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Singapore · Practice area

Contract

Formation, breach, remedies, and construction of contracts.

589 decisions

Principal legislation

Contract decisions

Result 106

[2024] SGHC 302

Group Lease Holdings Pte Ltd (in liquidation) and another v Group Lease Public Co Ltd

General Division of the High Court28 November 2024

Civil Procedure — Injunctions — Interim injunctions — Principles — Distinction between prohibitory and mandatory injunctions; Civil Procedure — Injunctions — Interim Injunctions — Ancillary disclosure orders — Whether ancillary disclosure orders may be made in respect of prohibitory injunctions; Insolvency Law — Avoidance of transactions — Unfair preferences — Principles — Whether grant of security and assignment of receivables to parent company constituted unfair preferences — Section 225 Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed); Insolvency Law — Administration of insolvent estates — Statutory injunctions — Section 270 Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed); Credit and Security — Charges — Non-registration of charges — Charge over shares of subsidiary alleged to be void against liquidator — Whether created security constituted registrable charge — Whether unregistered charge void against provisional liquidator — Whether enforcement of charge rendered charge spent prior to appointment of liquidator — Sections 131(1) and 131(3) Companies Act 1967 (2020 Rev Ed); Contract — Illegality and public policy — Whether alleged breach of Mareva injunction capable of rendering contract void and unenforceable

Result 109

[2024] SGHC 282

The “Maersk Katalin

General Division of the High Court4 November 2024

Admiralty and Shipping — Bills of lading — Delivery of cargo against presentation of bills of lading; Contract — Variation; Equity — Defences — Acquiescence; Agency — Ratification — Conditions; Contract — Waiver; Admiralty and Shipping — Bills of lading — Bills of Lading Act; Contract — Remedies — Damages — Causation; Damages — Measure of damages — Contract — Damages for misdelivery of cargo

Result 111

[2024] SGHC 264

VeriFone, Inc v Firemane Pte Ltd

General Division of the High Court21 October 2024

Civil Procedure — Summary judgment — Applicable principles for grant or refusal of summary judgment; Contract — Contractual terms — Contracting party owing liability claiming set-off against sums due under settlement agreement — Whether contractual requisites for set-off sum to be engaged were satisfied; Contract — Contractual terms — Whether clauses were primary or secondary obligations — Whether clause in settlement agreement providing for full and accelerated payment upon failure to pay settlement sum in instalments by due dates was primary or secondary obligation

Result 112

[2024] SGHC 261

Tay Shing Lee Eileen v Liang Ting Pang Jeffrey

General Division of the High Court16 October 2024

Contract — Waiver — Waiver by election where contracting party elects between inconsistent contractual rights — Whether receipt of payments by one contracting party from another contracting party communicates clearly and unequivocally an election to abandon contractual remedy for payment under accelerated liability for whole sum in favour of instalment payments with payment liabilities staggered pursuant to payment schedule in contract; Contract — Variation — No oral modification clause — Whether receipt of payments by one contracting party from another contracting party sufficient under all circumstances to rebut presumption of no oral variation in absence of agreement signed and in writing such as to maintain subsisting validity of instalment payments with payment liabilities staggered pursuant to payment schedule in contract notwithstanding contractual breach triggering acceleration of payment liability for whole sum due under acceleration provision in contract

Result 115

[2024] SGHC 253

Xia Zheng v Lee King Anne

General Division of the High Court7 October 2024

Contract — Formation — Intention to create legal relations — Sham interest-free loan documents executed to give false impression of existence of loan agreement where parties never intended to create legal relations involving genuine loan arrangement; Contract — Implied contracts — Quantum meruit — Whether parties entered into contractual arrangement with implied term that nominee shareholder would be paid reasonable remuneration assessed on quantum meruit basis; Tort — Misrepresentation — Inducement — Whether representee was induced by false representation of fact to become nominee shareholder in company; Trusts — Resulting trusts — Presumed resulting trusts — Presumption of trust arising where moneys advanced to purchase shares registered in legal name of non-paying party

Result 117

[2024] SGHC(A) 26

Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) v HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd

Appellate Division of the High Court16 September 2024

Contract — Contractual terms — Whether party’s claim precluded by contractual term excluding liability; Contract — Contractual terms — Warranties — Whether latent defects that do not manifest or are not discovered during the warranty period are nonetheless caught by the warranty; Equity — Estoppel — Promissory estoppel; Tort — Negligence — Duty of care — Whether duty of care can be imposed in addition to a co-terminous contractual duty

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