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The District Court awarded Crimsign Graphics Pte Ltd payment under three signage contracts and dismissed most of Amxon Constructors’ counterclaims, allowing only S$840.50 for proven rectification.
The District Court held the architect owed no duty for the automated gate’s operational design or installation supervision, but the contractor was liable for the gate collapse.
High Court held the subcontractor liable for backcharges and liquidated damages, rejected a SOPA suspension defence, and dismissed the counterclaim.
The High Court partly set aside an arbitral award, holding that 50% awards for three consultants’ fees breached natural justice, but dismissed the rest of the challenge.
The court held the subcontract unenforceable for uncertainty, found the payment terms were later varied by agreement, rejected repudiatory breach, and awarded the defendant nominal damages of $1.
The High Court granted winding-up orders after statutory demands went unpaid, holding the companies were deemed unable to pay their debts under the IRDA.
The High Court held the plaintiff’s claim against KTP Consultants was time-barred, finding the cladding defect was apparent by the 2016 report and striking out the claim.
The application was dismissed because the Tribunal did not exceed its jurisdiction, adhered to the parties' agreed arbitral procedure, and did not breach natural justice: the expectation damages issue was within the scope given the pleadings, evidence and parties' written submissions (and the applicant responded to it); the applicant failed to object during arbitration and opted for an expedited documents‑only procedure which increased reliance on written submissions; substantive complaints about measurement of damages were merits challenges inappropriate to setting‑aside proceedings.
Source excerpt
The Singapore International Commercial Court held that a FIDIC amicable settlement procedure was not a condition precedent to arbitration, so the tribunal had jurisdiction.
CZQ & Anor v CZS [2023] SGHC(I) 16 (27 October 2023)
The Singapore International Commercial Court held that FIDIC Sub-Clause 20.5 was not a condition precedent to arbitration under Sub-Clause 20.6.
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