The Singapore High Court in iHub Solutions Pte Ltd v Freight Links Express Logisticentre Pte Ltd  SGHC 06* held that the Defendant landlord had breached an implied term of expeditious renewal and an implied term of quiet enjoyment, by inter alia committing various acts of hindrances against the tenant to pressurise the tenant to…
Author: Dominic Chan
Monetary Judgment cannot be enforced by WSS on Jointly Owned Property
The Singapore High Court confirms that a monetary judgment cannot be enforced by way of a writ of seizure and sale (“WSS”) against the judgment debtor’s interest in immovable property which is held under a joint tenancy.
City Harvest Appeal Decision Explained – Episode 3 (Minority Report)
Why did the Minority take the view that both Sun Ho and Kong Hee had obtained benefits from the misappropriated funds, that the appellants did not act in the best interests of CHC, that CHC had suffered permanent financial loss, and that little weight (if any) should be given to the fact of “full restitution”? What are the practical implications of this case on how churches and charities should deal with donations? We will consider all these questions, and more, in Episode 3.
City Harvest Appeal Decision Explained – Episode 2 (Sentencing)
In Episode 2, we will try to understand why the sentences became lighter than what was initially given by the Judge.
City Harvest Appeal Decision Explained – Episode 1
The City Harvest Church appeal decision was released by the High Court on 7 April 2017. In a rare split decision, two out of the three appeal judges (the “Majority”) significantly reduced the sentences of Pastor Kong Hee and 5 others. Before one is able to form a balanced view or to comment fairly on the decision, one should seek to understand the High Court’s grounds of decision. However, the detailed grounds of decision were a massive 298 pages long. Most people will never read it, let alone in full. In Episode 1 of this blog post, I will attempt to summarize the complex facts of the City Harvest case and to explain the grounds for the Majority’s decision to largely dismiss the appeals against conviction, before moving on in the next post (Episode 2) to explain why the Majority reduced the charges to a less serious form of criminal breach of trust and their decision to reduce the sentences, and then analyzing in a final post (Episode 3) the illuminating views of the dissenting judge (the “Minority”), and to set out the practical implications of this case for various people and organizations.
Deadlocked Shareholders in a Company: Whether Statutory Derivative Action should be Allowed
Two shareholders of a company each holding equal shares were at loggerheads. One applied to the Court for leave to commence an action against the other through the company, alleging wrongdoing on the part of the other. The Singapore High Court in Wong Lee Vui Willie v Li Qingyun  SGHC 297 reiterated the…
The Extent and Limitation of a “Free-Hand Rights” Clause in Building and Construction Contracts
In my article posted on the Singapore Law Blog, I have discussed the following important issues: (1) The extent and limitation of a “free-hand rights” clause in a building and construction contract, and what would constitute defects despite such a clause granting extremely wide discretion to a contractor; and (2) Whether damages for defective works…
SICC: Meaning of a Claim of an International & Commercial Nature, & What Constitutes a Written Jurisdiction Agreement
The recently established Singapore International Commercial Court, which adjudicates claims of an international and commercial nature (in relation to which the parties have submitted to the Singapore International Commercial Court’s jurisdiction under a written jurisdiction agreement), is meant to further boost Singapore’s value as a “prime destination for international commercial dispute resolution”. This article explores…
Building and Construction Contracts: Airforce Officer Lieutenant Colonel Ng Boo Han Wins Appeal against Neighbour for Renovation Defects
Singapore High Court: Ng Boo Han & Koo Oi Lian Audrey-Ann v Teo Boon Hiang Edward  SGHC 267* Ng Boo Han, a former Lieutenant Colonel in the Airforce, and his wife, Mdm Audrey-Ann Koo Oi Lian, have substantially won their appeal in the High Court against the decision of a District Judge who had…
Faith Community Baptist Church v Attorney-General: Court of Appeal Strikes Out AG’s Appeal
Singapore Court of Appeal: Faith Community Baptist Church v Attorney-General (CA88/2014, SUM3016/2014)* In 2010, Parliament amended the Supreme Court of Judicature Act (SCJA) (Cap. 322) to streamline and restrict appeals from interlocutory orders to the Court of Appeal. Only orders from a High Court judge which has the effect of finally disposing of parties’ substantive…