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Singapore · Practice area

Tort

Negligence, defamation, nuisance, and other civil wrongs.

367 decisions

Principal legislation

Tort decisions

Result 98

[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 100

[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

Result 110

[2024] SGHC 145

Banque de Commerce et de Placements SA, DIFC Branch and another v China Aviation Oil (Singapore) Corp Ltd (Shandong Energy International (Singapore) Pte Ltd, third party; Golden Base Energy Pte Ltd, fourth party

General Division of the High Court5 June 2024

Banking — Branch bank — Whether representative office was branch bank — Whether plaintiff had standing to sue; Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether fraud exception established — Whether representation made in document presented to confirming bank was false — Whether beneficiary made representation without belief in its truth; Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank; Contract — Contractual terms — Rules of construction — Representations and warranties — Whether representation and warranty construed literally or purposively — Whether representation and warranty contain “element of futurity”; Contract — Formation — Whether beneficiary presenting documents to confirming bank enters into contract with issuing bank or confirming bank; Contract — Illegality and public policy — Whether contract was sham or fraudulent; Contract — Remedies — Mitigation of damage — Whether failure to sue third party in addition to defendant for the same loss constitutes failure to mitigate; Credit and Security — Guarantees and indemnities — Contracts of indemnity — Letter of indemnity presented by beneficiary for payment under letter of credit — Beneficiary representing and warranting under letter of indemnity the “existence, authenticity and validity” of signed bills of lading “issued or endorsed to the order of” issuing bank — Whether representation and warranty construed literally or purposively — Whether representation and warranty contains “element of futurity”; Restitution — Enrichment — At the expense of — Requirement of direct enrichment — Exception for coordinated transactions — Whether it would be unrealistic to consider the transactions separately; Tort — Misrepresentation — Fraud and deceit; Tort — Negligence — Duty of care — Misrepresentation — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank

Result 116

[2024] SGHC 44

Peck Wee Boon Patrick and another v Lim Poh Goon and others

General Division of the High Court15 February 2024

Companies — Incorporation of companies — Lifting corporate veil; Contract — Breach; Contract — Misrepresentation — Fraudulent; Equity — Dishonest assistance; Equity — Knowing receipt; Tort — Conspiracy; Trusts — Constructive trusts — Institutional constructive trusts — Remedial constructive trusts; Trusts — Quistclose trusts; Restitution — Unjust enrichment — Proprietary restitution

Result 118

[2024] SGHC 20

Progress ABMS Pte Ltd v Progress Welded Mesh Sdn Bhd

General Division of the High Court29 January 2024

Civil Procedure — Summary judgment — Whether defendant had a real or bona fide defence to the claimant’s claim; Civil Procedure — Summary judgment — Effect of counterclaim — Whether a stay of execution of the summary judgment should be granted pending the trial of the counterclaim; Debt and Recovery — Right of set-off; Contract — Formation — Whether there was an oral contract; Tort — Conspiracy — Conspiracy by unlawful means

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