SYNOPSIS
In the recent landmark decision of Samsung C&T v Soon Li Heng Civil Engineering, the Court of Appeal held for the first time that a call on a performance bond by a main contractor, ostensibly to reverse the effect of an adjudication determination, was contrary to the intention and purpose of the Building and Construction Security of Payment Act and hence unconscionable. An injunction was accordingly issued to restrain the main contractor from calling on the bond, and the bank from paying the bond sum, until the substantive dispute between the parties is finally determined in Court or arbitration proceedings.
In this seminar, our presenters explore the reasoning and practical implications of Samsung C&T v Soon Li Heng Civil Engineering. The seminar will focus on understanding the legal principles established in the case and its possible implications on the wider SOPA ecosystem, as well as the practical steps available to owners and contractors to protect their interests.
ABOUT THE SPEAKERS
Kishan Pillay
Kishan is a Partner at TSMP Law Corporation, specialising in building and construction disputes. He counts among his clients developers, local and foreign contractors, and professional consultants, and has successfully represented his clients at all levels of the Singapore Courts, as well as in domestic and international arbitrations. Kishan has particular experience in matters relating to the SOP Act, having acted in numerous adjudication and adjudication review applications, and related applications to the High Court.
Nicholas Poon
Nicholas is a director of Breakpoint LLC, a specialist dispute resolution law firm. Nicholas commenced private practice as a disputes lawyer with Drew & Napier before setting up Breakpoint. Nicholas has also served in the Supreme Court as a Justices’ Law Clerk to the Chief Justice and Judges of the Supreme Court and an Assistant Registrar. Nicholas has appeared for the winning side in two important construction adjudication cases in the Court of Appeal, including Samsung C&T v Soon Li Heng Civil Engineering, the topic for the seminar. Breakpoint’s clients include international banks, multinational corporations, SOEs, SMEs, start-ups, HNWIs and underprivileged individuals.
FEES
a. Registration Fee
Seminar fee of S$75* (inclusive of GST) applies.
b. Group Registration
Seminar fee of S$70* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni (for LLB / JD / LLM graduates)
Seminar fee of S$70* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 22 October 2020.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
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