Interesting case: Kallivalap Praveen Nair v Glaxosmithkline Consumer Healthcare Pte Ltd [2022] SGHC 261
Ex-employee claimed that employer GSK breached its employment contract by failing to follow its own employment policies.
Directors winding up companies under Singapore’s IRDA
Significance: in Adip Mittal v Offshore Holding Company Pte Ltd [2022] SGHC 239, the General Division of the Singapore High Court (coram Goh Yihan JC) considered, in the first reported decision on this issue, the legal principles applicable to s 124(1)(b) of the Insolvency, Restructuring and Dissolution Act 2018 (IRDA), which allows directors to wind up companies. Prior to the IRDA, directors had no legal standing to wind up companies.
Continue reading “Directors winding up companies under Singapore’s IRDA”
SGHC on intention to repair in cost of cure damages claims
Significance: the General Division of the Singapore High Court in JSD Corp Pte Ltd v Tri-Line Express Pte Ltd [2022] SGHC 227 (coram: Goh Yihan JC) clarified that a claimant’s intention to repair will be a very significant factor in the court’s assessment on whether to grant cost of cure damages in claims of breach of contract or negligent damage to property.
Continue reading “SGHC on intention to repair in cost of cure damages claims”
Case: Singapore High Court grants declaratory judgment in default and varies default judgment in part
Powercom Yuraku Pte Ltd v Sunpower Semiconductor Ltd [2022] SGHC 211
Significance: This is the first time the Singapore court explained the legal basis on which: (a) a judgment granted in default of defence can be set aside in part; and (b) declarations can be made in default of defence or on admission or by consent. Goh Yihan JC explains in this judgment.
DAO Legal Structures and Considerations under Singapore Law
DAO web3.0 blockchain-based (Decentralised / Digital Autonomous Organisations) legal structures and considerations under Singapore law
Case: [2022] SGHCR 7 – procedural considerations regarding starting a suit against estate
Maybank Singapore Limited v Personal representatives of the estate of Khoo Gek Hwa Christina, deceased [2022] SGHCR 7
Significance: The Assistant Registrar set out practical guidance on the procedure for starting a suit against a deceased’s estate at [98]:
Overview of Crypto, Digital Tokens, Virtual Assets Laws & Regulations in Singapore (June 2022)
Case: Singapore High Court on what constitutes confidential information protectable post-employment
Significance
In Asia Petworld Pte Ltd v Sivabalan s/o Ramasami [2022] SGHC 128, the General Division of the Singapore High Court (Philip Jeyaretnam J) analysed certain categories of information to determine if they were subject to implied general confidentiality obligations post-employment. The Court affirmed a key principle that the knowledge and experience that an employee acquires during his employment is not protectable confidential information post-employment.
Tax treatment of payment of salary or business goods or services in cryptocurrency
Should an employee accept payment of her salary in cryptocurrency or digital tokens? Should a business accept digital payment tokens as payment for goods or services? What are the tax implications? What is the best way to structure such payments?
Case: Court’s comments on contractual discretion and implied term of mutual trust and confidence
Significant comments by the Appellate Division of the Singapore High Court.
In Dong Wei v Shell Eastern Trading (Pte) Ltd [2022] SGHC(A) 8, the Court in obiter dicta considered and said that:
a. although it has been held that an employer’s exercise of a contractual discretion is subject to requirements of rationality, good faith and consistency with the contractual purpose (Leiman, Ricardo and another v Noble Resources Ltd and another [2018] SGHC 166 at [112]-[114]; Braganza v BP Shipping Ltd and another [2015] 1 WLR 1661);
b. such a fetter on contractual discretion should not extend to the contractual right to terminate with notice (at [88]);
c. further, this fetter would cut both ways and also limit an employee’s right to terminate with notice (at [92]);
d. the existence of an implied term of mutual trust and confidence in employment contracts under Singapore law is not yet settled (The One Suites Pte Ltd v Pacific Motor Credit (Pte) Ltd [2015] 3 SLR 695 (CA) at [44]);
e. the High Court of Australia in Commonwealth Bank of Australia v Barker (2014) 312 ALR 356 had firmly rejected this in Australian law. The Court’s reasoning there would be cogent in the Singapore law context too.
#singaporelaw #law #employmentlaw #litigation #contractlaw