Law. Faith. Justice. Community. Culture.
Case Update: HSBC Trustee (Singapore) Limited v Carolyn Fong Wai Lyn [2016] SGHC 31
Significance: Singapore High Court interprets will holistically (as opposed to a clause-specific construction), orders estate’s properties to be mortgaged to raise funds for professional trustees’ fees and costs, and refuses to order that trustees be discharged as Court found it was not in the interests of beneficiaries given the ongoing litigation in relation to the estate.
In my September 2015 General Election Social Justice Petition Paper, I highlighted the problem of self-employed persons / freelancers being possibly unduly prevented from claiming Government-paid leave. I have since obtained clarification from the Government that such persons will not be prevented from claiming Government-paid maternity leave.
Continue reading “Govt-paid Maternity Leave for Self-Employed Persons”
Significance: Singapore High Court orders banks to disclose customer account information to plaintiffs in respect of the plaintiffs’ claims against the banks’ customer in an application for pre-action discovery under O 24 r 6(5) and/or the Court’s inherent jurisdiction (i.e. a Norwich Pharmacal order).
The decision was upheld on appeal by Andrew Ang SJ in Success Elegant Trading Ltd v La Dolce Vita Fine Dining Co Ltd and others and another appeal [2016] 4 SLR 1392; [2016] SGHC 159.
A M Mohamud (in substitution for Mr A Mohamud (deceased)) v WM Morrison Supermarkets plc [2016] UKSC 11
Significance: the UK Supreme Court held that an employer was vicariously liable for its employee’s act of causing injury to a customer under the close connection test.
Comment: this decision is significant because under previous applications of the doctrine of vicarious liability, an employer will not be held liable for an employee’s acts which were on his whim and frolic, outside the course of employment, or were unauthorised acts. In this case, the Court extended the analysis of unauthorised modes of authorised acts by the employer to an irrational physical attack as falling within the authorised act of an employee’s interactions with a customer.
Continue reading “Case Update: A M Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11”
Significance: Singapore Court of Appeal held that the plaintiff’s solicitors had not been negligent in advising on the legal implications of the plaintiff proceeding with the cross-border transaction to acquire an interest in an Indonesian coal mine based on an oral undertaking given by a 3rd party to obtain a forestry licence.
MOM calls for public feedback on Employment Claims Tribunal
The current Labour Court under the Employment Act only covers workers who earn less than $4,500 per month regarding their salary disputes. The Ministry of Manpower (MOM) is considering establishing the ECT to expand this scope to include all employees (except public servants, domestic workers and seafarers for the time being). The detailed proposal can be found here. The public has until 23 March 2016 to give feedback.
Continue reading “MOM calls for public feedback on Employment Claims Tribunal”
I read the Straits Times report “Investors cry foul over tree investments gone wrong” (25 February 2016) with sadness. My heart goes out to the many investors who put in their savings and hard earned money into the scam. In short, investors put in money into a Tropical Forestry Venture(S) Pte Ltd to invest in valuable tree saplings. Turns out to be a scam. The people behind the company disappeared with the cash. But what can be done for these investors to seek justice?
Continue reading “Tropical Forestry Venture Investment Scam: How to Obtain Recompense?”
Do more to protect higher-skilled workers: NTUC, Straits Times (25 February 2016)
HR and employment matters can turn very ugly when employees are terminated, retrenched or dismissed. Anger and bitterness resulting in potential long-drawn disputes and litigation can actually be avoided if employers and HR professionals apply the fundamental Golden Rule to employees who are being asked to leave.
Unions offer a form of protection and support. Legal counsel is an even more important way because then one would know what the legal rights are and how to negotiate for a fair and peaceable outcome for all.
Case Update: Chng Weng Wah v Goh Bak Heng [2016] SGCA 09 – Singapore Court of Appeal clarifies and applies law on order for account and equitable defence of laches
Significance: Singapore Court of Appeal clarifies law on order for account under equity and equitable doctrine or defence of laches.
Case Update: Sim Yong Teng and another v Singapore Swimming Club [2016] SGCA 10
Significance: Singapore Court of Appeal allowed the appeal and held that the trial judge should have disqualified all six members of a management committee from hearing a complaint against the appellant on the ground that they had prejudged the complaint against him, and that the administrative law principle of necessity had no application in the circumstances of the case. The Court opined that, as a matter of law, the principle of necessity is not applicable to private associations such as the respondent club but only to public bodies. Private associations may always change their rules if necessary without having to breach the rules of natural justice in any disciplinary proceedings against any of their members.