H P CONSTRUCTION & ENGINEERING PTE LTD v MEGA TEAM ENGINEERING PTE. LTD.

[2023] SGHC 298 High Court (General Division) 23 October 2023 HC/OA 867/2023 11 min read
2 cases cited Cited by 1 case

Key facts

Court High Court (General Division)
Decided
Judge Philip Jeyaretnam
Charges / claim Statutory Interpretation, Building and Construction Law
Counsel LIMN Law Corporation, Shook Lin & Bok LLP, Claire Tan Su Yin, John Lim Kwang Meng, Joseph Tay Weiwen, Lee Yu Xin, Audrey, Ng Kai Ling, Swah Yeqin Shirin

Source: [2023] SGHC 298, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Case Significance

H P Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2023] SGHC 298 is a grounds of decision of Philip Jeyaretnam J in the General Division of the High Court, delivered on 23 October 2023 in Originating Application No 867 of 2023. The claimant, H P Construction & Engineering Pte Ltd, applied to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2004 in favour of the defendant, Mega Team Engineering Pte Ltd. The central question was whether the seven-day period to file an adjudication application under section 13(3)(a) of the SOPA, running after the entitlement to do so arises, includes or excludes that day. Philip Jeyaretnam J dismissed the claimant's application.

[2023] SGHC 298 explained

H P CONSTRUCTION & ENGINEERING PTE LTD v MEGA TEAM ENGINEERING PTE. LTD. ([2023] SGHC 298) is a Singapore judgment decided by the High Court (General Division) on 23 October 2023. It is categorised under Statutory Interpretation and Building and Construction Law. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. 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 298 about?

H P CONSTRUCTION & ENGINEERING PTE LTD v MEGA TEAM ENGINEERING PTE. LTD. ([2023] SGHC 298) is a High Court (General Division) decision from 2023. Its published catchwords are “Statutory Interpretation — Statutes — Building and Construction Industry Security of Payment Act 2004”, “Statutory Interpretation — Interpretation Act — Applicability to s 13(3)(a) of the Building and Construction Industry Security of Payment Act 2004”, and “Building and Construction Law — Dispute resolution — Adjudication — Building and Construction Industry Security of Payment Act 2004 — Setting aside — Interpretation of s 13(3)(a)”, 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 298 consider?

The judgment refers to Building and Construction Industry Security of Payment Act (Cap 30B) and Interpretation Act (Cap 1). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 298?

Within this corpus, [2023] SGHC 298 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

H P Construction & Engineering Pte Ltd applied to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2004 in favour of its sub-contractor, Mega Team Engineering Pte Ltd. The central issue was the interpretation of s 13(3)(a), specifically whether the seven-day period for filing an adjudication application includes or excludes the first day, alongside challenges to alleged patent errors. The High Court dismissed the application to set aside the determination and ordered costs of $13,000 to the defendant.

What was H P Construction & Engineering v Mega Team Engineering [2023] SGHC 298 about?

It was an application before Philip Jeyaretnam J by H P Construction & Engineering to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2004 in favour of Mega Team Engineering, decided on 23 October 2023.

How did the court decide [2023] SGHC 298?

Philip Jeyaretnam J dismissed the claimant's application, addressing whether the seven-day period under section 13(3)(a) of the Security of Payment Act to file an adjudication application, running after the entitlement arises, includes or excludes that day.

Statutes Cited

Cases Cited (2)

SG (1)
[2014] SGHC 142
SLR (1)
[2016] 4 SLR 645

Cited By (1)

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 298)