L & M Concrete Specialists v United Eng Contractors: Appeal on Registrar's Directions in Construction Dispute
In a dispute between L & M Concrete Specialists Pte Ltd and United Eng Contractors Pte Ltd, the High Court of Singapore heard an appeal by L & M Concrete Specialists against the Registrar's directions regarding trial dates. The appeal stemmed from a construction project at Hilltops Apartments, with a counterclaim by United Eng Contractors related to the Sinsov Building project. The court dismissed the appeal, refusing to vacate the trial dates pending the outcome of an appeal on security for costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning Registrar's directions in a construction dispute. The court dismissed the appeal, refusing to vacate trial dates pending appeal on security for costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| L & M Concrete Specialists Pte Ltd | Plaintiff, Appellant | Corporation | Appeal dismissed | Lost | Sean Tan, Michael Low |
| United Eng Contractors Pte Ltd | Defendant, Respondent | Corporation | Appeal dismissed | Won | Rama Kasi |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sean Tan | J Koh & Co |
| Michael Low | J Koh & Co |
| Rama Kasi | Raj Kumar & Rama |
4. Facts
- Plaintiffs appealed against Registrar's directions at a pre-trial conference.
- The Registrar set deadlines for exchanging affidavits and setting down the action for trial.
- Plaintiffs sought to vacate the trial dates pending an appeal on security for costs.
- Defendants' counterclaim related to a separate project at the Sinsov Building.
- Plaintiffs applied for security for costs based on Defendants' financial status.
- A winding-up petition was pending against the Defendants.
- The High Court Judge had previously allowed the Defendants’ appeal against the Assistant Registrar’s decision on security for costs.
5. Formal Citations
- L & M Concrete Specialists Pte Ltd v United Eng Contractors Pte Ltd, Suit 600131/2000 ,RA 600154/2001, [2001] SGHC 285
6. Timeline
| Date | Event |
|---|---|
| Writ of Summons | |
| Defence & Counterclaim | |
| Reply & Defence to Counterclaim | |
| Amended Defence & Counterclaim | |
| Amended Reply, Defence to Counterclaim And Counterclaim to Counterclaim | |
| Summons-For-Directions | |
| Notice for Further Directions by Plaintiffs | |
| Plaintiff’s Application for security for costs fixed for hearing | |
| Orders made at further PTC | |
| Eng’s Affidavit (filed/served) in respect of security for costs hearing. | |
| Further Affidavit by Plaintiff in respect of security for costs hearing | |
| Security for costs hearing before A.R. Order made for Defendant to furnish security in the sum of $50,000.00 within 7 days | |
| Appeal hearing on security for costs before Justice J. Prakash | |
| Urgent PTC before Registrar | |
| Appeal lodged against court's decision | |
| Judgment issued |
7. Legal Issues
- Vacation of Trial Dates
- Outcome: The court refused to vacate the trial dates.
- Category: Procedural
- Security for Costs
- Outcome: The court considered the appeal on security for costs but did not make a ruling on the merits of the security for costs application itself in this judgment.
- Category: Procedural
8. Remedies Sought
- Vacation of trial dates
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Dispute
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Dickson Trading (S) Pte Ltd v Transmarco Ltd | High Court | Yes | [1989] 2 MLJ 408 | Singapore | Cited for principles regarding stay of execution and interim injunctions pending appeal. |
| Erinford Properties Ltd & Anor v Cheshire County Council | Ch | Yes | [1974] Ch 261 | England and Wales | Cited regarding interim injunction pending appeal. |
| Wilson v Church (No.2) | ChD | Yes | (1879-80) 12 ChD 454 | England and Wales | Cited regarding the court's discretion not to render an appeal nugatory. |
13. Applicable Rules
| Rule Name |
|---|
| O. 23 r. 1 of the Rules of Court |
| O. 57 r. 20 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 388 of the Companies Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Pre-trial conference
- Security for costs
- Affidavits of evidence-in-chief
- Winding up petition
- Counterclaim
- Construction work
15.2 Keywords
- construction
- appeal
- registrar
- security for costs
- trial dates
16. Subjects
- Civil Procedure
- Construction Dispute
17. Areas of Law
- Civil Procedure
- Construction Law