Commentaries |
| Supreme Court Note: Tan Beow Hiong v Tan Boon Aik [2010] SGHC 218 (activation of suspended orders for committal) | The High Court clarified the procedure for activating suspended committal orders. The Court held that where a suspended committal order had been made, and the contemnor breached the terms and conditions on which the order was suspended, the court was not obliged to impose the suspended sentence, but had a discretion to do what was just in the circumstances. In order for this discretion to be properly exercised, there had to be a renewed application inter partes, by way of an amended application for a committal order under O 52 r 3 of the Rules of Court, to lift the suspension and activate the sentence, followed by a hearing inter partes at which the court could then decide, after considering all the relevant facts, what the consequence of the breach, if any, ought to be. Supreme Court Note, Supreme Court, Aug, 2010 |
| Supreme Court Note: AJR v AJS [2010] SGHC 199 (division of matrimonial assets) | The High Court set out a methodology which it used as a rough check on its exercise of discretion in the division of matrimonial assets. Supreme Court Note, Supreme Court, Jul, 2010 |
| Supreme Court Note: Petroprod Ltd v Larsen Oil and Gas Pte Ltd [2010] SGHC 186 (whether insolvency claims arbitrable) | In this case, concerning an application for a stay in favour of arbitration, the High Court considered the arbitrability of insolvency and insolvency-related claims. Supreme Court Note, Supreme Court, Jun, 2010 |
| Supreme Court Note: Siemens AG v Holdrich Investment Ltd [2010] SGCA 23 (clarifications on natural forum doctrine) | The Court clarified the forum conveniens or natural forum doctrine in this case, which concerned the grant of leave for serving an originating process out of jurisdiction. Supreme Court Note, Supreme Court, Jun, 2010 |
| Supreme Court Note: Lim Boon Keong v PP [2010] SGHC 179 (urine testing requirements under Misuse of Drugs Act) | In this Magistrate's Appeal against the appellant's conviction for consuming norketamine, the Court was originally asked to decide a number of points of law relating to the offence of consumption under the Misuse of Drugs Act. Supreme Court Note, Supreme Court, Jun, 2010 |
| Supreme Court Note: Chee Jok Heng Stephanie v Chang Yue Shoon [2010] SGHC 153 (fiduciary in breach may not have illegality defence) | A person in breach of his fiduciary duty may not be allowed to rely on the defence of illegality to benefit from his breach. Supreme Court Note, Supreme Court, May, 2010 |
LEGISLATION
Securities and Futures (Market Conduct) (Exemptions) (Amendment) Regulations 2010: MAS implements changes to the framework for price stabilisation actions  | The key change effected by the Amendment Regulations is to allow stabilisation actions to be taken for non-debenture securities and secondary offerings. Legal News, WongPartnership LLP, Aug, 2010 |
| Income Tax (Amendment) Bill 2010: MOF conducts public consultation and proposes changes to Income Tax (Automation Equipment) Rules) | The Ministry of Finance conducted a public consultation regarding proposed legislative changes in the draft Income Tax (Amendment) Bill 2010 relating to amendments that give effect to policies announced in Budget 2010. Legal Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| Banking Regulations amendments: Implementing MAS proposals for greater scope and flexibility in banks' private equity and venture capital investments | On 5 July 2010, the Monetary Authority of Singapore issued its response to feedback received on its 16 December 2009 consultation paper "Consultation paper on proposed requirements for banks' private equity and venture capital investments". To implement the proposals in the consultation paper, the Banking Regulations have been amended with effect from 5 July 2010. Financial Services Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| Goods and Services Tax (Amendment) Bill 2010: Implementing Budget 2010 changes | The Goods and Services Tax (Amendment) Bill was introduced in Parliament on 19 July 2010. It seeks to implement tax changes announced in Budget 2010 as well as changes arising from the ongoing review of the GST regime. Legal Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| Singapore ratifies the UN Convention on the Use of Electronic Communications in International Contracts | Singapore ratified the UN Convention on the Use of Electronic Communications in International Contracts on 7 July 2010. The Convention seeks to facilitate global electronic commerce trade by harmonising laws amongst countries and provide a set of comprehensive rules relating to the use of communications in the negotiation and formation of international contracts. Law News, Rajah & Tann LLP, Jul, 2010 |
