EE HUP CONSTRUCTION PTE LTD v CHINA JINGYE ENGINEERING CORPORATION LIMITED (SINGAPORE BRANCH) & Anor

[2025] SGHC(A) 3 High Court (Appellate Division) 11 February 2025 • AD/CA 61/2024 • 21 min read
10 cases cited (9 SG, 1 foreign)

Catchwords

Injunctions — Erinford Injunction Injunctions — Unconscionability Building and Construction Law — Performance Bond

Practice Areas

Injunctions Building and Construction Law

Judges (3)

Mavis Chionh Sze Chyi Delivered See Kee Oon Coram Tay Yong Kwang Coram

Counsel (13)

Essex LLC Firm Holborn Law LLC Firm K Ravi Law Corporation Firm WhiteFern LLC Firm Andy Yeo Yong Chuan Counsel Respondent Anparasan s/o Kamachi Counsel Respondent Aw Wei Keng Kelvin Counsel Respondent Liew Boon Kwee James Counsel Appellant Paul Leng Ji En Counsel Appellant S Magintharan Counsel Appellant Shanmugam Suppiah Counsel Appellant Sivakumar Suchetra Counsel Respondent Tang Jin Sheng Counsel Respondent

Parties (3)

China Jingye Engineering Corporation Limited (Singapore Branch) Respondent Ee Hup Construction Pte Ltd Appellant India International Insurance Pte Ltd Respondent

Case Significance

[2025] SGHC(A) 3 is a High Court (Appellate Division) decision dated 11 February 2025 concerning Building and Construction Law and Injunctions, specifically addressing erinford injunction, unconscionability, and performance bond. The judgment was delivered by Mavis Chionh Sze Chyi, with See Kee Oon and Tay Yong Kwang on the coram. The case was brought by Ee Hup Construction Pte Ltd (appellant) against China Jingye Engineering Corporation Limited (Singapore Branch) and others (respondent). Legal representation was provided by Essex LLC and Holborn Law LLC. The judgment cites 10 cases (9 Singapore, 1 foreign) and references 1 statutory provision, namely the Building and Construction Industry Security of Payment Act.

Summary

A subcontractor appealed against the refusal to injunct a main contractor's call on a $501,163.80 performance bond for a Thomson-East Coast Line MRT station project. The Appellate Division dismissed the appeal, finding no unconscionability in the bond call for $499,864.67 and no basis for an Erinford injunction, and ordered $35,000 in costs.

What was decided in [2025] SGHC(A) 3?

[2025] SGHC(A) 3 (EE HUP CONSTRUCTION PTE LTD v CHINA JINGYE ENGINEERING CORPORATION LIMITED (SINGAPORE BRANCH) & Anor) is a High Court (Appellate Division) decision from 11 February 2025 addressing Building and Construction Law and Injunctions, specifically erinford injunction, unconscionability, and performance bond. The judgment was delivered by Mavis Chionh Sze Chyi.

Who were the parties in EE HUP CONSTRUCTION PTE LTD v CHINA JINGYE ENGINEERING CORPORATION LIMITED (SINGAPORE BRANCH) & Anor?

The appellant in [2025] SGHC(A) 3 was Ee Hup Construction Pte Ltd, and the respondent was China Jingye Engineering Corporation Limited (Singapore Branch), India International Insurance Pte Ltd. Legal representation included Holborn Law LLC and Essex LLC. The case was decided on 11 February 2025 in the High Court (Appellate Division).

Which judge decided [2025] SGHC(A) 3?

[2025] SGHC(A) 3 was delivered by Mavis Chionh Sze Chyi in the High Court (Appellate Division) on 11 February 2025. See Kee Oon and Tay Yong Kwang also sat on the coram. The case concerned Building and Construction Law and Injunctions.

What cases and statutes does [2025] SGHC(A) 3 cite?

[2025] SGHC(A) 3 cites 10 prior decisions, including 1 from foreign jurisdictions. It references Building and Construction Industry Security of Payment Act.

Statutes Cited

Building and Construction Industry Security of Payment Act (Cap 30B)
s 15(3)

Cases Cited (10)

SG (1)
[2024] SGHC 5
SLR (8)
[1990] 2 SLR(R) 520 [2003] 1 SLR(R) 394 [2012] 3 SLR 125 [2012] 3 SLR 352 [2013] 3 SLR 380 [2018] 1 SLR 317 [2020] 2 SLR 955 [2021] 3 SLR 571
UK (1)
[1974] 2 WLR 749

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGHC(A) 3)