Court : Singapore Supreme Court
..... as the plaintiff never had a licence for moneylending, the guarantees given by the defendant under the first loan agreement and the third loan agreement are unenforceable under s 14(2) of the act as they are granted by an unlicensed moneylender. ..... it is clear that the loans under the promissory notes and the loans under their corresponding loan agreements are one and the same. ..... when one looks at the loan agreements only, they do not appear to activate the presumption under s 3 of the act as they appear to be interest-free. ..... thus, she is only claiming against the defendant under the loan agreements and not under the promissory notes. ..... apart from the money under the loan agreements, the plaintiff never advanced any additional amount of money to choong pursuant to the promissory notes. ..... in this regard, the plaintiff must have meant that the additional payments promised under the promissory notes are in respect of the loans advanced under the loan agreements. ..... the defendant was not a party to the second loan agreement and instead, it was choong who pledged his hdb apartment at block 212 bishan street 23 #06-249, singapore, as security under the second loan agreement. 9. ..... therefore it is clear that the promise to pay a greater sum of money is in consideration of each of the loans advanced under the first, second and third loan agreements. 36. ..... the plaintiff was also unable to enforce the security against the hdb apartment pledged by choong under the second loan agreement. .....
Tag this Judgment!Court : Singapore Supreme Court
..... of the property including transaction costs and incidentals (see [26] above); (b) they showed that it was the company - and not the plaintiff - who paid the entire initial payment for the purchase of the property under the preliminary agreement (see [24] above); and (c) they showed that the initial payment to the vendor was $500 and not $1,150 (see [24] above). 97. ..... this account involved five oral discussions between the father and the plaintiff about a loan, starting from early 1966 with an in-principle agreement on the loan even before may 1966, with the final agreement in august 1966 when the father told the plaintiff to whom the plaintiff was to repay the purchase price of the property and in what amounts. ..... that the plaintiff was to be the owner of the entire beneficial interest in the property even though it was to be registered in the names of all five family members; (b) to his detriment, the plaintiff fulfilled his part under that family arrangement by repaying the loan in full; and (c) it is therefore inequitable for the defendants now to deny that the plaintiff is the beneficial owner of the entire property. 68. ..... under the agreement, once the purchaser paid a deposit in relation to any of the plots, he was entitled to enter upon the plot and start building on ..... 24 june and 18 july 1966, the company issued three cheques for the total sum of $6,600 to the vendor, being payment of the deposit of 10% of the purchase price required under the sale and purchase agreement. .....
Tag this Judgment!Court : Singapore Supreme Court
..... an "entire agreement clause" under clause 14 and it reads as follows: - 14 previous agreements 14.1 entire agreement: this agreement and the documents referred to herein are in substitution for all previous agreements, both written and oral, between all or any of the parties and contain the whole agreement between the parties relating to the subject matter of this agreement. 10. ..... , the 2008 cbsa also provides for an "indemnity" clause and an "entire agreement" clause under clause 12 and clause 14.1 and the wordings of these clauses remain the same ..... basis that the 1st defendant's alleged failure, neglect and/or refusal to pay the sums due and outstanding under the bond subscription agreements were occasioned by the plaintiff's own wrong doing and action. ..... on the basis that its alleged failure to pay the plaintiff the sums due and outstanding under the bond subscription agreements were occasioned by the plaintiff's and its representatives' wrongdoing and unreasonable interferences with the management and business operations of the 1st defendant and its subsidiaries, which were in breach of the shareholders' agreement dated 5 november 2007 (see details in paragraph 48 below). ..... company resulting directly or indirectly from or arising out of any breach or alleged breach of any of the representations, warranties, undertakings and covenants given by the initial shareholders and/or the issuer under this agreement or for any breach or alleged breach of any term or condition of this .....
Tag this Judgment!Court : Singapore Supreme Court
..... shipment on an ex-works basis by 4 june 2006; (e) under the bro contract, kse had an absolute obligation to have the wpu ready for shipment on an ex-works basis by 17 ..... june 2006; and (f) under the charter agreement, bro had to use all reasonable endeavours to procure the construction and delivery of the ..... avoid liquidated damages, and no later than 20 june 2006 in order to avoid termination; (b) under the jva, kse had to use all reasonable endeavours to procure the construction and delivery of the wpu (in abu dhabi or at a location of its choosing) within six months of the charter agreement being executed (ie, by 9 september 2006); (c) the authorisation document provided for delivery "6 months ex works";9 (d) under the oderco contract, oderco had an absolute obligation to have the wpu ready for .....
Tag this Judgment!Court : Singapore Supreme Court
..... the only term that the defendant could point to as the operative clause setting out the extent of services to be provided under the bcs agreement is clause 1.1, which merely states that the defendant shall "use its best endeavours to facilitate the payment transactions and functions required to enable the applicant to provide the service to consumers. ..... the plaintiffs' case is that the defendant submitted settlement reports to amex on behalf of the plaintiffs in performance of its legal obligations under the bcs agreement, in order that the plaintiffs can fulfil their obligations to amex under the amex service establishment (or "merchant") agreements that the plaintiffs have entered into with amex. ..... however, there is no admission of liability as the defendant disputes that it owes any obligation under the bcs agreement to either compile the settlement report for the plaintiffs' benefit or to submit the settlement report to amex on behalf of the plaintiffs. ..... this opens the door, at least more than a crack, for the plaintiffs to argue that the scope of services that they had contracted under the bcs agreement extended beyond what the defendant had described as a payment broadcast service. ..... at first blush, the extent of business process outsourcing permitted under the merchant agreement appears to be limited to the engagement of payment gateway service providers to submit transactional details and relay details of amex's authorisation or rejection of the transaction. .....
