Ng Tze Chew Diana v Aikco Construction: Setting Aside Arbitral Award for Breach of Natural Justice
Ng Tze Chew Diana applied to the High Court of Singapore to set aside an arbitral award against Aikco Construction Pte Ltd, alleging breaches of natural justice. Ang Cheng Hock J dismissed the application, finding no failure to decide issues, no disregard of submissions, and no apparent bias on the part of the arbitrator. The claims included damages for breach of contract, discrepancies, defects, loss of rental, and loss of property value, while the counterclaim was for outstanding payment and additional labor costs.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Applications dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application to set aside an arbitral award for breach of natural justice. The court dismissed the application, finding no breaches or prejudice.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ng Tze Chew Diana | Applicant, Defendant | Individual | Applications dismissed | Lost | Koh Choon Guan Daniel, Lim Khoon, Ang Minghao |
| Aikco Construction Pte Ltd | Respondent, Plaintiff | Corporation | Applications dismissed | Won | Por Hock Sing Michael, Li Jiaxin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Ang Cheng Hock | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Koh Choon Guan Daniel | Eldan Law LLP |
| Lim Khoon | Eldan Law LLP |
| Ang Minghao | Eldan Law LLP |
| Por Hock Sing Michael | Michael Por Law Corporation |
| Li Jiaxin | Michael Por Law Corporation |
4. Facts
- Applicant sought to set aside an arbitral award.
- The applicant alleged breaches of natural justice by the arbitrator.
- The arbitrator found the delay certificates to be invalid.
- The applicant claimed damages for discrepancies, defects, loss of rental, and loss of property value.
- The respondent counterclaimed for outstanding payment and additional labor costs.
- The arbitrator allowed the respondent's counterclaim in part.
- The applicant alleged apparent bias on the part of the arbitrator.
5. Formal Citations
- Ng Tze Chew Diana v Aikco Construction Pte Ltd, Originating Summons No 1010 of 2018, [2019] SGHC 258
- Aikco Construction Pte Ltd v Ng Tze Chew Diana, Originating Summons No 1108 of 2018, [2019] SGHC 258
6. Timeline
| Date | Event |
|---|---|
| Contract signed | |
| Works commenced | |
| Contract completion date | |
| First delay certificate issued | |
| Works completed | |
| Temporary occupation permit issued | |
| Completion certificate issued | |
| Property handed over | |
| Arbitration proceedings commenced | |
| Second delay certificate issued | |
| Arbitration hearing took place | |
| Arbitration hearing took place | |
| Arbitrator notified parties that his award was ready for collection | |
| Application for leave to appeal against the award filed | |
| Originating Summons filed to set aside arbitral award | |
| Originating Summons filed for leave to enforce arbitral award | |
| Ex parte application granted by the court | |
| Summons filed seeking to set aside the order of court granting leave to enforce the award | |
| Hearing | |
| Hearing | |
| Hearing | |
| Judgment reserved |
7. Legal Issues
- Breach of Natural Justice
- Outcome: The court found no breach of natural justice.
- Category: Procedural
- Sub-Issues:
- Failure to consider essential issues
- Disregard of written submissions
- Apparent bias
- Validity of Delay Certificates
- Outcome: The arbitrator found the delay certificates to be invalid.
- Category: Substantive
- Entitlement to General Damages for Delay
- Outcome: The court found that the applicant did not claim for general damages for delay in the arbitration.
- Category: Substantive
- Admissibility of Hearsay Evidence
- Outcome: The arbitrator rejected a text message as hearsay evidence.
- Category: Procedural
- Expert Evidence
- Outcome: The arbitrator assessed the quality and reliability of expert evidence.
- Category: Procedural
8. Remedies Sought
- Setting aside of arbitral award
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Commercial Litigation
- Construction Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TMM Division Maritima SA de CV v Pacific Richfield Marine Pte Ltd | High Court | Yes | [2013] 4 SLR 972 | Singapore | Cited for the principle that an arbitral tribunal is not required to deal with every argument raised by parties, but only the essential issues. |
| Soh Beng Tee & Co Pte Ltd v Fairmount Development Pte Ltd | Court of Appeal | Yes | [2007] 3 SLR(R) 86 | Singapore | Cited for the principles of natural justice in arbitration, including the right to be heard and the need for an unbiased arbitrator. |
| Gas & Fuel Corporation of Victoria v Wood Hall Ltd & Leonard Pipeline Contractors Ltd | Supreme Court of Victoria | Yes | [1978] VR 385 | Australia | Cited with approval in Soh Beng Tee for the two pillars of natural justice. |
| Re Shankar Alan s/o Anant Kulkarni | High Court | Yes | [2007] 1 SLR(R) 85 | Singapore | Cited for the 'reasonable suspicion test' for establishing apparent bias. |
| Kempinski Hotels SA v PT Prima International Development | High Court | Yes | [2011] 4 SLR 633 | Singapore | Cited for the principle that arbitrators must be impartial and act judicially. |
| Turner (East Asia) Pte Ltd v Builders Federal (Hong Kong) Ltd | Court of Appeal | Yes | [1988] 1 SLR(R) 483 | Singapore | Cited in Kempinski Hotels for the principle that arbitrators must be impartial and act judicially. |
| John Holland Pty Ltd (formerly known as John Holland Construction & Engineering Pty Ltd) v Toyo Engineering Corp (Japan) | High Court | Yes | [2001] 1 SLR(R) 443 | Singapore | Cited for the requirement of showing actual or real prejudice to set aside an arbitral award. |
| Bintai Kindenko Pte Ltd v Samsung C&T Corp | Court of Appeal | Yes | [2018] 2 SLR 532 | Singapore | Cited for the conditions under which an adjudicator is found to have acted in breach of natural justice for failing to consider an issue. |
| Sakthivel Punithavathi v Public Prosecutor | High Court | Yes | [2007] 2 SLR(R) 983 | Singapore | Cited for the principle that evidence must be sifted, weighed, and evaluated. |
| SEF Construction Pte Ltd v Skoy Connected Pte Ltd | High Court | Yes | [2010] 1 SLR 733 | Singapore | Cited for the principle that natural justice requires parties to be heard, but not necessarily given responses on all submissions made. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Arbitral award
- Breach of natural justice
- Delay certificate
- Liquidated damages
- General damages
- Apparent bias
- Expert evidence
- Defective works
- Loss of rental
- Loss of property value
15.2 Keywords
- Arbitration
- Natural Justice
- Construction
- Singapore
- Legal Judgment
16. Subjects
- Arbitration
- Construction Dispute
- Civil Litigation
17. Areas of Law
- Arbitration Law
- Construction Law
- Civil Procedure
- Breach of Natural Justice