In the recent case of CZT v CZU [2023] SGHC(I) 11, the Singapore International Commercial Court addressed whether records of deliberations by arbitrators are confidential. And the answer is generally yes, subject to limited exceptions.
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In the recent case of Asia Grand Pte Ltd v A I Associates Pte Ltd [2023] SGHC 175 (“Asia Grand”), the High Court addressed, among others, when a payment claim will be deemed to be served under s. 10 of the Building and Construction Industry Security of Payment Act 2004 when the contract in question does not contain any provision on the service of a payment claim.
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Hossain Rakib v Ideal Design & Build Pte Ltd [2023] SGHC 166 was an appeal concerning a claim for overtime pay for over 700 hours of overtime work under the Employment Act 1968 (2020 Rev Ed) (“EA”). Goh Yihan JC allowed the appeal and found that s 38(5) of the EA was intended to protect employees, and not to prevent them from claiming overtime pay beyond 72 hours per month.
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In The Republic of India v Deutsche Telekom AG [2023] SGCA(I) 4, the Court of Appeal dealt with the legal basis on which the court may make orders to protect the privacy of arbitration enforcement proceedings in Singapore.
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In Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd [2023] SGHC(A) 20, the key issue before the Court was the measure of damages for breach of a construction contract.
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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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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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In Government of the City of Buenos Aires v HN Singapore Pte Ltd [2023] SGHC 139, the key issue before the Court was whether a party had waived its right to terminate the contract for a repudiatory breach of contract by the other party.
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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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While the recent High Court case of Calpeda Asia Pacific Pte Ltd v Chew Construction & Plumbing Pte Ltd [2023] SGHC 102 may not make new law, it makes clear the importance of mustering evidence to prove one’s case. We set out two examples from the case below.
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