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Singapore Leading Case illegalityillegality restitution

Ochroid Trading Ltd v Chua Siok Lui

[2018] 1 SLR 363
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2018
StatusBinding authority

Summary

Singapore Court of Appeal reformulated the law on illegality and public policy, adopting a structured proportionality approach to determine unenforceability of illegal contracts.

Key Principle

illegality and public policy; reformulated the proportionality approach to the defence of illegality in Singapore

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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