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This Paper Has Been Published in the Journal of Business Law and The
Supreme Court of Singapore, 1 Supreme Court Lane, Singapore 178879, t: (65)-6332-1020 _________________________________________________________________________________________________ This paper has been published in the Journal of Business Law and the Supreme Court Library Queensland gratefully acknowledges the permission of the editor, Professor Robert Merkin, to reprint it in the Yearbook. A version of this essay was delivered at the Current Legal Issues Seminar in the Banco Court on 12 September 2013. I would like to express my deepest appreciation to Ms Andrea Gan and Mr Jonathan Yap, Justices’ Law Clerks, Supreme Court of Singapore, as well as to Asst Prof Goh Yihan of the Faculty of Law, National University of Singapore, for their helpful comments and suggestions. I would also like to dedicate this essay to all the participants who displayed an extraordinary (and, I might add, rare) degree of enthusiasm and (above all) friendship. All errors remain mine alone. Further, all views expressed in this essay are personal views only and do not reflect the views of the Supreme Court of Singapore. Andrew Phang Our Vision: Excellence in judicial education and research. Our Mission: To provide and inspire continuing judicial learning and research to enhance the competency and professionalism of judges. The Challenge of Principled Gap-Filling — A Study of Implied Terms in a Comparative Context by The Honourable Justice Andrew Phang Boon Leong* There has been a veritable wealth of literature on implied terms — ranging from doctoral theses1 to book chapters,2 articles3 and (more recently) a book.4 What accounts for this interest? Perhaps the simplest explanation is that it is an extremely important topic with at least two important functions — one substantive, the other theoretical. -
The Development of Singapore Law: a Bicentennial Retrospective1
(2020) 32 SAcLJ 804 (Published on e-First 8 May 2020) THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1 The present article reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year. It is not only about origins but also about growth – in particular, the autochthonous or indigenous growth of the Singapore legal system (particularly since the independence of Singapore as a nation state on 9 August 1965). The analysis of this growth is divided into quantitative as well as qualitative parts. In particular, the former constitutes an empirical analysis which attempts – for the very first time − to tell the development of Singapore law through numbers, building on emerging techniques in data visualisation and empirical legal studies. Andrew PHANG Judge of Appeal, Supreme Court of Singapore. GOH Yihan Professor of Law, School of Law, Singapore Management University. Jerrold SOH Assistant Professor of Law, School of Law, Singapore Management University; Co-Founder, Lex Quanta. I. Introduction 1 The present article, which reviews (in broad brushstrokes) the status of Singapore law during its bicentennial year since the founding of Singapore by Sir Stamford Raffles in 1819, is of particular significance as English law constitutes the foundation of Singapore law. The role of Raffles and his successors, therefore, could not have been more directly 1 All views expressed in the present article are personal views only and do not reflect in any way the views of the Supreme Court of Singapore, the Singapore Management University or Lex Quanta. Although this article ought, ideally, to have been published last year, the immense amount of case law that had to be analysed has led to a slight delay. -
Contract Law Chee Ho THAM Singapore Management University, [email protected]
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Institutional Knowledge at Singapore Management University Singapore Management University Institutional Knowledge at Singapore Management University Research Collection School Of Law School of Law 2007 Contract law Chee Ho THAM Singapore Management University, [email protected] Pearlie KOH Singapore Management University, [email protected] Pey Woan LEE Singapore Management University, [email protected] Follow this and additional works at: https://ink.library.smu.edu.sg/sol_research Part of the Asian Studies Commons, and the Contracts Commons Citation THAM, Chee Ho; KOH, Pearlie; and LEE, Pey Woan. Contract law. (2007). Singapore Academy of Law Annual Review of Singapore Cases. 8, 150-195. Research Collection School Of Law. Available at: https://ink.library.smu.edu.sg/sol_research/347 This Journal Article is brought to you for free and open access by the School of Law at Institutional Knowledge at Singapore Management University. It has been accepted for inclusion in Research Collection School Of Law by an authorized administrator of Institutional Knowledge at Singapore Management University. For more information, please email [email protected]. 150 SAL Annual Review (2007) 8 SAL Ann Rev 10. CONTRACT LAW Pearlie KOH LLB (Hons) (National University of Singapore), LLM (University of Melbourne); Advocate and Solicitor (Singapore); Associate Professor, Singapore Management University, School of Law. THAM Chee Ho LLB (Hons) (National University of Singapore), BCL (Oxford); Solicitor (England and Wales), Advocate and Solicitor (Singapore), Attorney and Counsellor-at-Law (New York State); Associate Professor, Singapore Management University, School of Law. -
