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    07:29 PM Lee Zhe Xu (LL.B (NUS), LL.M (Boston))

    When is an Ouster Clause Ousted?

    An ouster clause is a statutory provision which prima facie prohibits judicial review of the exercise of the discretionary powers of the Executive to which they relate: Per Ah Seng Robin v Housing and Development Board [2016] 1 SLR 1020 (“Robin Per”) at [63]. The issue of whether and to what extent an ouster clause can effectively oust judicial review of executive discretion has not been conclusiv...

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    10:22 PM Leo Zhi Wei (LLB (London School of Economics), BCL (Oxon), Advocate & Solicitor; Supreme Court of Singapore)

    Dishonest spouses beware: Developments in the law on fraudulent non-disclosure in matrimonial proceedings

    The decision in BMI v BMJ [2017] SGHC 112 (“HC”), which was affirmed on appeal in BMI v BMJ [2017] SGCA 63 (“CA”), marks a watershed development in matrimonial law (both decisions will be collectively referred to as “BMI”). BMI establishes the principle that an ex-spouse who has been the victim of fraudulent non-disclosure during divorce proceedings will have the right to set aside the existing di...

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    01:04 AM Tan Zhi Xiang (LLB, King's College London)

    Fairness for Divorcing Homemakers? – TNL v TNK and another appeal and another matter [2017] SGCA 15

    It has long been recognised that marriage is a partnership of equals. As the Court of Appeal noted in NK v NL [2007] 3 SLR(R) (“NK”) “[t]he contributions of both spouses are equally recognised whether he or she concentrates on the economics or homemaking role (NK at [20]). However, how does one give effect to this principle when dividing matrimonial assets in a divorce? The different methodologies...

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    06:16 PM Lim Joo Toon (Managing Director, Joo Toon LLC) and Keith Jieren Thirumaran (Undergraduate, NUS Law)

    Implications for Sale of Second-Hand Cars in Singapore: Kau Joo Guan v Kwek Seow Hui t/a Car Dynasty and ors [2015] SGDC 279

    In recent years, there have been a number of local press articles expressing concern that a purchaser who buys a second-hand car from a dealer in Singapore runs the risk that a rogue dealer may abscond with the purchase price or the deposit paid, leaving the purchaser without the title to the car, as against the original owner. (See for example: Olivia Ho and Amir Hussain, “More buyers make report...

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    01:27 PM See Kwang Guan (Practice Trainee, Drew & Napier LLC) and Ng Bin Hong (Practice Trainee, Lee & Lee)

    Clarifications on the Mental Capacity Act

    What is the approach to be taken under the Mental Capacity Act (“MCA”) when there is an interaction between a person’s mental impairment and the possibility that the person is under the undue influence of others? Should the court have regard to the actual circumstances that the person is in, or should it adopt a more theoretical analysis that overlooks those circumstances? In the seminal judgment ...