News

In the recent decision of Bennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 (“Bennett v CMC”), the England and Wales Court of Appeal (the “EWCA”) addressed, inter alia, the issue of how the milestone of “… on sign-off” be interpreted in a situation where the interim payment arrangements in the JCT standard form were replaced by the parties.

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In the recent decision of Bennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 (“Bennett v CMC”), the England and Wales Court of Appeal (the “EWCA”) addressed, inter alia, the issue of how the milestone of “… on sign-off” be interpreted in a situation where the interim payment arrangements in the JCT standard form were replaced by the parties.

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This article summarises some of the key changes effected via the State Courts Practice Directions Amendment No. 6 of 2019, being the new Practice Direction 144 and the pre-action protocol set out therein, which will apply to actions commenced in the State Courts from 1 October 2019 onwards.

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In the recent High Court decision of BSM v BSN and another matter [2019] SGHC 185 (“BSM v BSN”), the High Court dismissed two applications to set aside two separate but related arbitral awards. BSM v BSN is a useful reminder of (a) how difficult it is to set aside arbitral awards, and (b) the availability of remission (in certain instances) as an “alternative” to setting aside.

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In the recent decision of PP v Soil Investigation Pte Ltd [2019] SGCA 46 (“PP v SIPL”), the Court of Appeal set aside an acquittal of the main contractor for an offence committed by its subcontractor.

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In the recent decision of Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 (“TKT v SI”), one of the issues addressed by the High Court was whether the breach of a defects liability clause removed the right to claim for damages.  

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In the recent High Court decision of Yap Chen Hsiang Osborn v Public Prosecutor [2019] SGCA 40 (“Osborn”), the Court of Appeal acquitted the Applicant of five charges under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) (the “CDSA”) and set aside his sentences imposed in respect of those charges.

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In the recent decision of BNA v BNB and another [2019] SGHC 142 (“BNA v BNB”), the High Court made many important observations concerning arbitration law in Singapore.  

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In the recent High Court decision of Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd [2019] SGHC 139 (“Lendlease”), the High Court overturned the finding by the adjudicator below and held that the adjudication application was filed out of time and in breach of section 13(3)(a) of the Building and Construction Industry Security of Payment Act (“SOP Act”).

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In the recent Court of Appeal decision of Bintai Kindenko Pte Ltd v Samsung C&T Corp [2019] SGCA 39 (“Bintai v Samsung”), the Court of Appeal upheld the discharge of an interim injunction restraining the Main Contractor’s call on a performance bond.

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