SOL LLM Brochure 2021 Copy
SMU – Right in the Heart of Asia’s Hub, Singapore Masters of Laws In the dynamic, cosmopolitan hub that is Singapore, you will find a vibrant city-state that pulses with the diversity of both East and West. LL.M. in Judicial Studies Situated at the cross-roads of the world, Singapore is home to multinational companies and thousands of small and medium-sized LL.M. in Cross-border Business and Finance Law in Asia enterprises flourishing in a smart city renowned for its business excellence and connectivity. With its strong infrastructure, political Dual LL.M. in Commercial Law (Singapore & London) stability and respect for intellectual property rights, this City in a Garden offers you unique opportunities to develop as a global citizen. Thorough. Transnational. Transformative. Tapping into the energy of the city is a university with a difference — the Singapore Management University. Our six schools: the School of Accountancy, Lee Kong Chian School of Business, School of Computing and Information Systems, School of Economics, Yong Pung How School of Law, and School of Social Sciences form the country’s only city campus, perfectly sited to foster strategic links with businesses and the community. Modelled after the University of Pennsylvania’s Wharton School, SMU generates leading-edge research with global impact and produces broad-based, creative and entrepreneurial leaders for a knowledge-based economy. Discover a multi-faceted lifestyle right here at SMU, in the heart of Singapore. The SMU Masters Advantage GLOBAL RECOGNITION SMU is globally recognised as one of the best specialised universities in Asia and the world. -
Bench & Bar Games 2007
South China Sea MALAYSIA SINGAPORE MALAYSIA | SINGAPORE Bench & Bar Games 2007 28 - 30 April 2007 Java Sea OFFICES SINGAPORE 80 RAFFLES PLACE #33-00 UOB PLAZA 1 SINGAPORE 048624 TEL: +65 6225 2626 FAX: +65 6225 1838 SHANGHAI UNIT 23-09 OCEAN TOWERS NO. 550 YAN AN EAST ROAD SHANGHAI 200001, CHINA TEL: +86 (21) 6322 9191 FAX: +86 (21) 6322 4550 EMAIL [email protected] CONTACT PERSON HELEN YEO, MANAGING PARTNER YEAR ESTABLISHED 1861 NUMBER OF LAWYERS 95 KEY PRACTICE AREAS CORPORATE FINANCE INTELLECTUAL PROPERTY & TECHNOLOGY LITIGATION & ARBITRATION REAL ESTATE LANGUAGES SPOKEN ENGLISH, MANDARIN, MALAY, TAMIL www.rodyk.com 1 Contents Message from The Honourable The Chief 2 10 Council Members of Bar Council Malaysia Justice, Singapore 2007/2008 Message from The Honourable Chief 3 15 Sports Committee - Singapore and Malaysia Justice, Malaysia Message from the President of The Law 4 16 Teams Society of Singapore Message from the President of Bar Council 5 Malaysia 22 Results of Past Games 1969 to 2006 Message from Chairman, Sports 6 Sports Suit No. 1 of 1969 Committee, The Law Society of Singapore 23 Message from Chairman, Sports 7 Acknowledgements Committee, Bar Council Malaysia 24 9 The Council of The Law Society of Singapore 2007 Malaysia | Singapore Bench & Bar Games 2007 022 Message from The Honourable The Chief Justice, Singapore The time of the year has arrived once again for the Malaysia/Singapore Bench & Bar Games. Last year we enjoyed the warm hospitality of our Malaysian hosts on the magical island of Langkawi and this year, we will do all that we can to reciprocate. -
Chief Justice Sundaresh Menon
RESPONSE BY CHIEF JUSTICE SUNDARESH MENON OPENING OF THE LEGAL YEAR 2018 Monday, 8 January 2018 Mr Attorney, Mr Vijayendran, Members of the Bar, Honoured Guests, Ladies and Gentlemen: I. Introduction 1. It is my pleasure, on behalf of the Judiciary, to welcome you all to the Opening of this Legal Year. I particularly wish to thank the Honourable Chief Justice Prof Dr M Hatta Ali and Justice Takdir Rahmadi of the Supreme Court of the Republic of Indonesia, the Right Honourable Tun Md Raus Sharif, Chief Justice of Malaysia, and our other guests from abroad, who have made the effort to travel here to be with us this morning. II. Felicitations 2. 2017 was a year when we consolidated the ongoing development of the Supreme Court Bench, and I shall begin my response with a brief recap of the major changes, most of which have been alluded to. 1 A. Court of Appeal 3. Justice Steven Chong was appointed as a Judge of Appeal on 1 April 2017. This was in anticipation of Justice Chao Hick Tin’s retirement on 27 September 2017, after five illustrious decades in the public service. In the same context, Justice Andrew Phang was appointed Vice-President of the Court of Appeal. While we will feel the void left by Justice Chao’s retirement, I am heartened that we have in place a strong team of judges to lead us forward; and delighted that Justice Chao will continue contributing to the work of the Supreme Court, following his appointment, a few days ago, as a Senior Judge. -
