Kori Construction v Nam Hong Construction: Interpretation of 'Structural Steelwork' under Building Control Act
Kori Construction (S) Pte Ltd appealed against the District Court's decision regarding the interpretation of 'structural steelwork' under Section 2 of the Building Control Act. The High Court, with Hoo Sheau Peng JC presiding, allowed the appeal, holding that the three limbs of the definition should be read disjunctively. This decision impacted Nam Hong Construction & Engineering Pte Ltd's claim against Kori for payment of an invoice.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the interpretation of 'structural steelwork' under the Building Control Act. The court held that the definition should be read disjunctively.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kori Construction (S) Pte Ltd | Appellant | Corporation | Appeal Allowed | Won | |
| Nam Hong Construction & Engineering Pte Ltd | Respondent | Corporation | Appeal Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Hoo Sheau Peng | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Twang Kern Zern | Central Chambers Law Corporation |
| Andrew John Hanam | Andrew LLC |
4. Facts
- Kori was a sub-contractor for the MRT Downtown Line project.
- Nam Hong was Kori’s sub-contractor for fabrication, loading, and unloading of steel strutting works.
- Nam Hong issued 11 invoices to Kori for the works.
- Kori did not pay the 11th invoice, leading Nam Hong to sue in the District Court.
- Nam Hong did not hold a specialist builder’s license at the relevant time.
- Kori argued that Nam Hong was prevented by s 29B(4) of the BCA from pursuing its claim.
5. Formal Citations
- Kori Construction (S) Pte Ltd v Nam Hong Construction & Engineering Pte Ltd, District Court Appeal No 45 of 2014, [2015] SGHC 25
- Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd, , [2014] SGDC 271
- Unknown, Civil Appeal No 44 of 2015, [2016] SGCA 42
6. Timeline
| Date | Event |
|---|---|
| Letter of Award issued to Nam Hong | |
| Hearing held | |
| Appeal allowed | |
| Decision Date |
7. Legal Issues
- Interpretation of 'Structural Steelwork' under Building Control Act
- Outcome: The court held that the three limbs of the definition of 'structural steelwork' should be read disjunctively.
- Category: Substantive
- Applicability of Section 29B(4) of the Building Control Act
- Outcome: The court found that Section 29B(4) of the Building Control Act was applicable, barring Nam Hong from pursuing its claim.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Disputes
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Nam Hong Construction & Engineering Pte Ltd v Kori Construction (S) Pte Ltd | District Court | Yes | [2014] SGDC 271 | Singapore | The decision of the District Judge that was appealed against. |
| Lim Lye Hiang v Official Assignee | Court of Appeal | Yes | [2012] 1 SLR 228 | Singapore | Cited for the principle that the word 'and' may be used in a disjunctive sense. |
| Dorsey James Michael v World Sport Group Pte Ltd | Court of Appeal | Yes | [2013] 3 SLR 354 | Singapore | Cited for the principle that s 9A of the Interpretation Act mandates a purposive approach to be taken in statutory interpretation. |
| Public Prosecutor v Low Kok Heng | Court of Appeal | Yes | [2007] 4 SLR(R) 183 | Singapore | Cited for the principle that purposive interpretation in accordance with s 9A(1) of the Interpretation Act is the paramount principle of interpretation even with respect to penal statutes. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building Control Act (Cap 29, 1999 Rev Ed) s 2 | Singapore |
| Building Control Act (Cap 29, 1999 Rev Ed) s 29B(4) | Singapore |
| Building Control Act (Cap 29, 1999 Rev Ed) s 29A(1)(b) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) s 9A | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) s 78(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Structural steelwork
- Specialist building works
- Building Control Act
- Licensing regime
- Fabrication
- Erection work
- Geotechnical building works
- Purposive interpretation
15.2 Keywords
- Construction
- Building Control Act
- Structural Steelwork
- Licensing
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Construction Law | 75 |
| Contract Law | 60 |
| Licensing Regime | 40 |
| Administrative Law | 30 |
16. Subjects
- Construction Law
- Contract Law
- Statutory Interpretation