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Supreme Court Notes

Source	Title	Synopsis
Supreme Court Note, Supreme Court, Jan, 2012	Supreme Court Note: Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2011] SGHC 266 (restrictive covenants and employees’ duties)	The plaintiff sued its former employee for breaches of restrictive covenants and implied duties.
Supreme Court Note, Supreme Court, Dec, 2011	Supreme Court Note: Mohammad Ashik bin Aris v PP [2011] SGCA 46 (urine-testing and the Misuse of Drugs Act)	This appeal was a direct challenge to the procedures used by the Health Sciences Authority (“the HSA”) to test urine for the presence of drugs. The consumption of these drugs was an offence pursuant to section 8(b) of the Misuse of Drugs Act (Cap 185) (“the MDA”). In order to facilitate the prosecution of this offence, the presence of positive results from two urine tests conducted under section 31(4)(b) of the MDA would trigger a presumption that the person whose urine was tested had, in contravention of section 8(b), in fact consumed the relevant drugs.
Supreme Court Note, Supreme Court, Dec, 2011	Supreme Court Note: Soon Kok Tiang v DBS Bank Ltd [2011] SGCA 55 (banking contract not void for uncertainty)	The Court held that the DBS High Notes 5 contract between DBS and 21 investors was not void for uncertainty.
Supreme Court Note, Supreme Court, Nov, 2011	Supreme Court Note: Foo Jee Seng v Foo Jhee Tuang [2011] SGHC 235 (testamentary trust for sale; supervision of trustees)	A trust for sale was a method of settling land without the application of the Settled Estates Act.
Supreme Court Note, Supreme Court, Nov, 2011	Supreme Court Note: Wong Meng Cheong v Ling Ai Wah [2011] SGHC 233 (test for capacity and revocation of deputies)	The High Court held that the test of capacity in the Mental Capacity Act (Cap 177A, 2010 Rev Ed) (“the MCA”) could be reduced into two components: First, there had to be a diagnostic threshold of an impairment of brain or mind function. Second, this impairment had to result in a functional inability to make a decision due to the lack of any of the elements in s 5(1) of the MCA.
Supreme Court Note, Supreme Court, Nov, 2011	Supreme Court Note: AQP v Comptroller of Income Tax [2011] SGHC 229 (income tax deductibility of defalcation losses)	The High Court held that defalcation losses incurred by an employee exercising overriding power or control in the taxpayer firm were not deductible under s 14(1) of the Income Tax Act (Cap 134, 2008 Rev Ed). The High Court also clarified that a genuine mistake of law could fall within the meaning of the phrase “error or mistake” under s 93A(1).
Supreme Court Note, Supreme Court, Nov, 2011	Supreme Court Note: Muhammad Faizal bin Rahim v Public Prosecutor [2011] SGHC 221 (Motor Vehicles (Third-Party Risks and Compensation) Act s 3(3))	The High Court affirmed and justified the existing judicial interpretation of the “special reasons” exception in s 3(3) Motor Vehicles (Third-Party Risks and Compensation) Act (Cap 189, 2000 Rev Ed) (“MVA”).
Supreme Court Note, Supreme Court, Nov, 2011	Supreme Court Note: Ma Ong Kee v Kaiyo Reptile Products Pte Ltd [2011] SGHC 188 (liability for GST under Law Society’s Conditions of Sale 1999)	It was affirmed that under the Singapore Law Society’s Conditions of Sale 1999 (“1999 Conditions of Sale”), the purchaser was liable to pay the Goods and Services Tax (“GST”) on the property purchase price.

