![Case Update: Fundamental Investors Pte Ltd v Palm Tree Investment Group Pte Ltd [2020] SGHC 73: The Prevention Principle](https://images.squarespace-cdn.com/content/v1/5b6dba3250a54f3034533fb4/1587199048160-5RP39Y9FYAXG8OZQTHRC/image-asset.jpeg)
A case update on the decision in Fundamental Investors Pte Ltd v Palm Tree Investment Group Pte Ltd [2020] SGHC 73 regarding the prevention principle.
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Among the limited grounds available for setting aside and/or refusing to enforce an adjudication determination, the (arguably) rarest ground to be invoked is fraud. The recent England and Wales Court of Appeal decision of PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (“PBS Energo v Bester”) is one of the rare cases where an appellate court had occasion to consider the issue of how allegations of fraud would affect the enforcement of an adjudicator’s decision.
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In the recent decision of Goh Kok Liang v GYP Properties Ltd and another [2020] SGHC 53 (“GKL v GYP”), the Singapore High Court made several important observations regarding Offers to Settle under O 22A of the Rules of Court (the “ROC”) and the issue of costs in a case where an Offer to Settle is made.
Read More![BYL V BYN [2020] SGHC(I) 06](https://images.squarespace-cdn.com/content/v1/5b6dba3250a54f3034533fb4/1585281258486-RHY4RF89ASTX5QY4AAGA/image-asset.jpeg)
In the recent decision of BYL v BYN [2020] SGHC(I) 06 (“BYL v BYN”), the Singapore International Commercial Court upheld an ICC Award that was challenged on the basis that (a) the Tribunal had failed to decide the dispute before it, and (b) the Tribunal’s conduct gave rise to a reasonable suspicion of bias.
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On 18 February 2020, the Singapore government announced that it would support Singapore firms and workers with some S$4 billion dollars in view of the impact of COVID-19 on the global and domestic economy. This article focusses on some of the problems COVID-19 may cause in the construction industry in Singapore.
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In the recent decision of Hai Jiao 1306 Ltd and others v Yaw Chee Siew [2020] SGHC(I) 03 (“HJ1306 v YCS”), the Singapore International Commercial Court drew an adverse inference against the defendant for his repeated breaches of discovery orders.
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Is an arbitrator entitled to decline to hear evidence from all of a party’s witness based on his interpretation of the arbitral rules? This issue arose for consideration in the High Court decision of CBP v CBS [2020] SGHC 23 (“CBP v CBS”), and on the facts of the case, the High Court set aside the arbitral award for breach of natural justice.
Read More![DAISHO DEVELOPMENT SINGAPORE PTE LTD V ARCHITECTS 61 PTE LTD [2020] SGHC 16](https://images.squarespace-cdn.com/content/v1/5b6dba3250a54f3034533fb4/1580794859286-PLNTT0HBI4WH6DGHXR8U/image-asset.jpeg)
In Daisho Development Singapore Pte Ltd v Architects 61 Pte Ltd [2020] SGHC 16 (“Daisho v Architects”), the High Court dismissed the plaintiff’s claim for losses allegedly resulting from negligent misrepresentations made by the defendant. This article will focus on some of the reasons why the High Court found that the defendant did not owe a duty of care to the plaintiff.
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In The Civil Aviation Authority v Jet2.Com Ltd, R(on the Application of) [2019] EWCA 35 (“CAA v Jet2”), the EWCA applied the dominant purpose test on the question of whether legal advice privilege covered email communications between multiple persons which included amongst them a lawyer.
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