| Building and Construction Industry Security of Payment Act: When a claim for payment is not a payment claim | This update looks at the legislation governing the construction industry and the recent case law developments thereunder. CNP Update, Colin Ng & Partners, Jul, 2010 |
| Land Titles (Strata) (Amendment) Act 2010: An Overview | On 18 May 2010, Parliament passed the Land Titles (Strata) (Amendment) Bill, which comes into force on 15 July 2010. It imposes stricter rules to streamline and clarify the collective sale process. CNP Update, Colin Ng & Partners, Jul, 2010 |
| Electronic Transactions Act: Repealed and re-enacted | The Electronic Transactions Act has been repealed and re-enacted. It seeks to provide for the security and use of electronic transactions and to align Singapore laws on electronic transactions with the UN Convention on the Use of Electronic Communications in International Contracts. ... Law News, Rajah & Tann LLP, Jul, 2010 |
| Criminal Procedure Code 2010 becomes law | The Criminal Procedure Code 2010 was passed in Parliament on 19 May 2010 which saw the introduction of major changes after extensive consultations with government agencies and stakeholders in the legal industry. ... Law News, Rajah & Tann LLP, Jul, 2010 |
| MOF conducts public consultation on draft GST (Amendment) Bill 2010 | The Ministry of Finance conducted a public consultation in relation to the draft GST (Amendment) Bill which covers Budget 2010 changes as well as other changes to tax policies and administration as a result of an on-going review of the GST regime. Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 |
| MOF conducts public consultation on draft Property Tax (Amendment) Bill 2010 | The Ministry of Finance conducted a public consultation in relation to the draft Property Tax (Amendment) Bill which aims to improve tax administration and clarity to taxpayers with regard to the Property Tax Act. Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 |
| Building and Construction Industry Security of Payment Act: Pitfalls in drafting payment claims under the Act | A key component of the Building and Construction Industry Security of Payment Act is the introduction of adjudication as a statutory form of dispute resolution which emphasises speedy decisions as compared to arbitration or litigation. Timelines for adjudication are short and failure to comply with them may lead to serious consequences for the defaulting party. ... Law News, Rajah & Tann LLP, June, 2010 |
| Mental Capacity Act: Lasting power of attorney | The Mental Capacity Act came into force on 1 March 2010. A key feature of the Act is the introduction of a statutory mechanism called the lasting power of attorney. Legal Bulletin, Allen & Gledhill LLP, Apr, 2010 |
| Land Titles (Strata) (Amendment) Bill 2010: Changes relating to collective sales | The Land Titles (Strata) (Amendment) Bill was passed on 18 May 2010 to improve the process of collective sales, taking into account competing interests. ... Legal Bulletin, Allen & Gledhill LLP, May, 2010 |
| Electronic Transactions Bill: Passed in Parliament | Electronic Transactions Bill was passed in Parliament on 19 May 2010, paving the way for a conducive legal framework for e-commerce trade in Singapore. The Bill repeals and re-enacts the current Electronic Transactions Act. Legal Bulletin, Allen & Gledhill LLP, May, 2010 |
JUDGMENTS
| SCA rules on what constitutes reasonable mitigation of losses | The SCA in The "Asia Star" |
| SHC: Private banks' contractual and/or tortious duty to give investment advice | The SHC in Go Dante Yap v Bank Austria Creditanstalt AG |
| Insider trading and the benefits of criminal conduct: The Kevin Lew matter | The SHC in Lew Chee Fai Kevin v WBL Corp Ltd |
| SHC: Dispute Adjudication Board's decision under FIDIC's 1999 "Red Book" not enforceable by arbitration | The SHC in PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation |
| SHC considers whether director in breach of fiduciary duties | The SHC in Zim Integrated Shipping Services Ltd v Dafni Igal |
| SHC refuses stay of execution of arbitration award pending appeal | The SHC in Strandore Invest A/S v Soh Kim Wat |
| SHC: Section 210 Companies Act does not apply to foreign company with no assets or insufficient connection with Singapore | The SHC in Re TPC Korea Co Ltd |
| SHC approves scheme of arrangement after considering issues on requisite majority achieved at scheme meeting and lack of transparency | The SHC in Re TT International Ltd |
| Recent developments: Arbitration; joint ventures; insurance; wills and succession | This executive summary features the cases Petroprod Ltd v Larsen Oil and Gas |
| SHC sets aside arbitration award upholding agreement directed towards stifling criminal proceedings | The SHC ruled in AJT v AJU |
