Surge Electrical Engineering Pte Ltd v Powertec Engineers Pte Ltd

Parties

Procedural Posture

Civil Suit Contract (construction) / Interlocutory Application / Appeal Regarding Further and Better Particulars

Legal Issues

1. 1 Whether defendants are entitled to particulars stating whether each progress claim was oral or written and identifying person or document for each claim
2. 2 Whether defendants are entitled to particulars of the original tax invoices for each progress claim
3. 3 Whether the particulars sought were necessary to enable defendants to plead and prepare a defence or constituted a request for evidence/fishing expedition

Ratio Decidendi

The court refused to order particulars that sought to disclose how the plaintiffs would prove their progress claims (whether each claim was oral and the original tax invoices) because those particulars were unnecessary for the defendants to formulate a defence, were duplicative of other particulars already ordered, and amounted to a request for evidence or a potentially frivolous fishing expedition; however, the court ordered specific breakdowns and particulars necessary to identify the plaintiffs' case on additions, variations and increased preliminaries and wages.

Court Disposition

Application for Further and Better Particulars: certain particulars granted; particulars requested in items (v) and (ix) in relation to para 4 refused

Orders

• Plaintiffs ordered to furnish particulars under para 2 item (e) as to whether instructions for each additional/variation work were oral or written and identify person or document for each instruction
• Plaintiffs ordered to furnish a breakdown of $1,756,123.53 claimed for additions/variations under para 4