Cheng Poh Building Construction v First City Builders: Stay of Execution on Judgment Sum
In Cheng Poh Building Construction Pte Ltd v First City Builders Pte Ltd, the High Court of Singapore heard an appeal by Cheng Poh Building Construction Pte Ltd against the decision to stay the execution of a judgment sum of $580,782. The court, presided over by Justice Lai Kew Chai, dismissed the appeal, upholding the stay of execution based on the defendant's asserted set-offs and counterclaims, and the potential disruption to the defendant's business if the stay were not granted. The case involved claims and counterclaims arising from multiple construction projects.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; stay of execution on the judgment sum of $580,782 upheld.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a stay of execution on a judgment sum. The court considered counterclaims and potential disruption to the defendant's business.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheng Poh Building Construction Pte Ltd | Plaintiff, Appellant | Corporation | Appeal Dismissed | Lost | |
| First City Builders Pte Ltd | Defendant, Respondent | Corporation | Stay of Execution Upheld | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Kew Chai | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Intekhab Khan | J Koh & Co |
| Tang Gee Ni | Chia & Tang |
4. Facts
- Cheng Poh Building Construction sued First City Builders for $1,147,740.62.
- First City Builders claimed set-offs and counterclaims against Cheng Poh Building Construction.
- First City Builders engaged by Comfort Resources Pte Ltd for a project at 51 Shipyard Road.
- Cheng Poh Building Construction engaged by First City Builders as sub-contractors for the Shipyard Road project.
- First City Builders carried out work for Cheng Poh Building Construction in other projects.
- The Senior Assistant Registrar ordered final judgment for $580,782 with costs fixed at $4,000.
- The Senior Assistant Registrar granted unconditional leave to defend the balance of the claims, in the amount of $566,958.62.
5. Formal Citations
- Cheng Poh Building Construction Pte Ltd v First City Builders Pte Ltd, Suit 438/2002/J, RA 175/2002, [2002] SGHC 272
6. Timeline
| Date | Event |
|---|---|
| Comfort Resources Pte Ltd engaged First City Builders Pte Ltd as main contractors. | |
| Cheng Poh Building Construction Pte Ltd engaged as sub-contractors by First City Builders Pte Ltd. | |
| Senior Assistant Registrar ordered final judgment in favour of Cheng Poh Building Construction Pte Ltd. | |
| Decision made to stay the judgment sum of $580,782. | |
| Appeal dismissed; stay of execution upheld. |
7. Legal Issues
- Stay of Execution
- Outcome: The court upheld the stay of execution on the judgment sum.
- Category: Procedural
- Related Cases:
- (1889) 6 T.L.R. 13
- Set-off and Counterclaim
- Outcome: The court considered the defendant's set-offs and counterclaims in deciding whether to grant a stay of execution.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sheppards & Co v Wilkinson & Jarvis | Court of Appeal | Yes | (1889) 6 T.L.R. 13 | England and Wales | Cited for the principle that a plausible counterclaim should not be excluded in summary judgment proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 14 Rule 3(2) of the Rules of Court, 1997 Ed. | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Stay of Execution
- Judgment Sum
- Set-off
- Counterclaim
- Architect's Certificate
- Sub-contractors
- Main Contractors
15.2 Keywords
- Stay of Execution
- Construction
- Singapore
- Judgment
- Counterclaim
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contract Law | 80 |
| Building and Construction Contracts | 75 |
| Construction Litigation | 65 |
| Civil Procedure | 60 |
| Stay of Execution | 50 |
| Summary Judgement | 40 |
16. Subjects
- Civil Procedure
- Construction Dispute