Henan Province Construction v Evanbuild: Contribution Claim under Civil Law Act
Henan Province Construction Group Corp Ltd (Singapore Branch) and another sued Evanbuild Engineering Pte Ltd in the High Court of Singapore, seeking indemnity or contribution under the Civil Law Act for damages Henan Province Construction Group Corp Ltd (Singapore Branch) paid to an injured worker, Chai Cheng Lei. Choo Han Teck J. dismissed the plaintiffs' appeal against the dismissal of their application to amend the Statement of Claim.
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
Henan Province Construction sued Evanbuild for contribution after a worker injury claim. The court dismissed Henan's appeal to amend their claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Henan Province Construction Group Corp Ltd (Singapore Branch) (formerly trading as Henan Province Construction Corp (Singapore Branch)) | Plaintiff | Corporation | Appeal dismissed | Lost | Raj Singh Shergill |
| Evanbuild Engineering Pte Ltd | Defendant | Corporation | Application dismissed | Won | Tan Lam Siong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Raj Singh Shergill | Lee Shergill LLP |
| Tan Lam Siong | Temple Counsel LLP |
4. Facts
- The first plaintiff is the branch office of a foreign company in Singapore.
- The second plaintiff is a Singapore company.
- The two plaintiffs are carrying on the business of labour supply.
- The defendant is a Singapore company carrying on the business of building construction.
- The defendant contracted with the second plaintiff for the supply of labour for a building project in 2006.
- The second plaintiff contracted with the first plaintiff and obtained two workers who were then contracted to the defendant.
- One of the two workers, Chai Cheng Lei, was injured while working for the defendant.
- Chai sued the first plaintiff for damages and obtained judgment.
- The first plaintiff now sues the defendant for an indemnity or a contribution of the damages paid to Chai.
5. Formal Citations
- Henan Province Construction Group Corp Ltd (Singapore Branch) (formerly trading as Henan Province Construction Corp (Singapore Branch)) and another v Evanbuild Engineering Pte Ltd, District Court Suit No 3636 of 2011, [2012] SGHC 231
6. Timeline
| Date | Event |
|---|---|
| Defendant had a building project at Pandan Road and contracted with the second plaintiff for the supply of labour. | |
| Chai Cheng Lei sued the first plaintiff in DC Suit 4211 of 2007 for damages. | |
| District Judge Kathryn-Low gave judgment to Chai against the first plaintiff for 100%. | |
| Final judgment was entered against the first plaintiff in the sum of $101,859.85 plus interest at $2,559.70 and costs fixed at $27,820. | |
| The first plaintiff’s appeal against the damages awarded was dismissed. | |
| The first plaintiff, jointly with the second plaintiff, sued the defendant in this action (DC Suit 3636 of 2011) for an indemnity or a contribution. | |
| The court dismissed the plaintiffs’ application to amend the Statement of Claim in DC Suit 3636 of 2011. |
7. Legal Issues
- Amendment of Statement of Claim
- Outcome: The court dismissed the plaintiffs' application to amend the Statement of Claim.
- Category: Procedural
- Contribution under Civil Law Act
- Outcome: The court did not rule on the merits of the contribution claim, as the application to amend the Statement of Claim was dismissed.
- Category: Substantive
8. Remedies Sought
- Indemnity
- Contribution
9. Cause of Actions
- Contribution
- Indemnity
10. Practice Areas
- Commercial Litigation
- Construction Law
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Civil Law Act, Cap 43, 1999 Rev Ed | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Indemnity
- Contribution
- Labour supply
- Amendment of Statement of Claim
15.2 Keywords
- Contribution
- Indemnity
- Civil Law Act
- Construction
- Labour Supply
16. Subjects
- Civil Litigation
- Construction Dispute
17. Areas of Law
- Civil Procedure
- Construction Law
- Contract Law