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Singapore decisions
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The High Court dismissed negligence claims against a former relationship manager, but held the bank’s terms entitled her to indemnity costs for her successful defence.
The High Court held that ESR-related unitholders could not vote on trust deed amendments needed for Sabana REIT’s internalisation because of their material interest in manager fees.
The High Court refused registration of the later DIGI mark, finding similarity, confusion, passing off and no consent under a 2002 agreement.
The Court of Appeal held that a no oral modification clause did not bar an oral rescission of the share sale agreement and upheld the finding of mutual rescission.
The High Court held that Goh Kok Liang’s offer to settle covered costs in the earlier suit, dismissed his costs application, and refused leave to appeal.
The High Court held that an asymmetric option to arbitrate can be an arbitration agreement, but refused a stay because the clause was incapable of being performed for this dispute.
The Court of Appeal held that NETS was not “new business” under the sales plan and that final incentive pay was not to be prorated on involuntary termination.
The High Court held that a construction subcontract was subject to variations and omissions, rejected a detailed implied claims procedure, and dismissed the defendant’s counterclaim.
The Court of Appeal held that OOA’s 1983 agreement to act for the whole project was novated to OOPL, and Fairview’s termination was wrongful.
The Court of Appeal held that retiring partners who assigned all their partnership interests lacked locus standi to seek committal for non-compliance with an accounts order.
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