In the recent Court of Appeal decision of Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd [2019] SGCA 10 (“Sun v Hilton”), the Court of Appeal dealt with, inter alia, when would anti-suit injunctions and anti-enforcement injunctions be granted when foreign proceedings were commenced in breach of an arbitration agreement.
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In the recent High Court decision of United Integrated Services Pte Ltd v Civil Tech Pte Ltd and another [2019] SGHC 32 (“UIS v CTPL”), the High Court dealt with the question of, inter alia, what happens if an Adjudication Determination (“AD”) issued under the Building and Construction Industry Security of Payment Act (“SOP Act”) has been effectively superseded by a subsequent AD: should enforcement of the prior AD be allowed independent of the second AD?
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In the recent English High Court decision of Blue Manchester Limited v North West Ground Rents Limited [2019] EWHC 142 (TCC) (“Blue Manchester”), specific performance was ordered against the landlord of a mixed hotel-residential development to remedy structural defects in the glass façade of the building, among others.
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In the recent Court of Appeal decision of Glaziers Engineering Pte Ltd v WCS Engineering Construction Pte Ltd [2018] 2 SLR 1311, the Court of Appeal made clear that the threshold to set aside an adjudication determination rendered under the Building and Construction Industry Security of Payment Act (“SOP Act”) is a high one.
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In the recent Court of Appeal decision in SCK Serijadi Sdn Bhd v Artison Interior Pte Ltd (“SCK Serijadi”), the Court of Appeal made clear that the service of a garnishee order nisi does not turn a judgment creditor into a secured creditor.
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In Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd [2018] EWHC 2043 (TCC) (“Lonsdale”), The Honourable Mr. Justice Fraser decided that a company in liquidation cannot refer a dispute to adjudication under the Housing Grants Construction and Regeneration Act when that dispute includes (whether in whole or in part) determination of any claim for further sums said to be due to that company from the responding party.
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In S&T (UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448 (“S&T”), the English Court of Appeal dealt with (albeit obiter) the issue of whether an employer is entitled to pursue a claim in adjudication to determine the correct value of works on the date of an interim application. The English Court of Appeal expressly highlighted that it was dealing with this issue in light of its importance to the profession and the industry, given that there were conflicting English High Court decisions on this point ([3] S&T).
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The Court of Appeal recently dealt with the issue of whether the commencement of court proceedings in respect of a dispute covered by an arbitration agreement can constitute a repudiatory breach of the arbitration agreement, and what would amount to an acceptance of such repudiation, in the decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63.
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