A Power of Attorney (“POA“) is a legal document that allows a person (the “Donor”) to legally authorise another person (the “Donee” or “Attorney”) to act on the Donor’s behalf either generally or with regard to a specific matter. The Donee’s acts will bind the Donor legally as though the Donor did those acts himself.
Case Update: Lee Siew Boon Winston v PP [2015] – criminal reference
Lee Siew Boon Winston v PP [2015] SGCA 67
Significance: conditions for leave to grant criminal reference to Court of Appeal.
In Singapore’s system of criminal justice, there is only one tier of appeal. Apart from the single tier of appeal, there is the criminal reference procedure, where one or more questions of law of public interest can be brought to the Court of Appeal, but only with leave: [4].
Continue reading “Case Update: Lee Siew Boon Winston v PP [2015] – criminal reference”
Case Update: Airtrust (Hong Kong) v PH Hydraulics & Engineering [2015] – punitive damages, breach of contract
Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd [2015] SGHC 307
Significance: punitive or exemplary damages awarded for breach of contract by way of delivery of a defective manufactured good.
Case Update: Per Ah Seng Robin v Housing and Development Board [2015] SGCA 62 – HDB illegal sublet
Per Ah Seng Robin v Housing and Development Board [2015] SGCA 62
Significance: HDB’s right to compulsorily acquire a flat when the flat was illegally sublet.
Case Update: Daniel John Brader and others v Commerzbank AG [2013] SGHC 284 – collateral contract, discretionary bonus, employment
Daniel John Brader and others v Commerzbank AG [2013] SGHC 284
Significance: Court held that an announcement made to employees at a Townhall meeting regarding bonus payments was held to be a sufficiently certain binding unilateral contract collateral to their employment contracts.
Case Update: Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66 – compounding debt, statutory demands, winding-up
Bombay Talkies (S) Pte Ltd v United Overseas Bank Limited [2015] SGCA 66
Significance: meaning of compounding debt in respect of statutory demands under the companies winding-up regime.
Case Update: Boey Pang Sim Richard v Law Society of Singapore [2015] SGHC 302 – Rule 31 of PCR, meaning of persons involved in or associated with former clients
Significance: principles on Rule 31 of the Legal Profession (Professional Conduct) Rules prohibiting solicitors from acting against former clients and persons “involved in or associated with” former clients in related matters; meaning of persons “involved in or associated with” former clients; “related matters”.
Case Update: PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295 – stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate and exclusive jurisdiction clause
PT Selecta Bestama v Sin Huat Huat Marine Transportation Pte Ltd [2015] SGHC 295
Significance: stay of proceedings, multi-tiered dispute resolution clause, obligation to negotiate prior to legal proceedings and exclusive jurisdiction clause; reliance on exclusive jurisdiction clause despite challenging validity of contract.
Case Update: Piattchanine, Iouri v Phosagro Asia Pte Ltd [2015] SGHC 259 – new grounds for terminating employment contract post-termination; breaches of implied contractual duties of employee
Piattchanine, Iouri v Phosagro Asia Pte Ltd [2015] SGHC 259
Significance: High Court determines issue of when it is permissible to raise new grounds for terminating employment contract post-termination; breaches of implied contractual duties of employee.
Case Update: Tan Chin Hoon v Tan Choo Suan [2010] – beneficial owners of shares, minority oppression
Tan Chin Hoon and others v Tan Choo Suan and others [2010] SGHC 340
Significance: beneficial owners of shares in companies do not have the locus standi to commence actions in minority oppression. Such beneficial owners should first commence proceedings to have the shares transferred to themselves before commencing action in minority oppression.