| Public policy arguments and Mareva injunction in proceedings for the enforcement of foreign arbitration awards | The SHC in Strandore Invest A/S and others v Soh Kim Wat |
| Honest concurrent use under Hong Kong and Singapore trade mark law | This article highlights the concept of "honest concurrent use" by analysing a judgment passed by the Court in Hong Kong and examining the corresponding position under Singapore law. CNP Update, Colin Ng & Partners, Jul, 2010 |
| SCA holds co-owners must act together in collective sales | The Singapore Court of Appeal in Goh Teh Lee v Lim Li Pheng Maria |
| SHC holds contract avoided due to common mistake about fundamental and essential point | The Singapore High Court in Norwest Holdings Pte Ltd (in Liquidation) v Newport Mining Ltd |
| SCA holds sole director of company personally liable for costs | The Singapore Court of Appeal in DB Trustees (Hong Kong) Ltd v Consult Asia Pte Ltd |
| SHC declines leave to bring common law derivation action | The Singapore High Court in Sinwa SS (HK) Co Ltd v Morten Innhaug |
| SHC: Examining the opt-in nature of the electronic discovery practice direction | Practice Direction No 3 of 2009 deals with the adoption of electronic discovery and inspection. The SHC case of Deutsche Bank AG v Chang Tse Wen |
| SHC found former CFO liable to pay civil penalty to MAS for insider trading | The SHC in Monetary Authority of Singapore v Lew Chee Fai Kevin |
| SCA finds easement abandoned and no longer subsisting under s 46(1) of Land Titles Act | The SCA in Lian Kok Hong v Lee Choi Kheong & Ors |
| SHC considers insurance claims by main contractor in relation to injury of workman employed by sub-contractor | The SHC in Mohammed Shahid Late Mahabubur Rahman v Lim Keenly Builders Pte Ltd |
| SHC analyses scope of principle that release of joint debtor releases all other joint debtors | The SHC in the case of Econ Piling Pte Ltd & Anor v Sambo E&C Pte Ltd and another matter |
| SHC holds resolution approving bonus entitlements invalid where director not acting in best interest of company | The SHC in Tan Hup Thye v Refco (Singapore) Pte Ltd (in members' voluntary liquidation) |
COMMONWEALTH
| Aktas v Westpac Banking Corporation Limited [2010] HCA 25 (Tort, Defamation): catchwords | Tort - Defamation - Qualified Privilege - Respondent bank mistakenly refused to pay cheques drawn on appellant's account - Whether communication of refusal to honour cheques to holder of cheques was defamatory to appellant - Whether bank entitled to rely on common law defence of qualified privilege SMU Highlights, Singapore Management University, Aug, 2010 |
| His Holiness Sant Baba Jeet Singh Ji Maharaj v Eastern Media Group Ltd [2010] EWHC 1294 (QB) (Tort, Defamation): catchwords | Tort - Defamation - Justiciability - Second defendant author of article entitled "Cult divides Sikh congregation in High Wycombe" published by first defendant in the Sikh Times - Claimant, a religious leader in India, alleging that article damaging to his reputation in the jurisdiction, particularly among Sikh communities - Whether applicability of defences of justification and fair comment to claims (among others) that claimant the leader of a cult and an imposter, and promoting blasphemy, justiciable - Whether court should rule upon religious doctrinal issues or intervene in regulation or governance of religious groups - Whether questions of faith or doctrinal opinion can be finally determined by methodology regularly brought to bear on conflicts of factual and expert evidence - Whether possible to isolate and resolve issues without referring to Sikh doctrines and traditions - Whether action should be stayed SMU Highlights, Singapore Management University, Jun, 2010 |
| Tabet v Gett [2010] HCA 12 (Tort of negligence): commentary | Tort - Negligence The High Court of Australia unanimously agreed that a patient cannot recover for the loss of chance of a better medical outcome unless it is shown, on a balance of probabilities, that he or she would have had a better outcome but for the doctor's negligence. This Australian position is consistent with the English House of Lords' decisions in Hotson v East Berkshire Health Authority and Gregg v Scott. ... SMU Highlights, Singapore Management University, Jun, 2010 |
