The High Court held that the respondent’s conversion of a van continued despite later seizure by Malaysian Customs, awarded $42,005 for the van’s value, and rejected a separate loss-of-use claim.
The High Court held that Henry Quek lacked capacity from about 9 October 2020, upheld resulting trusts over pre-stroke assets, and found undue influence over later transfers.
The Appellate Division dismissed an appeal in a no-case-to-answer ruling, holding that the appellant failed to establish a prima facie FX agreement supporting his claims.
The High Court refused disgorgement, punitive, exemplary, and aggravated damages in a conversion claim, leaving Aries Telecoms to ordinary damages only.
High Court held that the respondents had arguable defences to claims over bunker deliveries made without production of Vopak bills of lading, so leave to defend was upheld.
Bills of lading as documents of title
Construction and interpretation of bills of lading
Originating Summons No 340 of 2010 (Registrar's Appeal No 183 of 2012)
Respondent's temporary postponement of the agreed collection to resolve responsibility for possible damage did not constitute an unjustified refusal until a reasonable period elapsed; after three days without response the detention became unjustified and constituted conversion for the period 2–7 September 2012. However, appellants failed to prove entitlement to substantial damages because the File Server was not a profit-earning chattel for them and respondent did not detain it for its own benefit or to deprive appellants of its use; accordingly nominal damages of $1 were awarded plus abortiv…
Source excerpt
Intention to act inconsistently with owner's proprietary right
Suit No 525 of 2006 (Registrar's Appeal No 314 of 2008) and Suit No 532 of 2006
The High Court reduced damages in a cable-recovery dispute, holding Singtel had not proved all losses with admissible evidence and applying the June 2006 scrap price.
Damages assessment
Admissibility of documents
Burden of proof
Presumption for non‑production of witnesses (s116 evidence act)
Appeal allowed. The Court of Appeal held that a fresh contract arose from correspondence and forbearance, making the writ timely and awarding the appellant $270,725.