agreement; (b) piallo entering into an agreement with a third party allowing the latter to distribute delacour products, a breach of arts 1 and 14 of the distributorship agreement giving yafriro the exclusive right to market, distribute and sell delacour products; and (c) piallo's decision not to proceed with the opening of ..... stating that a bill of exchange was unarguably a separate contract from the underlying agreement, seagroatt j held (at 576) that the arbitration clause in question was not precise and sufficiently encompassing to ..... purposes, mr sim's contentions that the facts gave rise to an estoppel would have arisen directly from the distributorship agreement as they concerned the re negotiation of payment terms for goods supplied under that agreement, as well as the continuation of the existing contractual relationship between the parties (see the narrative in the april ..... piallo argued that each cheque was a distinct and separate transaction from the underlying distributorship agreement, and the claim on the dishonoured cheques fell outside the scope of art .....
Tag this Judgment!Court : Singapore Supreme Court
..... in particular, sia knew that: (a) dynasty had not fully paid for the shares; (b) there were significant amounts owing to the vendors under the sale and purchase agreements; (c) the shares were dynasty's only asset; and (d) dynasty would not receive any part of the loans secured by the shares. ..... notwithstanding the lack of any reference in the terms of the alleged collateral agreement to the timing of the payments that fell due under the sale and purchase agreements, the judge found that there was a collateral agreement which "provided for flexibility in the payment of the purchase price" . ..... given our conclusion that there was no collateral agreement at all and certainly nothing that varied the payment terms that were contained in the sale and purchase agreements, it must follow that dynasty owed a continuing obligation to answer for the liabilities under and in accordance with those payment terms. ..... second, he argued that the vendors were estopped from enforcing their strict rights to payment under the sale and purchase agreements because there was some evidence of forbearance on their part. 27. ..... nothing to suggest that such flexibility referred to the timing of the repayments rather than to the identity of the paying and receiving parties and possibly the matter of sia being allowed to offset the amounts due under the sale and purchase agreements against sums said to be due from low to sia. 23. .....
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