Singapore C of a on Consideration in Variation of Contracts.Pdf
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 106 Civil Appeal No 45 of 2019 Between Ma Hongjin … Appellant And SCP Holdings Pte Ltd … Respondent In the matter of HC/Suit No 765 of 2016 Between Ma Hongjin … Plaintiff And (1) SCP Holdings Pte Ltd (2) Biomax Technologies Pte Ltd … Defendants GROUNDS OF DECISION [Contract] — [Consideration] — [Necessity] [Contract] — [Consideration] — [Failure] [Contract] — [Variation] — [Consideration] [Civil Procedure] — [Pleadings] [Civil Procedure] — [No case to answer] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND ..............................................................................................4 THE DECISION BELOW ..............................................................................7 THE PARTIES’ ARGUMENTS ON APPEAL.............................................9 ISSUES ............................................................................................................10 OUR DECISION ............................................................................................11 ISSUE 1: THE APPLICABLE TEST UPON A SUBMISSION OF NO CASE TO ANSWER ........................................................................................................11 ISSUE 2: WHETHER THE APPELLANT HAD ADEQUATELY PLEADED THAT THE SA WAS SUPPORTED BY CONSIDERATION ...............................................16 ISSUE 3: WHETHER CL 9.3 OF THE CLA DISPENSED WITH THE NEED FOR FRESH CONSIDERATION -
OPENING of the LEGAL YEAR 2021 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2021 Speech by Attorney-General, Mr Lucien Wong, S.C. 11 January 2021 May it please Your Honours, Chief Justice, Justices of the Court of Appeal, Judges of the Appellate Division, Judges and Judicial Commissioners, Introduction 1. The past year has been an extremely trying one for the country, and no less for my Chambers. It has been a real test of our fortitude, our commitment to defend and advance Singapore’s interests, and our ability to adapt to unforeseen difficulties brought about by the COVID-19 virus. I am very proud of the good work my Chambers has done over the past year, which I will share with you in the course of my speech. I also acknowledge that the past year has shown that we have some room to grow and improve. I will outline the measures we have undertaken as an institution to address issues which we faced and ensure that we meet the highest standards of excellence, fairness and integrity in the years to come. 2. My speech this morning is in three parts. First, I will talk about the critical legal support which we provided to the Government throughout the COVID-19 crisis. Second, I will discuss some initiatives we have embarked on to future-proof the organisation and to deal with the challenges which we faced this past year, including digitalisation and workforce changes. Finally, I will share my reflections about the role we play in the criminal justice system and what I consider to be our grave and solemn duty as prosecutors. -
Contract Law 162
(2004) 5 SAL Ann Rev Contract Law 162 9. CONTRACT LAW Pearlie KOH LLB (Hons) (National University of Singapore), LLM (Melbourne); Advocate and Solicitor (Singapore); Associate Professor, Singapore Management University, Department of Law. THAM Chee Ho LLB (Hons) (National University of Singapore), BCL (Oxford) Solicitor (England and Wales), Attorney and Counsellor-at-Law (New York State), Advocate and Solicitor (Singapore); Assistant Professor, Singapore Management University, Department of Law. LEE Pey Woan LLB (Hons) (London), BCL (Oxford) Barrister (Middle Temple), Advocate and Solicitor (Singapore); Assistant Professor, Singapore Management University, Department of Law. Introduction 9.1 As with past volumes, the task of selecting cases for review in this section was immense. Given the extremely large number of decisions which touched on contract law, it would not be feasible to comprehensively discuss all of them. Therefore, in general, decisions focusing on specialist areas of contract have not been discussed in this section as they will be better dealt with in the appropriate section elsewhere in this Annual Review. In consequence, the bulk of the cases discussed herein have been selected on the basis that they address contractual issues which are of general interest and application. Formation Intention to create legal relations 9.2 The trite principle that the intention to create a binding contract is determined objectively was repeatedly affirmed in numerous decisions (see, for instance, Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] 1 SLR 502, Compaq Computer Asia Pte Ltd v Computer Interface (S) Pte Ltd [2004] 3 SLR 316, Chia Ee Lin Evelyn v Teh Guek Ngor Engelin [2004] 4 SLR 330 (which has been affirmed on appeal – see Teh Guek Ngor Engelin née Tan v Chia Ee Lin Evelyn [2005] 3 SLR 22), and Midlink Development Pte Ltd v The Stansfield Group Pte Ltd [2004] 4 SLR 258). -
