GLAZIERS ENGINEERING PTE LTD v WCS ENGINEERING CONSTRUCTION PTE LTD

GLAZIERS ENGINEERING PTE LTD v WCS ENGINEERING CONSTRUCTION PTE LTD

The fair hearing rule was not breached because the applicable standard of persuasion was inherent and integral to the adjudicator’s task of assessing evidential sufficiency; parties had engaged on sufficiency of evidence and could reasonably have foreseen the issue; even if a breach occurred it caused no prejudice...

Source-derived case information.

Citation
[2018] SGCA 66
Parties
Appellant/defendant in Originating Summons: Glaziers Engineering Pte Ltd; Respondent/plaintiff in Originating Summons: WCS Engineering Construction Pte Ltd
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
22 October 2018
Case Number
CA/CA 144/2017
Procedural Posture
Adjudication Setting Aside Appeal Under Building and Construction Industry Security of Payment Act / Appeal to the Court of Appeal (judgment on Appeal)
Outcome
Appeal allowed; High Court order setting aside adjudication determination overturned
Legal Topics
Setting Aside Adjudication Determination, Fair Hearing Rule, Standard of Persuasion, Burden/standard of Proof, Prejudice Test
Source Language
english
Building and Construction Law Dispute Resolution Adjudication Administrative Law Natural Justice Setting Aside Adjudication Determination Fair Hearing Rule Standard of Persuasion +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Glaziers Engineering Pte Ltd

Appellant/defendant in Originating Summons

WCS Engineering Construction Pte Ltd

Respondent/plaintiff in Originating Summons

Procedural Posture

Adjudication Setting Aside Appeal Under Building and Construction Industry Security of Payment Act / Appeal to the Court of Appeal (judgment on Appeal)

Legal Issues

  1. 1 Whether the adjudicator applied the criminal standard of persuasion ('beyond reasonable doubt')
  2. 2 Whether failing to invite submissions on the applicable standard of persuasion breached the fair hearing rule
  3. 3 Whether any breach caused prejudice to the respondent

Ratio Decidendi

The fair hearing rule was not breached because the applicable standard of persuasion was inherent and integral to the adjudicator’s task of assessing evidential sufficiency; parties had engaged on sufficiency of evidence and could reasonably have foreseen the issue; even if a breach occurred it caused no prejudice because the adjudicator’s reasoning showed no evidential basis for the respondent’s set‑off such that a prima facie standard would not have produced a different result; reaffirmed that prima facie standard applies in adjudications under the Act.

Court Disposition

Appeal allowed; High Court order setting aside adjudication determination overturned

Orders

  • High Court order setting aside the adjudication determination set aside
  • Adjudication determination reinstated