Terrenus Energy SL2 Pte Ltd v Attika Interior + MEP Pte Ltd and another appeal

[2025] SGHC(A) 4 High Court (Appellate Division) 26 February 2025 • AD/CA 2/2024|AD/CA 4/2024 • 50 min read
22 cases cited (6 SG, 16 foreign)

Catchwords

Damages — Measure of damages — Contract — Cost of cure Building and Construction Law — Contractors’ duties — Extension of time and liquidated damages

Practice Areas

Damages Building and Construction Law

Judges (3)

Kannan Ramesh Delivered See Kee Oon Coram Woo Bih Li Coram

Counsel (8)

Drew & Napier LLC Firm Eldan Law LLP Firm Amanda Koh Jia Yi Counsel Respondent Chua Calen Craig Counsel Appellant Lee Peng Khoon Edwin Counsel Respondent Smrithi Sadasivam Counsel Respondent Teo Wei Xian Kelvin Counsel Appellant Zhao Junning Counsel Appellant

Parties (2)

Attika Interior + MEP Pte Ltd Respondent Terrenus Energy SL2 Pte Ltd Appellant

Case Significance

[2025] SGHC(A) 4 is a High Court (Appellate Division) decision dated 26 February 2025 concerning Building and Construction Law and Damages, specifically addressing measure of damages and contractors’ duties. The judgment was delivered by Kannan Ramesh, with See Kee Oon and Woo Bih Li on the coram. The case was brought by Terrenus Energy SL2 Pte Ltd (appellant) against Attika Interior + MEP Pte Ltd (respondent). Legal representation was provided by Drew & Napier LLC and Eldan Law LLP. The judgment cites 22 cases (6 Singapore, 16 foreign) and references 1 statutory provision, namely the Building and Construction Industry Security of Payment Act.

Summary

Cross-appeals concerning a construction dispute between Terrenus Energy and Attika over a solar panel project, raising the issue of whether 'cost of cure' damages require an intention to rectify defects. The Appellate Division dismissed the main appeal but allowed the cross-appeal, holding the judge lacked jurisdiction to make deductions for defects that parties had agreed to resolve through neutral evaluation.

What was decided in [2025] SGHC(A) 4?

[2025] SGHC(A) 4 (Terrenus Energy SL2 Pte Ltd v Attika Interior + MEP Pte Ltd and another appeal) is a High Court (Appellate Division) decision from 26 February 2025 addressing Building and Construction Law and Damages, specifically measure of damages and contractors’ duties. The judgment was delivered by Kannan Ramesh.

Who were the parties in Terrenus Energy SL2 Pte Ltd v Attika Interior + MEP Pte Ltd and another appeal?

The appellant in [2025] SGHC(A) 4 was Terrenus Energy SL2 Pte Ltd, and the respondent was Attika Interior + MEP Pte Ltd. Legal representation included Eldan Law LLP and Drew & Napier LLC. The case was decided on 26 February 2025 in the High Court (Appellate Division).

Which judge decided [2025] SGHC(A) 4?

[2025] SGHC(A) 4 was delivered by Kannan Ramesh in the High Court (Appellate Division) on 26 February 2025. See Kee Oon and Woo Bih Li also sat on the coram. The case concerned Building and Construction Law and Damages.

What cases and statutes does [2025] SGHC(A) 4 cite?

[2025] SGHC(A) 4 cites 22 prior decisions, including 16 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)

Cases Cited (22)

SG (1)
[2023] SGHC 333
SLR (5)
[1999] 2 SLR(R) 1035 [2005] 2 SLR(R) 484 [2007] 3 SLR(R) 537 [2018] 2 SLR 655 [2023] 3 SLR 1445
UK (14)
[1950] 1 KB 9 [1966] AC 406 [1970] AC 652 [1977] 1 WLR 1262 [1977] Ch 106 [1994] 1 AC 85 [1995] 1 WLR 68 [1996] AC 344 [2001] 1 AC 518 [2001] AC 268 [2007] EWHC 2546 [2010] EWHC 3276 [2011] EWHC 1811 [2022] EWHC 2504
AU (2)
[1954] HCA 36 [2010] SASC 106

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGHC(A) 4)