Similar fact evidence in contractual interpretation: Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37
| Published date | 01 July 2024 |
| DOI | http://doi.org/10.1177/13657127231225472 |
| Author | Calvin Chirnside |
| Date | 01 July 2024 |
Similar fact evidence in contractual
interpretation: Bhoomatidevi d/o
Kishinchand Chugani Mrs Kavita
Gope Mirwani vNantakumar s/o v
Ramachandra and another [2023]
SGHC 37
Calvin Chirnside
Singapore Management University Yong Pung How School of Law, Singapore, Singapore
Abstract
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita
Gope Mirwani vNantakumar s/o vRamachandra and another [2023] SGHC 37, the claimant
argued, inter alia, that evidence of a prior contract between the first defendant and a third
party should be admitted to prove that the defendant had entered into a loan agreement
with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of
the Evidence Act.
Keywords
contractual interpretation, Indian Evidence Act, similar fact, similar fact evidence, Singapore
Introduction
It has become trite law that the contextual approach will be used in contractual interpretation.
1
Yet a
balance must be struck between text and context. Courts cannot use the context of a contract to
rewrite its terms.
2
This tension was foregrounded by the recent Singapore High Court case of
Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani vNantakumar s/o v
Corresponding author:
Calvin Chirnside, Department of Law, Singapore Management University Yong Pung How School of Law, 55 Armenian St,
Singapore 179943, Singapore.
Email: cchirnside.2021@law.smu.edu.sg
1. Zurich Insurance (Singapore) Pte Ltd vB-Gold Interior Design & Construction Pte Ltd [2008] 3 SLR(R) 1029 at [114].
2. Y.E.S. F&B Group Pte Ltd vSoup Restaurant Singapore Pte Ltd (formerly known as Soup Restaurant (Causeway Point) Pte Ltd
[2015] 5 SLR 1187 at [32].
Article
The International Journal of
Evidence & Proof
2024, Vol. 28(3) 251–256
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/13657127231225472
journals.sagepub.com/home/epj
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