| E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15 (Trade marks and trade names): catchwords | Trade Marks and Trade Names - Removal of registration for "non-use" - Appellant US wine producing company purchased right to registered trade mark "BAREFOOT" - Licensee of trade mark from prior registered owner had sold wines under the trade mark "BAREFOOT" together with a stylised picture of a bare foot to German company that on-sold some of the wines to Australian company (the sub-buyer) for retail distribution in Australia - Respondent Australian beer producing company subsequently sold beers under trade mark "BAREFOOT RADLER" with stylised picture of a bare foot similar to appellants - In response to appellant's claim for infringement, respondent sought removal of appellant's registration of trade mark for non-use under Australian Trade Marks Act - Whether offer for sale and selling of wine under the trade mark by sub-buyer in Australia, without knowledge of appellant or prior owner and licensee of trade mark, constituted "use" by registered owner under relevant sections in the Act - In this regard, whether (i) said licensee of trade mark was authorised user; (ii) whether use of trade mark was "in good faith"; (iii) whether offer and sale of wines by sub-buyer was use "in the course of trade"; and (iv) whether use of trade mark "BAREFOOT" together with a stylised picture of a "barefoot" as opposed to simply the word "BAREFOOT" constituted use of the registered trade mark SMU Highlights, Singapore Management University, Jun, 2010 |
| John Alexander's Clubs Pty Limited v White City Tennis Club Limited [2010] HCA 19 (Trust, Constructive trust) | Trusts - Constructive Trusts - White City Tennis Club Ltd ("the Club") had been operating on leased and licensed premises, and desired to continue club activities on same premises even after owner of premises sells it - The Club entered into memorandum of agreement ("MOU") with John Alexander Clubs Pty Ltd ("JACS"), a sporting club premises development company, for JACS to obtain from owner or subsequent owner of land an option to purchase and exercise such option on behalf of company ("new club") to be formed by JACS, in which the Club's existing members could choose to become shareholders, conditional upon new club entering simultaneously into an operating agreement with another company ("new operating company") to be formed by JACS and granting a 99 year lease to the same; also to obtain option exercisable by the Club if JACS were unable or fail to exercise option - Subsequent series of agreements entered into between purchasers of land from owner, the Club and JACS - Last agreement ("3rd agreement") conferred option to purchase on JACS or JACS' nominee, and if JACS did not exercise option within stipulated period, the Club to be given the option to purchase; also the Club relinquished existing rights to lease and licence over land - 3rd agreement did not require JACS to exercise option on behalf of new club or impose other conditions mentioned in MOU - New club and new operating company never formed - JACS' nominee subsequently exercised option pursuant to 3rd agreement - The Club alleged breach of fiduciary duty, equitable fraud and unconscionable conduct on part of JACS - Interpretation of terms in MOU and 3rd agreement - Whether MOU terms amount to joint venture between the Club and JACS - Legal significance of a joint venture - Whether MOU terms create a fiduciary relationship and/or constructive trust so that JACS or their nominee on exercising option, hold land on trust for the Club - Whether the Club's surrender of existing lease and licence over premises enabled grant of option to JACS - Whether terms in 3rd agreement inconsistent with terms in MOU supersede the latter SMU Highlights, Singapore Management University, Jun, 2010 |
BUSINESS
| CCS issues Statement of Decision in respect of the Singapore Medical Association's fee guidelines | When comparing a possible anti-competitive agreement with the Competition Act, the CCS will examine the competitive environment in the respective markets and the impact the agreement will have. As concluded by the CCS on 18 August 2010, Singapore Medical Association's Guidelines on Fees infringed s 34 of the Competition Act and did not benefit from the Net Economic Benefit exclusion. Legal Update, Drew & Napier LLC, August, 2010 |
| MOF consultation papers on mergers and acquisitions scheme | The MOF issued two consultation papers on the M&A scheme and the draft Stamp Duties (Amendment No. 2) Bill 2010 following the Budget 2010 announcement by the Minister of Finance of a M&A tax allowance and stamp duty relief. Legal Update, Drew & Napier LLC, August, 2010 |