Judgments

Source	Title	Synopsis
Legal News, WongPartnership LLP, Jan, 2012	SHC: Restrictive covenants considered in two recent cases	The SHC in Mano Vikrant Singh v Cargill TSF Asia Pte Ltd [2011] SGHC 241 and Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart [2011] SGHC 266 dealt with cases where former employees that had set up competing businesses with their former employers challenged certain clauses in their former employment contracts as being in restraint of trade and, hence, void.
Legal News, WongPartnership LLP, Jan, 2012	Latest developments: Defamation, tenancy, wills	This executive summary looks at the latest developments in case law in the areas of defamation, tenancy agreements and wills.
Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2011	SHC clarifies insurer’s duty of good faith	The SHC in The Stansfield Group Pte Ltd v Consumers' Association of Singapore [2011] SGHC 122 reviewed the application of good faith in the context of insurance contracts.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Singapore Income Tax Board of Review considers the carrying forward of loss after restructuring of holding company’s shareholding	The Income Tax Board of Review in AVD v Comptroller of Income Tax [2011] SGITBR 3 dealt with the issue of whether the taxpayer company was permitted to carry forward a loss after a restructuring of the shareholding of its ultimate holding company due to a family arrangement.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	SCA clarifies statutory regime for appealing against domestic arbitration awards under s 49 Arbitration Act	The SCA in Motor Image Enterprises Pte Ltd v SCDA Architects Pte Ltd [2011] SGCA 58 held that the SHC had no jurisdiction under s 49(5) of the Arbitration Act to give leave to appeal against an arbitrator's award on the basis of facts not found by the arbitrator and which did not therefore form the basis of the arbitration award.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	SHC finds that plaintiff deliberately filed a false claim against employer and considers ordering costs against third party instigating plaintiff	The SHC in Sanae Achar v SciGen Ltd [2011] SGHC 253 dismissed a former employee's claim for payments under a fixed term employment contract. On the evidence, the court found that the former employee had been instigated by a third party to fabricate evidence to support her false claim.
Legal News, WongPartnership LLP, Dec, 2011	Latest developments: Resolutions passed at inquorate director's meetings; Corporate Governance Council recommended revisions of MAS Code	This executive summary looks at a case involving resolutions passed at inquorate director's meetings and the Corporate Governance Council's recommended revisions to the MAS Code.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	SCA clarifies discovery obligations of company subject to derivative action under s 216A Companies Act	The SCA in Lew Kiat Beng v Hiap Seng & Co Pte Ltd [2011] SGCA 61 considered and clarified the discovery obligations of a company which was the subject of a derivative action pursuant to section 216A of the Companies Act.
Legal News, Wong Partnership, Dec, 2011	Latest developments: Securities, insolvency, bonds	This executive summary looks at the latest developments in case law in relation to the DBS High Notes 5 derivative credit-linked notes, set off of indemnity against a debt and establishment of security granted to secure the issue of bond.
Legal News, WongPartnership LLP, Nov, 2011	Latest developments: Employment, family law, insolvency, civil proceedings	This executive summary looks at the latest case law in employment law, family law, insolvency, civil proceedings.
Legal Bulletin, Allen & Gledhill LLP, Nov, 2011	Singapore High Court delivers instructive decision on “reliance loss” damages in contract	The SHC in Out of the Box Pte Ltd v Wanin Industries Pte Ltd [2011] SGHC 226 dealt with the issue of an award of "reliance loss" damages in contract. The caseconcerned a claim for damages by the distributor of a sports drink against the manufacturer who had supplied defective sport drinks resulting in the distributor's loss.
Legal Update, Drew & Napier LLC, Nov, 2011	SHC rules that forfeiture-for-competition clauses are not restraints of trade	The SHC in Mano Vikrant Singh v Cargill TSF Asia Pte Ltd [2011] SGHC 241 ruled in favour of an employer, holding that a clause in an employee incentive bonus plan which required the employee to forgo deferred incentive payments if he resigned and joined a competitor (referred to as a "forfeiture-for-competition" clause) was not a restraint of trade.
Legal News, WongPartnership LLP, Nov, 2011	Modelling agencies found to have fixed prices for modelling rates	The CCS issued found that 11 modelling agencies had colluded to fix their rates for modelling and other fees, infringing s 34 of the Competition Act.
Law News, Rajah & Tann LLP, Nov, 2011	SHC: Delays in completion: When is time set at large and when do liquidated damages provisions survive termination of contract?	The SHC in Lim Chin San Contractors Pte Ltd v LW Infrastructure Pte Ltd [2011] SGHC 162 and LW Infrastructure Pte Ltd v Lim Chin San Contractors Pte Ltd [2011] SGHC 163 considered the issues relating to delays in completion and liquidated damages. Both cases were appeals on questions of law arising out of an arbitral award, which dealt with a claim for damages for late completion of works.
Law News, Rajah & Tann LLP, Nov, 2011	SHC: Electronic discovery and inspection of compound documents	The SHC in Surface Stone Pte Ltd v Tay Seng Leon [2011] SGHC 223 set out the analytical framework for determining relevancy of documents sought to be discovered under O 24 r 5(3)(c) of the Rules of Court and examined the factors to be considered when ordering discovery and inspection of compound documents.
Legal News, WongPartnership LLP, Oct, 2011	Latest developments: Anti-counterfeiting Trade Agreement, copyright, database rights, domain names, patents, registered designs, trademarks	This executive summary looks at the latest developments in intellectual property case law and regulation.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	SHC allows company’s claim for misappropriated property subject to confiscation order issued in favour of Public Prosecutor	The SHC in Public Prosecutor v Ng Teck Lee [2011] SGHC 205 dealt with various issues arising under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act which is aimed at combating the laundering of benefits derived from drug trafficking, corruption and other "serious offences".
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	CCS clears anticipated merger involving supply of heavy-duty trucks, buses, coaches and diesel engines	In September 2011, the Competition Commission of Singapore announced its decision to clear the proposed acquisition of sole control by Volkswagen Aktiengesellschaft over MAN SE.

