Close

RESULTS

The limits of plea agreement: Oh Hin Kwan Gilbert v Public Prosecutor [2025] SGHC 22

How much weight does a plea agreement carry in the court’s decision? In Oh Hin Kwan Gilbert v Public Prosecutor [2025] SGHC 22, the High Court dismissed an appeal against a sentence of imprisonment despite the parties having agreed to seek a fine if the appellant pleaded guilty.

[SAcLJ]: Injunctions without a cause (of action)

Half a century ago, it was accepted that the court’s power to grant injunctions was limited to situations where the applicant had an independent underlying substantive right against the respondent. This notion is now generally considered outmoded, in view of the incremental development of novel forms of injunctions, many of which are “freestanding” in the sense of not requiring an independent underlying substantive right or cause of action. This article defends the modern position and argues that the rejection of “freestanding” injunctions in Gazelle Ventures v Lim Yong Sim [2024] 4 SLR 1066 represents a backward step that should not be followed.

[SAcLJ]: Valuing connection to the family, but rewarding effort, above all: reviewing the past ten years of matrimonial asset division cases

This article reviews the past ten years of matrimonial asset division cases, examining what comprises a matrimonial asset, and the two main approaches for dividing matrimonial assets in ANJ v ANK [2015] 4 SLR 1043 and TNL v TNK [2017] 1 SLR 609. It discusses the various factors used in these two approaches, eg, marriage length, whether it is single or double-income, and the extent of parties’ contributions.

Injunction Orders: Why is it the weapon of choice in fraud and asset recovery?

This update looks at the case of Ho Kai Xin v ByBit Fintech which underscores how breaching an injunction order can lead to severe legal and financial consequences.

Ignore an arbitration at your own risk: DEM v DEL [2025] SGCA 1

In DEM v DEL [2025] SGCA 1, the Court of Appeal considered among other things whether a non-participating party to an arbitration can challenge the award on grounds that the arbitrator failed to consider a point which was not put in issue.

Determining PDPA contravention: Judicial elucidation of deemed consent and consent exceptions

This update looks at the decision of Martin Piper v Singapore Kindness Movement [2024] SGDC 292 which provides instructive judicial guidance on, and a clear enunciation of the proper balance to be struck between the individual and the organizational needs under the PDPA.

[SAcLJ]: Damages for Tortious Injuries to Companion Animals: Walker Helen Debra v Soh Poh Geok [2021] SGMC 79 [Case Note]

The Magistrate’s Court’s decision in Walker Helen Debra v Soh Poh Geok [2021] SGMC 79 is the first published decision in Singapore that directly considers the principles applicable to an award of damages for tortious injury to a companion animal. This note tests the limits of the framework governing tortious remedies for damaged and destroyed chattels and argues for a shift away from the conventional “market value” analysis and the “total constructive loss” rule in favour of a holistic test of reasonableness in determining the recoverability of damages.

Valuing an Asset in an Undervalue Transaction Claim: Equitable Value or Market Value?

This update takes a look a the decision of SW Trustees Pte Ltd v Teodros Ashenati Tesemma and others [2024] SGHC 322 where the court laid down important principles on how to value the consideration received, and the consideration provided, for undervalue transaction claims under section 224 of the Insolvency, Restructuring and Insolvency Act 2018.

Data Protection Quarterly Updates (October – December 2024)

The Personal Data Protection Commission published one decision between October and December 2024 after concluding an investigation relating to the Protection Obligation under the Personal Data Protection Act 2012. This update highlights the salient points of the decision.

IPOS update on IP/IT dispute resolution in Singapore: January 2025

This update covers recent court decisions and featured articles, events and developments relating to IP/IT dispute resolution in Singapore in January 2025.

Spotlight on Sample IP/Tech Decisions from the Singapore Courts (2024: Year-in-Review)

This is a sampling of some decisions that the Singapore courts handed down in 2024, which provide useful insights relating to intellectual property, intangible assets or technology.

Division of Matrimonial Assets & the Co-mingling of Pre-Marital Assets: WQP v WQQ [2024] SGHC(A) 34

In WQP v WQQ [2024] SGHC(A) 34, the Appellate Division of the High Court held that the fact that the pool of matrimonial assets comprises substantial pre-marriage assets commingled with post-marriage assets is relevant to the division of matrimonial assets pursuant to s 112 of the Women’s Charter. This update discusses the court’s decision.

IPOS Decisions 2024: Year-in-Review

This write-up details selected issues, holdings and comments of interest for IPOS decisions issued in 2024.

Changi Airport Group (Singapore) Pte Ltd v Comptroller of Income Tax [2024] SGHC 281 – Capital allowance claims on airport assets

This update examines the recent High Court decision of Changi Airport Group (Singapore) Pte Ltd v Comptroller of Income Tax [2024] SGHC 281 which ruled that certain airport assets were structures and not plant and therefore not eligible for capital allowances under section 19A of the Income Tax Act 1967 (the Act) – affirming the decision of the Income Tax Board of Review.

Tags: Tax

Singapore High Court Grants Anti-Suit Injunction in Favour of Arbitration; Rejects Comity and Forum Fragmentation Arguments

This update reviews and sets out the key takeaways from the High Court decision of TrueCoin LLC v Techteryx, Ltd [2024] SGHC 296 where the court affirmed that the grant of an anti-suit injunction in favour of arbitration does not undermine comity and the risk of forum fragmentation should not be overstated especially in the context of arbitration agreements.

Singapore High Court grants funding creditor prospective priority for funding claw-back actions and clarifies scope of court’s powers in granting authorisation to liquidators to appoint solicitors

The decision of the Singapore High Court in Re Mingda Holding Pte Ltd and another matter [2024] SGHC 130 illustrates the considerations for rewarding funding creditors with an appropriate priority in the distribution of assets, and also provides guidance for liquidators seeking to appoint solicitors to assist in their duties or to bring legal proceedings on behalf of the company.

Singapore Court of Appeal Restates Law on Recovery of Deposits, Clarifies that the Penalty Rule Does Not Apply to Deposits

In Li Jialin and another v Wingcrown Investment Pte Ltd [2024] SGCA 48, the Singapore Court of Appeal held that a contractually stipulated deposit amounting to about 63% of the purchase price of a property in Singapore was not reasonable as an earnest, and hence could not be forfeited in its entirety or in part. This update takes a look at the Court of Appeal’s decision.

Court of Appeal Provides Guidance on When Non-Contractual Disputes are Caught by an Arbitration Agreement

This update discusses a recent Court of Appeal decision in COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills [2024] SGCA 50 which clarified the approach to be taken by courts in determining when a non-contractual dispute can be said to be “arising out of or in connection with” the contract between the parties.

High Court Appoints Interim Administrator to Preserve Status Quo of Disputed Estate

This update takes a look at a rare, published judicial decision in Singapore regarding interim administration in XBW v XBX and another [2024] SGHCF 30. This decision is instructive on the criteria for a grant of letters of administration pending determination of a probate claim.

Workplace Investigations, Disciplinary Hearings and Summary Dismissals – How Should They be Properly Carried Out?

The case of Dabbs, Matthew Edward v AAM Advisory Pte Ltd [2024] SGHC 26 involved a claim for wrongful dismissal and allegations of the breach of natural justice in respect of a workplace investigation and disciplinary hearing. This update delves into some of the issues which the court considered and discusses some of the things employers should note when dealing with such situations.


Terms Of Use Privacy Statement Copyright 2025 by Singapore Academy of Law
Back To Top