In Radha Properties Pte. Ltd. v Lim Poh Suan & 2 Ors. [2022] SGHC 139, the General Division of the High Court held that the option clause in a tenancy agreement to renew the lease of a property was not enforceable as the parties had failed to mutually agree on the “prevailing market rate” for the monthly rent for the purpose of renewing the lease.
Read MoreIn Essential Living (Greenwich) Limited v Elements (Europe) Limited [2022] EWHC 1400 (TCC), the England and Wales Technology and Construction Court (“TCC”) had the opportunity to determine whether, and if so, to what extent, an adjudication decision between the parties was binding on them for the purpose of the ongoing final account process under the contract and any further adjudication. While this is an English decision, it poses some interesting questions for consideration in relation to adjudication under the Building and Construction Industry Security of Payment Act 2004.
Read MoreIn this brief blog, we take a quick look at some of the issues arising in the recent Singapore International Commercial Court (“SICC”) decision of The Government of the Lao People’s Democratic Republic & 2 Ors v Sanum Investments Limited & Anor [2022] SGHC(I) 9 (“GOL v Sanum”)
Read MoreIn RMD Kwikform Singapore Pte Ltd v Ehub Pte Ltd [2022] SGHC 129, the High Court had the opportunity to address, among others, the authenticity of internal records which the plaintiff relied on to quantify its claims.
Read MoreUnder the domestic arbitration regime established by the Arbitration Act (Cap. 10, 2002 Rev. Ed.) (the “AA”), the court has a discretion to refuse to stay court proceedings in favour of arbitration. And in CSY v CSZ [2022] SGCA 43, the Court of Appeal reversed the first instance decision and found that there was sufficient reason not to stay the court proceeding and refer the matter to arbitration.
Read MoreIn Seow Fook Sen Aloysius v Rajah & Tann Singapore LLP [2022] SGCA 40, the Court of Appeal took the opportunity to provide guidance on when appeals should be made to the Court of Appeal after the establishment of the Appellate Division of the High Court.
Read MoreIn the recent decision of LBE Engineering Pte Ltd v Double S Construction Pte Ltd [2022] SGHC 92, the Court re-iterated that in general, a contractor does not have the right to suspend work for non-payment unless this has been expressly provided for in the parties’ contract.
Read MoreThe High Court in La Dolce Vita Fine Dining Company Ltd v Zhang Lan and others [2022] SGHC 89 considered the discovery of entries in a banker’s book, and specifically, whether the bank’s record of the beneficial owner of an account forms part of its transactional record.
Read MoreIn Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440, the England and Wales Court of Appeal (Civil Division) dealt with whether an exclusion clause excluded liability for wasted expenditure arising out of wrongful repudiation in addition to excluding liability for loss of profit/savings/revenue.
Read MoreIn Hin Leong Trading (Pte) Ltd (in liquidation) v Rajah & Tann Singapore LLP and another appeal [2022] SGCA 28, the Court of Appeal upheld the Judge’s decision to strike out the Injunction Applications brought by the directors in the Companies’ names as they had no authority nor the sanction to challenge the interim judicial managers’ appointment of solicitors.
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