Searching Content indexed under Trials & Appeals & Compensation by Shook Lin & Bok ordered by Published Date Descending.
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SWIFT MT103 – An Irrevocable Instruction?
A defence in illegality would have defeated the Receiving Bank's claim.
25 Apr 2019
"All-Monies Mortgage" – Form And Also Substance
The Plaintiff brought the suit to recover the remaining sums under the Revised Credit Facilities.
15 Mar 2019
Mareva Injunctions In Aid Of Foreign Court Proceedings
In many cases, the dispute has been referred to arbitration abroad or to a foreign court.
13 Feb 2019
Prohibition Against Assignment Of Receivables – A Charge As An Alternative?
The High Court also held that there was no required mutuality of debts for insolvent set-off to occur, if the debt was charged to another party.
23 Oct 2018
Singapore's First Case Of Enforcement Of Foreign Judgment Under The Choice Of Court Agreements Act 2016
This provides useful guidance for future applicants who wish to enforce a foreign judgment under the Act in Singapore.
20 Jul 2018
Singapore High Court Draws Adverse Inference Against Party Who Failed To Call Crucial Witness
The defendant's unsatisfactory responses to the Court's questions included those relating to his failure to call either Chee or William as his witnesses.
3 May 2018
Receivable Financing With A Prohibition Against Assignment – A Possibility?
The English Court of Appeal recently considered the effect of a contractual prohibition against assignment of receivable in receivable financing.
United Arab Emirates
21 Feb 2018
The House Of Cards That Came Tumbling Down: Singapore Court Of Appeal Sets Aside Order Sanctioning Schemes Of Arrangement
The CA held that the rejection of the JEI Proposal should have been disclosed and it was difficult to believe that the Scheme Companies were unaware of the same.
13 Sep 2017
Singapore High Court Considers The Nature Of A Shipowner's Lien On Sub-Freights
The Singapore High Court considered for the first time the juridical nature of a contractual lien on sub-freights.
7 Aug 2017
Judicial Sale Of Ships – Order Of Priorities And Lessons For Mortgagees
The proceeds of a judicial sale of a ship are normally paid according to the following order:
18 Jul 2017
Singapore High Court Declares Banks' Security Interest Survives Commingling Of Pledged Goods
The Singapore High Court considered the status of security interests in commingled stock and whether the said security interests survived commingling.
9 Mar 2017
Choice Of Court Agreements Act 2016 – A Boon For Bankers?
Singapore's recent enactment of the Choice of Court Agreements Act 2016 (No. 14 of 2016) has given effect to the Hague Convention on Choice of Court Agreements 2005...
17 Feb 2017
Court Of Appeal Discusses The Duties Of A Bank Whenever Dealing With Vulnerable Guarantors ("Etridge Duties")
In Sudha Natrajan v The Bank of East Asia Ltd [2016] SGCA 66, the Court of Appeal took the opportunity to discuss the duties of a bank whenever dealing with a vulnerable guarantor, and the issue of undue influence on a guarantor giving a guarantee.
15 Dec 2016
MF Global And Client Money: The Singapore Court Of Appeal's Decision
In August 2016, the Court of Appeal in Vintage Bullion DMCC v Chat Fook Yuen and other appeals SGCA 49 delivered a very important written judgment on the nature of certain types of client moneys held...
6 Oct 2016
MF Global And Client Money: The Singapore Court Of Appeal's Decision
In August 2016, the Court of Appeal in Vintage Bullion DMCC v Chat Fook Yuen delivered a very important written judgment on the nature of certain types of client moneys held by a commodities and securities broker.
4 Oct 2016
Implied Covenants In Leases
The case of Overseas Union Enterprise Ltd v Three Sixty Degree Pte Ltd [2013] SGHC 71 is instructive in the law regarding leases, setting out the principles a court would adopt when interpreting a lease.
26 Sep 2016
High Court Refuses To Give Weight To Witness Compellability As A Factor In The Test For "Forum Non Conveniens" Where The Witness In Question Is The Defendant's Brother
The High Court addressed the circumstances considered when assessing the weight to be given to the legal non-compellability of a witness in deciding whether to stay proceedings on the ground of forum non conveniens.
13 Sep 2016
Letters Of Credit Incorporating UCP 600: Examining The Relationship Of The Banks Involved
The nature of the relationship between the issuing bank and the nominated bank, in a letter of credit arrangement incorporating the Uniform Customs and Practice for Documentary Credits 600, was put under the microscope.
22 Jun 2016
The Bunga Melati 5 – The Saga Ends
The saga began when Equatorial Marine Fuel Management Services Pte Ltd (the "Plaintiff") commenced an in rem action against the Bunga Melati 5 which was a ship belonging to MISC Berhad.
13 Jun 2016
Chan Siew Lee Jannie V Australia And New Zealand Banking Group Ltd [2016] SGCA23 - Whether "Third Party Security" Has To Be Specified In A Statutory Demand
In Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd [2016] SGCA 23, the Singapore Court of Appeal was faced with the issue of whether a statutory demand issued to a guarantor would be deemed defective...
22 May 2016
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