MAREVA INJUNCTION AND MATERIAL NON-DISCLOSURE

Parastate Labs Inc v Wang Li and others [2023] SGHC 153 concerned an application for a worldwide Mareva injunction for a quantum of US$5m. While Andre Maniam J ultimately granted a Mareva injunction for US2.5m, this only came after a conversion of the ex parte application into an inter partes application due to the claimant’s material non-disclosure.

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Xian Ying Tan
VARIATIONS AND CONDITIONS PRECEDENT (AGAIN)

In the recent Technology and Construction Court decision of Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd & Anor (Judgment No. 2) [2023] EWHC 1142 (TCC) (“Energy Works v MW”), the issue of conditions precedent cropped up yet again in respect of a “variation claim”.

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Xian Ying Tan
CAN YOU SUBMIT AN ADJUDICATION APPLICATION ON A PAYMENT CLAIM THAT WAS PRESENTED JUST BEFORE THE CONTRACT WAS TERMINATED?

In Builders Hub Pte Ltd v JP Nelson Equipment Pte Ltd [2023] SGHC 120, the adjudicator dismissed an adjudication application on the basis that there was no jurisdiction to hear the dispute as the contract was terminated. Dissatisfied, the claimant applied to set aside the adjudication determination. Teh Hwee Hwee JC set aside the Adjudication Determination and remitted it back to the adjudicator.

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Xian Ying Tan
CHANGING OF EXPERTS AND DISCLOSURE OF DRAFT REPORTS

In our earlier blog, we discussed the case of University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (TCC) on changing of experts and concerns of expert shopping. This week, we look at the case of Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors [2023] EWHC 802 (TCC) as it sheds light on when previous drafts of an expert’s report would not be ordered to be disclosed.   

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Xian Ying Tan