Tag this Judgment!Court : Singapore Supreme Court
..... they were reimbursement for payments made by the plaintiff to siddhi and coopradi; (b) if the payments were not paid for the procurement of cashew nuts, whether the defendant had paid the moneys to the plaintiff under a mistake of fact and or by reason of fraudulent misrepresentation by the plaintiff; (c) alternatively, whether the plaintiff held the payments as moneys had and received; and (d) whether the defendant's counterclaim should be allowed ..... with regards to siddhi, mr jha said that motley had an exclusive agency relationship with siddhi and under that agreement siddhi was supposed to supply goods only to motley. ..... the plaintiff's claim is for the sum of us$395,666 ("the invoiced sum") due under its invoice dated 28 april 2010 in respect of the sale of 545.746 mt of raw cashew nuts to the ..... the defendant submitted that there was no such agreement and no documentary evidence of the same had been ..... the plaintiff further submitted no such agreement was ever made because the defendant never over-paid the plaintiff in the first ..... a: no, i told him the reason why it did not go is because my account is under review in standard chartered bank, that is why this money did not leave on the 12th ..... electronic record was generated, recorded or stored in the usual and ordinary course of business by a person who was not a party to the proceedings on the occasion in question and who did not generate, record or store it under the control of the party seeking to introduce the electronic record. .....
Tag this Judgment!Court : Singapore Supreme Court
..... second, the defendant averred that by a "term sheet" executed in may 2011, two months before the signing of the agreement, the plaintiff was obliged to "carry out its own due diligence, and was not to rely on the [defendant's] workings and assumptions". ..... the defendant had an agreement in june 2011 with the indonesian company pt pertamina ep under which the defendant has a 20-year right to conduct oil and gas exploration in an area known as the "west jambi block", which is located in the northern part of south sumatra. 3. ..... in the main claim in this case, the defendant has a counterclaim for non- performance of the rest of the plaintiff's obligations under the agreement. ..... also, the defendant argued that, pursuant to clauses 9.6.4 and 9.6.5 of the agreement, the plaintiff accepted that it "shall be solely responsible for making its own assessment and decision on [entering into the agreement]" and that it "has not relied on or been induced [to enter into the agreement] by any representation or warranty other than expressly set forth in [the agreement]". 8. ..... the plaintiff claimed that it entered into the agreement on the basis of a slide presentation by the defendant. ..... on 16 july 2013, the defendant obtained an order of court under summons no 2337 of 2013 in which the plaintiff was ordered to provide $90,000 as security for costs up to the exchange of affidavits of evidence-in- chief. .....
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
..... where, however, an arbitral award is "beyond power" or ultra vires in the sense that the tribunal did not have the power to issue the award in the form that it did, but nevertheless had jurisdiction under the arbitration agreement to decide the underlying issues vis-a-vis the parties ("situation 3") (as was the case in abb as well as hussmann v pharaon (see below at [52] to [58])), those issues would remain open for the determination of the tribunal in a subsequent award, having ..... hereby agree and consent that pursuant to sections 28 and 29 of the arbitration act (cap 10, 1985 ed), that either party may appeal to the high court on any question of law arising out of an award made in an arbitration under this arbitration agreement ["the first limb"] and may apply to the high court to determine any question of law arising in the course of the reference ["the second limb"] and the parties agree that the high court ..... similarly, where an arbitral award is "beyond power" in the sense that the tribunal lacks jurisdiction to deal with the dispute altogether (for instance, where there is no valid agreement to arbitrate, where a party to the arbitration agreement was under some incapacity or where the arbitral tribunal has not been properly appointed) ("situation 2"), that would clearly be the end of the enquiry and the tribunal would obviously not be vested with jurisdiction to deal with .....
Tag this Judgment!Court : Singapore Supreme Court
..... paid and reimbursed for these items based on their purchase price plus a 15% mark-up for profit and attendance.40 however, the defendant's position was that there was no such agreement and the plaintiff was to supply the necessary tools and additional building materials only at cost price, ie, at the price which the plaintiff paid its supplier for the items.41 ..... design drawings for the project which were submitted as part of the tender documents.30 hpl's letter of acceptance of 2 december 2010, which joe wong had signed to confirm apbs' agreement to its terms31 and which the defendant said was forwarded by him to the plaintiff on the same day32, incorporated various correspondence and tender documents into the contract between hpl and ..... to create any legal relations with each other because the plaintiff knew that the defendant was only an "accessory" used to obtain a letter of credit.13 but where there is an express agreement, the burden of proving that there is nevertheless no intention to create legal relations is on the party who asserts it, and this burden is a heavy one: see edwards v skyways ltd [1964] ..... for verification, none of the defendant's or apbs' invoices relating to the mechanical and electrical works (which were, according to the defendant, either apbs' or its responsibility under the alleged agreement) were ever given to the plaintiff.26 the main contract 21. ..... sums of monies allegedly due under a written contract as well as a number of primarily oral agreements. .....
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