Singapore Judgments
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2021] SGCA 57 Civil Appeal No 113 of 2020 Between (1) Crest Capital Asia Pte Ltd (2) Crest Catalyst Equity Pte Ltd (3) The Enterprise Fund III Ltd (4) VMF3 Ltd (5) Value Monetization III Ltd … Appellants And (1) OUE Lippo Healthcare Ltd (formerly known as International Healthway Corporation Ltd) (2) IHC Medical Re Pte Ltd … Respondents In the matter of Suit No 441 of 2016 Between (1) OUE Lippo Healthcare Ltd (formerly known as International Healthway Corporation Ltd) (2) IHC Medical Re Pte Ltd … Plaintiffs And (1) Crest Capital Asia Pte Ltd (2) Crest Catalyst Equity Pte Ltd (3) The Enterprise Fund III Ltd (4) VMF3 Ltd (5) Value Monetization III Ltd (6) Fan Kow Hin (7) Aathar Ah Kong Andrew (8) Lim Beng Choo … Defendants JUDGMENT [Civil Procedure] — [Costs] [Civil Procedure] — [Judgment and orders] TABLE OF CONTENTS INTRODUCTION............................................................................................1 CONSEQUENTIAL ORDER ISSUE.............................................................3 BACKGROUND.................................................................................................3 THE PARTIES’ POSITIONS .................................................................................4 VMF3 and VMIII........................................................................................4 The respondents .........................................................................................5 OUR DECISION.................................................................................................7 -
OPENING of the LEGAL YEAR 2019 Speech by Attorney-General
OPENING OF THE LEGAL YEAR 2019 Speech by Attorney-General, Mr Lucien Wong, S.C. Monday, 7 January 2019 Supreme Court Building, Level Basement 2, Auditorium May it please Your Honours, Chief Justice, Judges of Appeal, Judges and Judicial Commissioners of the Supreme Court, Introduction: AGC in Support of the Government, for the People 1 2018 was a fast-paced year for the Government and for the Attorney-General’s Chambers. The issues occupying the thoughts of Singapore’s leaders were complex and varied, with several key themes coming to the fore. These themes shaped our work over the past year, as we strove to be a strategic partner in support of the Government’s plans and initiatives, for the benefit of our country and its citizens. I will touch on three of these themes. 2 The first theme was our Smart Nation. This initiative aims to tap on the ongoing digital revolution in order to transform Singapore through technology. The Smart Nation vision is for Singapore to be a world-class leader in the field of digital innovation, resting on the triple pillars of a digital economy, digital government, and digital society. The Smart Nation revolution will play a critical part in ensuring our continued competitiveness on the world stage, powered by digital innovation. 1 3 Data sharing was and continues to be a critical aspect of this initiative. To this end, a new law was passed in 2018 which introduced a data sharing regime among different agencies in the Singapore Government. The Public Sector (Governance) Act 2018, which was drafted by our Chambers in support of this initiative, underpins and formalises a data sharing framework for the Singapore public sector. -
[2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant and (1) BRQ (2) BRR … Respondents in the Matter of Or
IN THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE [2020] SGCA 108 Civil Appeal No 34 of 2019 Between (1) BRS … Appellant And (1) BRQ (2) BRR … Respondents In the matter of Originating Summons No 770 of 2018 Between (1) BRS … Plaintiff And (1) BRQ (2) BRR … Defendants Civil Appeal No 35 of 2019 Between (1) BRQ (2) BRR … Appellants And (1) BRS … Respondent In the matter of Originating Summons No 512 of 2018 Between (1) BRQ (2) BRR … Plaintiffs And (1) BRS (2) BRT … Defendants JUDGMENT [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Whether three-month time limit extended by request for correction] [Arbitration] — [Award] — [Recourse against award] — [Setting aside] — [Breach of natural justice] TABLE OF CONTENTS INTRODUCTION............................................................................................1 BACKGROUND FACTS ................................................................................2 THE PARTIES ...................................................................................................3 THE SPA.........................................................................................................3 THE BULK POWER TRANSMISSION AGREEMENT .............................................6 DELAYS IN THE PROJECT AND COST OVERRUN ...............................................6 THE ARBITRATION...........................................................................................7 Relief sought...............................................................................................8