Legislation

Source	Title	Synopsis
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Stamp Duties (Amendment) Act 2011 passed: Implementing Budget 2011 changes	The Stamp Duties (Amendment) Act 2011 was passed in November 2011 giving legislative effect to measures first announced in the 2011 Budget Statement, as well as changes arising from the periodic review of the stamp duty system.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Income Tax (Amendment) Bill 2011 passed: Implementing Budget 2011 changes	The Income Tax (Amendment) Bill 2011 was passed in Parliament in November 2011, putting into effect income tax changes announced in the Budget earlier in the year and amendments to the Act arising from review of the income tax system.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Goods and Services Tax (Amendment) Bill 2011 passed: Implementing Budget 2011 changes	The Goods and Services Tax (Amendment) Bill 2011 was passed in November 2011 to give legislative effect to the goods and services tax initiatives announced in Budget Statement 2011, as well amendments arising from an ongoing review of the GST system.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	IPOS consults on proposed changes to Singapore’s patent laws	IPOS concluded its a public consultation on proposed legislative changes to the Singapore patent laws to implement a more robust positive grant system, replacing the current self-assessment system. The new system will mean that a patent application with oustanding patentability objections would not be able to proceed to grant.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Telecommunications (Amendment) Bill 2011 passed: Refining Government’s powers and updating legislative framework	The amendments to the Telecommunications Act have been passed by Parliament and are menat to give the government and the IDA further powers to regulate the fast-changing telecommunications sector, as well as update the legislative framework to reflect developments since the Act's last revision in 2005.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Work Injury Compensation (Amendment) Bill 2011 passed: Changes in force from 1 June 2012	Amendments to the Work Injury Compensation Act will see the Act striking a balance between compensation for injured employees and the obligations placed on employers/insurers.
Legal Bulletin, Allen & Gledhill LLP, Nov, 2011	Insurance Act s 21: Maintenance of assets in Singapore - MAS responds to feedback from consultation paper	This executive summary looks at the MAS response to feedback on its consultation paper on the review of section 21 of the Insurance Act which currently allows the MAS to issue directions to any insurer to maintain assets in Singapore if there are grounds on which the MAS can cancel the registration of that insurer under section 12 of the Insurance Act.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Stamp Duties (Amendment) Act 2011: Implementing Budget 2011 changes	The Stamp Duties (Amendment) Act 2011 was introduced in Parliament on 17 October 2011. Changes arising from the Bill will implement measures first announced in the Singapore Government's 2011 Budget Statement, as well as other changes.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Goods and Services Tax (Amendment) Bill 2011: Implementing Budget 2011 changes	The Goods and Services Tax (Amendment) Bill 2011 was read the first time in Parliament on 17 October 2011. The Bill seeks primarily to implement the tax changes announced in the Singapore Government’s 2011 Budget Statement.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Telecommunications (Amendment) Bill 2011: Refining Government’s powers and updating legislative framework	In October 2011, the Telecommunications (Amendment) Bill 2011 was introduced in Parliament. The Telecommunications Act will be amended to ensure that it remains relevant and sufficient to regulate a fast-changing telecommunications sector.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Income Tax (Amendment) Bill 2011: Implementing Budget 2011 changes	The Income Tax (Amendment) Bill 2011 was read the first time in Parliament in October 2011. The Bill seeks to implement the tax changes announced in the Singapore Government's 2011 Budget Statement. Some non-Budget changes will also be implemented.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Evidence Act: Proposed changes to legal professional privilege for in-house counsel, opinion evidence, computer output, hearsay	The Ministry of Law issued a consultation paper setting out proposed amendments to the Evidence Act arising as a result of feedback received from various legal bodies and institutions.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Work Injury Compensation (Amendment) Bill 2011: Streamlined time frame for making claims	Parliament introduced the Work Injury Compensation (Amendment) Bill 2011 in October 2011, which aims to amend the Work Injury Compensation Act by instituting a time limit for filing claims under the Act, enhancing requirements for work injury compensation insurance and allowing compensation for occupational diseases, among others.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Retirement Age (Amendment) Act 2011 takes effect 1 January 2012: Re-employment of older employees	With effect from 1 January 2012, under new employment legislation, employers will be required to offer re-employment to employees who have reached the statutory retirement age, if the employees fulfill certain eligibility criteria and are willing and able to continue to work.

