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Articles by Gregory Vijayendran
Suspended Jail Term for Contempt of Court - Rare but Effective Sanction?
Introduction In the recent decision of Exterian Capital Pte Ltd v Wong Jun Jie Adrian and another [2024] SGHC 254, the General Division of the High Court ("Court") found the First Defendant in contempt of court and imposed: (i) a fine of S$30,000 to be paid within two weeks, with a one-week jail term in default; and (ii) a four-week jail term, but suspended for four weeks (i.e. if the First Defendant complied with the court orders within the four weeks, he would not need to serve his jail term).
Ratification - Not Always a Magic Bullet
Introduction Modern day commercial transactions are typically executed by agents on behalf of their principals within the scope of authority conferred on them expressly or impliedly. In exceptional cases, the principal may still be bound because of an agent’s apparent authority. Where an agent's act is unauthorised, the principal, when cognizant of such a transaction, could adopt it by retrospective validation. This is the doctrine of ratification.
Ratification after Litigation?
Introduction In Asidokona Mining Resources Pte Ltd & Anor v Alternative Advisors Investments Pte Ltd [2023] SGHC(A) 6, the Appellate Division of the High Court allowed an appeal in a landmark case that raised "several difficult questions" (in the words of the Court). The intermediate appeal court ultimately dismissed a claim for loan repayment totalling more than S$9.7 million (inclusive of interest) brought by the purported assignee of the financier's rights.
Judicial Approach in MCST Cases: To defer to, or differ from, a Management Corporation?
Introduction In Singapore, strata titled developments are a unique form of private housing. The legal framework and rules governing the improvements and additions by subsidiary proprietors ("SP") to units comprised in a strata title development are set out in the Building Maintenance and Strata Management Act ("BMSMA").
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