JE Synergy Engineering Pte. Ltd. v Sinohydro Corporation Limited (Singapore Branch)

[2023] SGHC 362 High Court (General Division) 29 December 2023 HC/OA 437/2022

6 cases cited

Key facts

Court	High Court (General Division)
Decided	29 December 2023
Judge	S Mohan
Charges / claim	Building and Construction Law
Counsel	Aquinas Law Alliance LLP, Dentons Rodyk & Davidson LLP, RWong Law Corporation, Cephas Yee Xiang (Yi Xiang), Fan Wai Leong, Benson, Koh Kia Jeng, Matthew Tan Jun Ye, Ng Guo Xi (Wu Guoxi), Raymond Wong (Wang Xukuan), See Kwang Guan (Xu Guangyan)

Source: [2023] SGHC 362, High Court (General Division), decided 29 December 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Building and Construction Law — Statutes and regulations — Building and Construction Industry Security of Payment Act — Application to set aside adjudication determinations — Whether adjudication determinations were induced or affected by fraud or corruption

Practice Areas

Building and Construction Law

Judges (1)

S Mohan Delivered

Counsel (10)

Aquinas Law Alliance LLP Firm Dentons Rodyk & Davidson LLP Firm RWong Law Corporation Firm

Cephas Yee Xiang (Yi Xiang) Counsel for the claimant

Fan Wai Leong, Benson Counsel for the defendant

Koh Kia Jeng Counsel for the defendant Matthew Tan Jun Ye Counsel for the claimant

Ng Guo Xi (Wu Guoxi) Counsel for the defendant

Raymond Wong (Wang Xukuan) Counsel for the claimant

See Kwang Guan (Xu Guangyan) Counsel for the defendant

Parties (2)

JE Synergy Engineering Pte Ltd Claimant

Sinohydro Corp Ltd (Singapore Branch) Defendant

Case Significance

JE Synergy Engineering Pte Ltd v Sinohydro Corp Ltd (Singapore Branch) [2023] SGHC 362 is a grounds of decision of S Mohan J in the General Division of the High Court, delivered on 29 December 2023 in Originating Application No 437 of 2022. The claimant applied under section 27(6) of the Building and Construction Industry Security of Payment Act 2004 to set aside two adjudication determinations, dated 6 June 2020 and 9 July 2020, and an order granting the defendant leave to enforce them, alleging that the determinations were induced or affected by fraud or corruption, or alternatively to stay their enforcement. S Mohan J dismissed the application on 16 October 2023 and set out full grounds after the claimant appealed to the Appellate Division of the High Court.

Summary

JE Synergy Engineering Pte Ltd, the main contractor for building works at a Mechanical Biological Treatment facility, applied to set aside two adjudication determinations and an enforcement order obtained by its subcontractor Sinohydro Corporation Limited (Singapore Branch) under the Building and Construction Industry Security of Payment Act, alleging the determinations were induced by fraud or corrupt over-certification. The court held the claimant failed to adduce compelling evidence of fraud or corruption and dismissed the application, including the alternative request for a stay, and ordered costs against the claimant.

What was JE Synergy Engineering v Sinohydro [2023] SGHC 362 about?

It was an application by JE Synergy Engineering before S Mohan J to set aside two adjudication determinations under the Building and Construction Industry Security of Payment Act, on the ground that they were induced or affected by fraud or corruption.

How did the court rule in [2023] SGHC 362?

S Mohan J dismissed the claimant's application to set aside the two adjudication determinations on 16 October 2023, giving full written grounds on 29 December 2023 after JE Synergy appealed to the Appellate Division of the High Court.