News

In Offshoreworks Global (L) Ltd v POSH Semco Pte Ltd [2020] SGCA(I) 4 (“Offshoreworks”), the Court of Appeal clarified that currently, corporate self-representation for foreign bodies corporate is not permissible in respect of matters before the Singapore International Commercial Court (“SICC”).

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This brief update highlights some of the points raised by the Singapore High Court in the brief grounds issued in Re KS Energy Ltd and another matter [2020] SGHC 198 (“Re KS Energy”) concerning the grant of an order for interim judicial management under the Insolvency, Restructuring and Dissolution Act (the “IRDA”).

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The words “signed, sealed and delivered” are commonly used in deeds. But what happens if there is no physical seal? In Lim Zhipeng v Seow Suat Thin [2020] SGCA 89 (“Lim v Seow”), the Singapore Court of Appeal considered whether a deed had been “sealed” notwithstanding that there had been no seal.

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Search orders, also commonly referred to as Anton Piller orders, are one of the most powerful, but also draconian, tools available to a party. Courts have been wary of the potential for misuse of such orders, and in the recent England and Wales Court of Appeal (“EWCA”) decision of TBD (Owen Holland) Ltd v Simons & ors [2020] EWCA Civ 1182 (“TBD v Simons”), Arnold LJ (with whom Newey LJ and David Richards LJ agreed) made some important comments on the use of search orders in the digital era.

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One of the less commonly relied upon grounds for challenging an adjudication determination under the Building and Construction Industry Security of Payment Act (the “SOP Act”) is fraud. In Facade Solution Pte Ltd v Mero Asia Pacific Pte Ltd [2020] SGCA 88 (“FS v MA”), the Court of Appeal had occasion to consider an appeal against the High Court’s decision to set aside an adjudication determination on the ground of fraud. This update highlights some of the key points raised by the Court of Appeal.

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In ST Building Solutions Pte Ltd v FortyTwo Pte Ltd [2020] SGHC 184 (“ST v FT”), the Plaintiff failed to prove its special damages claimed and the Singapore High Court awarded general damages at a far lower amount.

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In Sandy Island Pte Ltd v Thio Keng Thay [2020] SGCA 86 (“Sandy Island v TKT”), the Court of Appeal clarified what happens if a party in the position of an owner refuses access to a party in the position of a main contractor to perform rectification works, and the owner then seeks to recover damages for defects at common law, when the contract has a defects liability clauses.

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The Court of Appeal has recently delivered an important decision on the interaction between the calling of performance bonds and the adjudication regime established under the Building and Construction Industry Security of Payment Act (“SOPA”) in Samsung C&T Group v Soon Li Heng Civil Engineering Pte Ltd [2020] SGCA 79 (“SCT v SLH”). In summary, the Court of Appeal made clear that calls on performance bonds which have the effect of negating the decision of an adjudication determination prior to the circumstances allowed under SOPA would be unconscionable.

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Would you be liable in negligence if you are given a key to inspect a house, and because you left the door open, someone else entered the house and started a fire, causing damage? Rushbond Plc v The J S Design Partnership LLP [2020] EWHC 1982 (TCC) (“Rushbond v JS Design”) deals with the above scenario, and makes clear that, in general, pure omission cases are not so easy to succeed.

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This is a short update on the important decision by the United Kingdom Supreme Court (“UKSC”) in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 (“Bresco v Lonsdale”). We will not be focusing on the facts, but more on some of the key statements made by Lord Briggs (delivering the judgment of the UKSC) in Bresco v Lonsdale.

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