IS AN ADJUDICATOR'S FINDING THAT A PAYMENT CLAIM WAS VALIDLY SERVED A DETERMINATION ON THE MERITS?

In Emergent Engineering Pte Ltd v China Construction Realty Co Pte Ltd [2022] SGHC 276, Justice Tan Siong Thye dismissed the Respondent’s application to set aside the Adjudication Determination and the consequent Order of Court which enforced the Adjudication Determination. Among others, Tan J held that the Adjudicator’s finding that the payment claim in question was validly served was a determination on the merits which the Court was not entitled to review.

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Xian Ying Tan
BACK-TO-BACK AND REPUDIATION BY PROLONGED NON-PAYMENT

In DSL Integrated Solution Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221 (“DSL v Triumph”), the High Court addressed “back-to-back” contracts and found that a sub-sub-contractor was justified in stopping works as the sub-contractor had committed a repudiatory breach by failing to make payment.

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Xian Ying Tan
NOMINAL DAMAGES FOR BREACH OF CONTRACT

The case of Youprint Productions Pte Ltd v Mak Sook Ling [2022] SGHC 212 concerns an appeal on a simple point of law: when a breach of contract is proven, but not its loss or damage, should the claim be dismissed, or should it be allowed with nominal damages awarded?

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Xian Ying Tan
IMPLYING A TERM IN FACT

In Writers Studio Pte Ltd v Chin Kwok Yung [2022] SGHC 205, Justice Lee Seiu Kin (“Lee J”) dismissed a claim for breach of contract on the basis that the plaintiff had failed to properly plead the contract into which terms are to be implied in fact.

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Xian Ying Tan
A REFRESHER ON SHAM DOCUMENTS AND ILLEGALITY

In this week’s blog, we refresh ourselves on the legal principles for determining whether a document is a sham and whether a party can rely on an unpleaded issue of illegality with reference to the case of Siraj Ansari bin Mohamed Shariff v Juliana binte Bahadin & Anor [2022] SGHC 186 (“Siraj v Juliana”).

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Xian Ying Tan