Notices & Directions

Source	Title	Synopsis
Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2011	Changing rules on residential landed property developments	Developers keen to develop landed property sites should take note of the recent changes in the law and directions from the planning authorities which impose restrictions on landed properties.
Rodyk Reporter, Rodyk & Davidson LLP, Dec, 2011	The Attorney-General’s Keynote Speech at the Pacific Rim Advisory Council Conference 50th International Conference 2011	The Attorney-General, Mr Sundaresh Menon, SC, delivered the keynote speech at the Pacific Rim Advisory Council Conference in October 2011 where he touched on the growing importance of public international law to commercial lawyers.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Government imposes Additional Buyer’s Stamp Duty on certain categories of residential property purchases from 8 December 2011	The ABSD was implemented by the government on 8 December 2011 and is imposed over and above the existing Buyer's Stamp Duty on property purchases and will apply to the purchase price or market value of the property for certain purchases.
Legal Bulletin, Allen & Gledhill LLP, Dec, 2011	Financial institutions to provide prescribed fact sheet when marketing residential property loans from 1 March 2012	From 1 March 2012, banks, finance companies, merchant banks and direct insurers will be required to provide a fact sheet in the standardised format when marketing residential property loans to individual borrowers. This new requirement is set out in various MAS notices.
Financial Services Bulletin, Allen & Gledhill LLP, Nov, 2011	SFA and FAA Notices updated to set out exam details for representatives dealing/trading in/advising on Specified Investment Products	On 28 July 2011, the MAS announced the introduction of new requirements for intermediaries to formally assess an individual retail customer's investment knowledge or experience before offering certain investment products to the customer. These new requirements will apply to the sale of Specified Investment Products with effect from 1 January 2012.
Legal Bulletin, Allen & Gledhill LLP, Nov, 2011	MDA guidelines on maximum contract term and early termination charges for pay TV services effective from 1 March 2012	The MDA issued the "Guidelines on Maximum Contract Term and Early Termination Charges for Pay TV Services Offered to Consumers" which are advisory in nature. The Guidelines are applied to all new and renewed residential pay TV contracts concluded on and after 1 March 2012.
Legal Bulletin, Allen & Gledhill LLP, Nov, 2011	IDA to introduce new licence fee structure in 2013	The IDA announced a revision of the annual licence fees payable by its licensed Facilities-based Operators and Services-Based Operators (Individual,) where FBOs will see a reduction of between 20% and 75% in annual licence fees from 2013, while most SBOs will see a reduction of 20% in licence fees.
Hays Legal News, Hays Legal Recruitment, Dec, 2011	Recruitment trends: The Singapore legalscape in 2011	Over the last two years, the legal sector has gone through a number of significant changes which has created a highly competitive environment and a dynamic legal landscape. This executive summary looks at these changes and also gives the salary guide for 2011.
Legal Bulletin, Allen & Gledhill LLP, Nov, 2011	TAFEP issues enhanced Tripartite Guidelines on Fair Employment Practices: Hiring and developing a Singaporean core	The Tripartite Alliance for Fair Employment Practices announced enhanced Guidelines on Fair Employment Practices which set out fair employment practices that employers are encouraged to abide by help prevent discrimination in the workplace.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	New MAS Notice 307 on investment-linked insurance policies with effect 1 October 2011	With effect from 1 October 2011, a new MAS Notice 307 on Investment-Linked Life Insurance Policies replaces the earlier Notice dated 2 September 2004 which was cancelled with effect from 30 September 2011. MAS Notice 307 sets out the mandatory requirements and non-mandatory standards in relation to disclosure, investment guidelines, borrowing limits and operational practices for investment-linked life insurance policies.
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	MAS’ response to feedback on public consultation on “Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance"	Following a 2010 public consultation on "Proposed Revisions to the Regulatory Framework for Trade Credit Insurance, Political Risk Insurance and Mortgage Insurance", the MAS has, on 14 October 2011, issued a response to the feedback received.
SAL News, Singapore Academy of Law, Nov, 2011	Christopher Bathurst Essay Prize Winners: "In international commercial arbitrations, what system of law should the arbitral panel apply to resolve disputes and why?"	The winner is Tng Sheng Rong. The joint runners-up are Vanessa Yeo and Christine Huang
Legal Bulletin, Allen & Gledhill LLP, Oct, 2011	Supreme Court consultation paper entitled "Review of Discovery in Civil Litigation"	On 19 October 2011, the Supreme Court announced a public consultation entitled “Review of Discovery in Civil Litigation”. The consultation paper reviews the discovery process to ascertain whether it should be modified and updated to bring it in line with present and future business practices and needs.
Legal Update, Drew & Napier LLC, Nov, 2011	Proposed Singapore data protection law: Further public consultation on "Do-Not-Call" registry	MICAhas issued a consultation paper relating to the setting-up of a Do-Not-Call registry. All organisations that send marketing messages would have to check their telephone number lists against the DNC registry to ensure that they do not make calls to any telephone numbers which have been registered.
Legal News, WongPartnership LLP, Oct, 2011	Latest developments: BCA Building Retrofit Energy Efficiency Financing Scheme, Green Mark certification, Building Control Act	This executive summary looks at the latest developments in government environmental initiatives.