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Singapore · Practice area

Tort

Negligence, defamation, nuisance, and other civil wrongs.

379 decisions

Principal legislation

Tort decisions

Result 122

[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 128

[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 130

[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

Result 133

[2023] SGHC 361

Marten, Joseph Matthew and another v AIQ Pte Ltd (in liquidation) and others

General Division of the High Court29 December 2023

Companies — Oppression — Minority shareholders — Locus standi of nominee holding company to bring oppression action for acts done to beneficial shareholder; Companies — Oppression — Minority shareholders — Rights issue to raise urgently needed funds for company not oppressive conduct even if other shareholders are diluted; Companies — Directors — Shadow directors; Companies — Oppression — Minority shareholders — Qua member rule; Companies — Oppression — Minority shareholders — Reflective loss principle; Companies — Oppression — Minority shareholders — Whether there was an understanding and agreement between two shareholders that gave rise to equitable considerations; Companies — Oppression — Minority shareholders — Acts of shareholder bring oppression suit to be considered when determining if conduct complained of is unfair, as long as no tit-for-tat behaviour; Tort — Conspiracy — Unlawful means conspiracy — Whether breach of company constitution is a wrongful act; Tort — Conspiracy — Lawful means conspiracy

Result 137

[2023] SGHC 326

Ho Dat Khoon v Chan Wai Leen (in her personal capacity and as administratrix of the estate of Wong Ching Fong, deceased) and another

General Division of the High Court17 November 2023

Gifts — Avoidance — Whether inter vivos gift could be set aside for mistake; Land — Registration of title — Whether rectification of the land-register should be ordered; Tort — Conspiracy; Restitution — Unjust enrichment — Whether proprietary remedies could be obtained for a claim in unjust enrichment; Civil Procedure — Costs —Principles

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