| MAS issues consultation paper on "Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance" | The MAS has reviewed the regulations and overall framework governing the area of credit, political risk and mortgage insurance to ensure they are in line with international practices, and have introduced a consultation paper on its proposed amendments to existing regulations. Financial Services Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| MAS revises MAS Notice 637 on Risk Based Capital Adequacy Requirements for Banks Incorporated in Singapore | The MAS revised MAS Notice 637 to incorporate recommendations by the Basel Committee on Banking Supervision to enhance the Basel II framework and other proposed amendments arising from the MAS' ongoing policy review of capital rules and guidance. Financial Services Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| MAS issues consultation paper on "Proposed Framework for Reinsurance Management" | Having observed unsatisfactory practices such as incomplete or non-existent documentation of outward reinsurance arrangements and over-concentration in one reinsurance counterparty or group of related reinsurance counterparties, the MAS issued a consultation paper on a proposed supervisory and regulatory framework to govern the reinsurance management of insurers. Financial Services Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| ACRA and SGX provide guidance to strengthen audit quality | ACRA and SGX have jointly issued the "Guidance to Audit Committees on Evaluation of Quality of Work Performed by External Auditors" which seeks to strengthen the quality of audit among companies by providing practical guidance to Board and Audit Committees in evaluating work performed by their external auditors. Legal Bulletin, Allen & Gledhill LLP, Jul, 2010 |
| Recent developments: Banking regulation, capital markets, insurance regulation | This executive summary features developments in banking regulations on private equity and venture capital investments, MAS updated Guidelines on the Criteria for Licensing of REIT Managers, MAS Consultation Paper on Proposed Framework for Reinsurance Management, and MAS Consultation Paper on Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance. Legal News, WongPartnership LLP, Jul, 2010 |
| SIAC Arbitration Rules 2010 come into effect from 1 July 2010 | After extensive consultation with practitioners, arbitrators and other stakeholders, the Singapore International Arbitration Centre (SIAC) released its Arbitration Rules 2010, which came into operation on 1 July 2010. The 2010 Rules retains the foundation of the 2007 Rules, while adding new rules to facilitate more efficient and effective arbitration at the SIAC. Law News, Rajah & Tann LLP, Jul, 2010 |
| Our (banking) secrets are safe for now | As Singapore strives to be a leading financial centre in the region, banking secrecy laws have become increasingly important. This update looks at the legislation and case law that governs this area. ... Rodyk Reporter, Rodyk & Davidson LLP, Jun, 2010 |
| The importance of design registration - Design, register or lose! | While many products are designed at a high cost, their manufacturers tend not to seek registration of these designs due to various reasons. This update discusses the legal protection afforded in this area of intellectual property. ... Rodyk Reporter, Rodyk & Davidson LLP, Jun, 2010 |
| The Singapore International Arbitration Centre issues a revised set of rules | The SIAC Rules 2010 has been released and comes into effect on 1 July 2010. The new Rules contain a new Schedule of Fees, a new Expedited Procedure (new Rule 5), a new rule on the appointment of an Emergency Arbitrator if interim relief is required, the removal of rules relating to the drawing up of Memorandum of Issues, amongst others. & Legal News, WongPartnership LLP, Jul, 2010 |
| SGX responds to feedback received from consultation paper on revised requirements for direct business trades | Earlier this year, the SGX conducted a public consultation on its proposals to revise the requirements for direct business trades. There were concerns raised by market participants about the potential adverse impact of raising the direct business threshold on trading costs, market liquidity, amongst others. Financial Services Bulletin, Allen & Gledhill LLP, Jun, 2010 |
| IRAS Consultation Paper on Mergers and Acquisitions Scheme | It was announced in the Singapore Budget 2010 that a new Merger and Acquisition Allowance and stamp duty remission will be introduced to defray the costs of acquiring companies. Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 |
| New MOU between Singapore and New South Wales Supreme Courts on Questions of Foreign Law | With the growing cooperation between judges from different nations in tackling issues arising under foreign law, the Singapore and New South Wales Supreme Courts signed an MOU to work closely where such occasions arise. ... Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 |
| New Productivity and Innovation Credit for Investments in Design scheme launched | Pursuant to the anncouncement made in the Singapore Budget 2010, the Productivity and Innovation Credit for Investments in Design scheme was implemented on 1 June 2010. The scheme allows tax deductions for companies that invest in the innovation and development of well-designed products. ... Legal Bulletin, Allen & Gledhill LLP, Jun, 2010 |
