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Make a presentation on the case: Chua Say Eng v Lee Wee Lick Terence @ Li Weili Terence [2010] SGHC 333) and explain the supervisory powers of the court, if any, over the statutory adjudication process in Singapore under the SOP Act.,[object Object],Tutorial Group 2 Sub-Group 5:,[object Object],CHEN XIAOQING		U097854A,[object Object],CHIN BO WEI, ANDREW		U097892N,[object Object],LIN XUANYU			U097858Y,[object Object],THIA CHIONG WEI		U097886N,[object Object],YOSUA NG YU GUO		U097852E,[object Object]
Definitions,[object Object],Adjudication,[object Object],[object Object]
Similar to arbitration
There is a set timeframe within which the adjudicator must make a decision
Parties are responsible for their own costs unless otherwise agreed.
Decisions made in adjudication are binding.
Aimed at being faster and more cost effective
Commonly used in the construction industry to ensure payment and resolve other types of disputes,[object Object],[object Object]
Case Summary,[object Object]
3 Main Issues,[object Object],Validity of Payment Claim under the SOPA,[object Object],Whether the Payment Claim was served in accordance with the SOPA,[object Object],Whether the Payment Claim, if it had been served in accordance with the SOPA, was nevertheless served out of time.,[object Object]
Supervisory power of court,[object Object],Main argument was not the validity of the claim as it was considered during adjudication,[object Object],[object Object]
may lead to conflict of authority as decision made in adjudication are binding ,[object Object],[object Object]
Contractors can be bankrupt if they lack the cash flowMost judges do not want to express their view on such issues unless adjudicators are unfair and unreasonable,[object Object]
Supervisory power of court over Adjudication,[object Object],Supervisory power of court,[object Object],Wednesbury unreasonableness,[object Object],[object Object]
the corporation failed to take account factors that ought to have been taken into account, or

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Tutorial4 presentation ver.3

Notes de l'éditeur

  1. Adjudication is similar to arbitration, although there is a set timeframe within which the adjudicator must make a decision and parties are responsible for their own costs unless otherwise agreed. Decisions made in adjudication are binding.Adjudication is aimed at being faster and more cost effective and is commonly used in the construction industry to ensure payment and resolve other types of disputes.
  2. Quoted from Amy Coney Barrett.
  3. Question that arises. Since, decision made in adjudication are binding, is the court able to change that decision?Even if so, is the court able to exercise their supervisory power over adjudication process since this process is not part of court hearing.
  4.       As the Contract is silent on when a payment response should be served, s 11(1)(b) of the SOPA mandates that the payment response be served within 7 days after the payment claim is served. As the Payment Claim was served on 2 June 2010, the due date for the relevant payment response was 9 June 2010. It is common ground that the Defendant did not serve a payment response on the Plaintiff by 9 June 2010 or at all.
  5. maintaining cash flow in the [construction] industry while disputes [are] settled via arbitration or court proceedings” by providing “a fast track procedure for an interim decision in respect of a disputed payment claim”. This policy would be frustrated if the court must invariably look into the parties’ arguments before the adjudicator
  6. Associated Provincial Picture Houses v Wednesbury Corporation [1947] 1 KB 223[1] is an English law case which set down the standard of unreasonableness of public body decisions which render them liable to be quashed on judicial review. This special sense is accordingly known as Wednesbury reasonableness.According to this case, court will only step in if the adjudicator’s decision fulfill these 3 requirements.
  7.  Relying on Sungdo, the Defendant contended that the Payment Claim was not a valid payment claim under the SOPA because the Plaintiff did not intend it to be a payment claim under the SOPA, and in any case, had not communicated such an intention to the Defendant.