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

2 cases cited Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	23 October 2023
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 23 October 2023 — eLitigation. Updated 10 July 2026.

Catchwords

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 Building and Construction Law — Dispute resolution — Adjudication — Building and Construction Industry Security of Payment Act 2004 — Setting aside — Interpretation of s 13(3)(a)

Practice Areas

Statutory Interpretation Building and Construction Law

Judges (1)

Philip Jeyaretnam Delivered

Counsel (8)

LIMN Law Corporation Firm

Shook Lin & Bok LLP Firm

Claire Tan Su Yin Counsel for the defendant

John Lim Kwang Meng Counsel for the claimant

Joseph Tay Weiwen Counsel for the defendant

Lee Yu Xin, Audrey Counsel for the claimant

Ng Kai Ling Counsel for the claimant

Swah Yeqin Shirin Counsel for the defendant

Parties (2)

H P Construction & Engineering Pte Ltd Claimant

Mega Team Engineering Pte Ltd Defendant

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.

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.