LITT
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Lim Poh Yeoh (alias Lim Aster) v TS Ong Construction Pte Ltd [2016] SGHC 179
A statutory demand founded on an adjudication determination under the SOPA can be set aside if the debtor has a genuine cross-demand that raises triable issues, as the SOPA's 'pay first, argue later' policy does not override the insolvency regime's rules on cross-claims.
Soon Li Heng Civil Engineering Pte Ltd v Samsung C&T Corporation & Anor
A call on a performance bond is unconscionable if it is motivated by an improper purpose, such as attempting to claw back sums paid under an adjudication determination by re-litigating issues already decided by the adjudicator.
Bintai Kindenko Private Limited v Samsung C&T Corporation
An adjudicator's failure to consider important issues that have been pleaded and flagged as important in dispute constitutes a breach of natural justice, rendering the adjudication determination liable to be set aside.
SIN HERH CONSTRUCTION PTE LTD v HYUNDAI ENGINEERING & CONSTRUCTION CO. LTD & Anor
The court held that the applicant failed to establish a strong prima facie case of unconscionability to restrain a call on a performance bond, and that an Erinford Order was not justified as the potential prejudice to the applicant in securing future projects was not related to t
LQS CONSTRUCTION PTE LTD v MENCAST MARINE PTE LTD & Anor
An applicant for an ex parte injunction has a duty of full and frank disclosure; failure to disclose material facts justifies the discharge of the injunction. Furthermore, mere contractual disputes do not meet the high threshold of unconscionability required to restrain a call on
Kalzip Asia Pte Ltd v BFG International Ltd [2018] SGHC 152
The court dismissed the plaintiff's claim for breach of contract and restitution, finding that the plaintiff failed to prove on a balance of probabilities that the GRP panels delaminated due to defective manufacturing by the defendant, rather than due to misuse and mishandling on
TT International Ltd v Ho Lee Construction Pte Ltd [2017] SGHC 62
Clause 31.4(2) of the PSSCOC exhaustively sets out the sums recoverable upon termination for convenience, and does not permit the recovery of loss of profits for uncompleted work.
LQS Construction Pte Ltd v Mencast Marine Pte Ltd and another [2017] SGHC 148
An applicant for an ex parte injunction has a duty of full and frank disclosure. Failure to disclose material facts, such as the termination of the contract, justifies the discharge of the injunction. Furthermore, a strong prima facie case of unconscionability is required to rest