A Code of Conduct for Collective Sale Committees:   Kok Yin Chong and others v Lim Hun Joo and others [2019] SGCA 28

In Kok Yin Chong v Lim Hun Joo [2019] SGCA 28, a group of subsidiary proprietors (the “Dissenting SPs”) attempted to block the collective sale of the residential development Goodluck Garden, by challenging the conduct of three (out of six) members of the Collective Sale Committee (“CSC”). Specifically, they appealed against a decision by the High Court (“HC”) to order the collective sale of the development, on the basis that the three members of the CSC (the “Respondents”) had breached the Land Titles (Strata) Act (Cap 158, 2009 Rev Ed) (the “LTSA”) in their conduct of the sale.

Sentencing Approach for Workplace Safety Breaches: Nurun Novi Saydur Rahman v Public Prosecutor [2019] 3 SLR 413

The recent case of Nurun Novi Saydur Rahman v Public Prosecutor was the first time an offence under s 15(3A) of the Workplace Safety and Health Act (“WSHA”) had been brought before the Singapore High Court. The High Court introduced a new two-stage sentencing framework to be applied to such offences. This paper examines the rationale and implications of the proposed sentencing framework.

Conference Notes: Forum (Non) Conveniens in England – Past, Present and Future

Dr Ardavan Arzandeh (Ardavan Arzandeh, Senior Lecturer in Law, University of Bristol Law School) discussed his recently published book, Forum (Non) Conveniens in England: Past, Present, and Future (Hart Publishing, 2019) during a research seminar of the same name. Here are the conference notes for this discussion of the history. application, and direction of the doctrine of forum (non) conveniens in private international law.

Lost Chance – Acceptance at last? A commentary on Armstrong, Carol Ann v Quest Laboratories Pte Ltd [2018] SGHC 66

In the tort of negligence, damages are awarded if the claimant can establish that he has suffered loss. While most claims for loss in the tort of negligence usually revolve around physical damage, courts have recognised losses of a non-physical nature, including claims for pure economic loss or loss of genetic affinity. Courts, however, have consistently refused to recognise claims for a loss of chance in the context of medical negligence. Simply put, a lost chance arises where negligence on the part of the doctor deprives the patient of his chances of recovery.

Sentencing Intellectually Disabled Young Offenders: Public Prosecutor v ASR [2019] SGCA 16

In Public Prosecutor v ASR [2019] SGCA 16, the Court of Appeal (“CA”) discussed the appropriate sentencing approach for a young offender, the respondent, who committed serious crimes, including aggravated rape and sexual assault by penetration on an intellectually disabled young girl, but who was also himself intellectually disabled, with a mental age of between eight and ten. The respondent was 14 years old when he committed the offences in question. When he was convicted in 2017, he was about 16 ½ years old. He was nearly 18 years old at the time of sentencing, in 2018.

Medical Negligence: Breaching the duty of care – Noor Azlin Binte Abdul Rahman v Changi General Hospital Pte Ltd & others [2019] SGCA 13

At the heart of Noor Azlin Binte Abdul Rahman v Changi General Hospital Pte Ltd & others [2019] SGCA 13 is the allegation that the three named doctors who attended to patient Noor Azlin binte Abdul Rahman (“Ms Azlin”) at Changi General Hospital (“CGH”) over a four-year period, as well as CGH, were negligent. Azlin argues that their negligence delayed the detection of the malignancy which resulted in her having lung cancer, and caused her to suffer the loss of a better medical outcome. The High Court (“HC”) found that the two Accident and Emergency (“A&E”) department doctors who saw Ms Azlin did not breach their duty of care. Conversely, the HC found that CGH, as well as CGH specialist respiratory physician Dr Imran Bin Mohamed Noor (“Dr Imran”) had indeed breached their respective duties of care. The HC nonetheless dismissed Ms Azlin’s claim of negligence against them, as she was unable to show that their actions had resulted in her delayed diagnosis. On appeal, while the Court of Appeal (“CA”) upheld the HC’s decisions regarding the three doctors, it allowed her claim of negligence against CGH.