DIAMOND GLASS ENTERPRISE PTE. LTD. v ZHONG KAI CONSTRUCTION COMPANY PTE. LTD.

[2023] SGHC(A) 20 High Court (Appellate Division) 31 May 2023 AD/CA 125/2021 37 min read
4 cases cited (3 SG, 1 foreign)

Key facts

Court High Court (Appellate Division)
Decided
Judges Hoo Sheau Peng, Quentin Loh, Woo Bih Li
Charges / claim Building and Construction Law
Counsel TSMP Law Corporation, Zenith Law Corporation, Chan Kah Keen Melvin, Isabel Su Hongling, Kris Chew Yee Fong, Yong Wei Jie Timothy

Source: [2023] SGHC(A) 20, High Court (Appellate Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (3)

Counsel (6)

Parties (2)

Case Significance

Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd and another appeal [2023] SGHC(A) 20 is a reserved supplementary judgment of the Appellate Division of the High Court, delivered on 31 May 2023 in Civil Appeal Nos 125 and 129 of 2021, with Quentin Loh SJ delivering the judgment of the court sitting with Woo Bih Li JAD and Hoo Sheau Peng J, following a hearing on 6 January 2023. The cross-appeals arose out of the decision of the Trial Judge in HC/S 1282/2019, reported as Zhong Kai Construction Co Pte Ltd v Diamond Glass Enterprise Pte Ltd [2021] SGHC 277, with the appeals first heard on 21 July 2022 and judgment delivered on 23 December 2022 in [2022] SGHC(A) 44. This supplementary judgment addresses the building and construction law issues of liquidated damages, the scope of works and variations, and costs.

[2023] SGHC(A) 20 explained

DIAMOND GLASS ENTERPRISE PTE. LTD. v ZHONG KAI CONSTRUCTION COMPANY PTE. LTD. ([2023] SGHC(A) 20) is a Singapore judgment decided by the High Court (Appellate Division) on 31 May 2023. It is categorised under Building and Construction Law. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC(A) 20 about?

DIAMOND GLASS ENTERPRISE PTE. LTD. v ZHONG KAI CONSTRUCTION COMPANY PTE. LTD. ([2023] SGHC(A) 20) is a High Court (Appellate Division) decision from 2023. Its published catchwords are “Building and Construction Law — Costs”, “Building and Construction Law — Scope of works — Variations”, and “Building and Construction Law — Damages — Liquidated damages”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC(A) 20 consider?

The judgment refers to Building and Construction Industry Security of Payment Act (Cap 30B) and Companies Act (Cap 50). The statutes cited are listed in full on this page, each linking to its primary text.

Summary

This was a supplementary judgment in cross-appeals between a main contractor, Zhong Kai Construction, and its subcontractor, Diamond Glass Enterprise, arising from aluminium cladding and related works for a project at Singapore Changi Airport, involving claims for liquidated damages, variations and replacement works. The court made supplementary orders addressing the net sums and costs. It fixed the net amount payable by Diamond Glass to Zhong Kai at $236,412.97, awarded Diamond Glass $138,000 in costs for the two appeals, and gave consequential directions on the security paid into court.

What was Diamond Glass Enterprise v Zhong Kai Construction [2023] SGHC(A) 20 about?

It was a reserved supplementary judgment of the Appellate Division, delivered on 31 May 2023, with Quentin Loh SJ delivering the court's judgment on the cross-appeals in Civil Appeal Nos 125 and 129 of 2021 concerning liquidated damages, variations and costs.

Which judges decided [2023] SGHC(A) 20?

The Appellate Division panel comprised Woo Bih Li JAD, Hoo Sheau Peng J and Quentin Loh SJ, who delivered the supplementary judgment of the court on 31 May 2023 in the building-and-construction cross-appeals between Diamond Glass Enterprise and Zhong Kai Construction.

Statutes Cited

Cases Cited (4)

SG (2)
[2021] SGHC 277 [2022] SGHC(A) 44
SLR (1)
[2021] 2 SLR 510
UK (1)
[1921] 2 KB 526

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC(A) 20)