P & P Engineering v Kori Construction: Application for Interim Payment
P & P Engineering & Construction Pte Ltd (“the Plaintiff”) brought a claim against Kori Construction (S) Pte Ltd (“the Defendant”), for steel fabrication work done under a fabrication contract. The Plaintiff applied for interim payment of $79,019.50. The application was dismissed by the High Court.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for interim payment dismissed. The High Court found the defendant liable for work done, but quantification was to be done by a surveyor.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| P & P Engineering & Construction Pte Ltd | Plaintiff, Applicant | Corporation | Application Dismissed | Lost | |
| Kori Construction (S) Pte Ltd | Defendant, Respondent | Corporation | Application Dismissed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew John Hanam | Andrew LLC |
| Twang Kern Zern | Central Chambers Law Corporation |
4. Facts
- Plaintiff claimed $893,273.36 for steel fabrication work.
- The Judge found that the Plaintiff had undertaken steel fabrication work for the Defendant under the Contract.
- Defendant verified and certified the amount at $79,019.50.
- Parties agreed to have the sum determined by a jointly appointed quantity surveyor.
- Plaintiff sought payment of $79,019.50 from the Defendant.
- Plaintiff filed an application for interim payment of $79,019.50 and interest.
5. Formal Citations
- P & P Engineering & Construction Pte Ltd v Kori Construction (S) Pte Ltd, HC/S 1255 of 2016, [2019] SGHCR 10
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 1255 of 2016) | |
| Trial judgment issued (P & P Engineering & Construction Pte Ltd v Kori Construction (S) Pte Ltd [2018] SGHC 277) | |
| Defendant provided verification and certification, quantified at $79,019.50 | |
| Court ordered parties to jointly appoint a Quantity Surveyor | |
| Plaintiff sought payment from the Defendant “on the admitted sum … of $79,019.50” | |
| Plaintiff filed application for interim payment of $79,019.50 and interest | |
| Oral arguments heard | |
| Further written submissions received | |
| Judgment reserved |
7. Legal Issues
- Interim Payment
- Outcome: The court held that there was no basis to exercise the power to order interim payment.
- Category: Procedural
8. Remedies Sought
- Interim Payment
- Interest
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 |
|---|---|---|---|---|---|
| P & P Engineering & Construction Pte Ltd v Kori Construction (S) Pte Ltd | High Court | Yes | [2018] SGHC 277 | Singapore | Cited for the finding that the Plaintiff had undertaken steel fabrication work for the Defendant under the Contract. |
| American International Assurance Co Ltd v Wong Cherng Yaw and others | N/A | Yes | [2009] 3 SLR(R) 1117 | Singapore | Cited for the principle that the Court should order interim payment of the irreducible sum that can be paid. |
| Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd | N/A | Yes | [2010] 2 SLR 986 | Singapore | Cited for the principle that it is generally appropriate and just to make an interim order where there will be some delay until the final disposal of the case. |
| Shearson Lehman Brothers Inc and another v Maclaine, Watson & Co Ltd and others | English Court of Appeal | Yes | [1987] WLR 480 | England and Wales | Cited for the principle that the Court should be slow to adopt a construction which would defeat the evident purpose of O 29 rr 11 and 12 of the Rules of Court. |
| HRA Corp (SG) Pte Ltd v Cheng Mun Yip Marcus and others | Singapore High Court | Yes | [2018] SGHCR 7 | Singapore | Cited regarding the need to identify the specific provision upon which an application is based. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, Rev Ed 2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act | Singapore |
| Civil Law Act (Cap. 43) | Singapore |
| High Court (Admiralty Jurisdiction) Act (Cap 123, 2001 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Interim Payment
- Quantity Surveyor
- Steel Fabrication
- Verification
- Certification
15.2 Keywords
- Interim Payment
- Construction
- Quantity Surveyor
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Interim payments | 80 |
| Civil Procedure | 75 |
| Contract Law | 50 |
16. Subjects
- Civil Procedure
- Construction Law
- Contract Law