Dongah Geological Engineering v Jungwoo E&C: Striking Out Appeal for Abuse of Process in SOPA Adjudication
In a dispute between Dongah Geological Engineering Co Ltd and Jungwoo E&C Pte Ltd, the Court of Appeal of Singapore addressed Dongah's application to strike out Jungwoo's cross-appeal (CA/CA 62/2021) regarding an adjudication determination under the Building and Construction Industry Security of Payment Act 2004. The court, delivered by Steven Chong JCA, found Jungwoo's filing of multiple identical cross-appeals in different courts to be an abuse of process. The court struck out Jungwoo's appeal and ordered Jungwoo's counsel to personally bear the costs of $12,000, due to their unreasonable and improper conduct in the proceedings.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Application granted; notice of appeal in CA/CA 62/2021 struck out; Jungwoo’s counsel to bear costs personally.
1.3 Case Type
Civil
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal to strike out Jungwoo's cross-appeal for abuse of process. The court found Jungwoo's counsel liable for costs due to improper conduct.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Dongah Geological Engineering Co Ltd | Applicant, Plaintiff | Corporation | Application granted | Won | |
| Jungwoo E&C Pte Ltd | Respondent, Defendant | Corporation | Appeal struck out | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Steven Chong | Justice of the Court of Appeal | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
4. Facts
- A dispute arose between Dongah and Jungwoo over progress payments under a subcontract.
- Jungwoo served a payment claim on Dongah under the Building and Construction Industry Security of Payment Act 2004.
- The adjudicator determined Dongah liable to pay Jungwoo $2,428,690.04.
- Dongah filed HC/OS 831/2021 to set aside the adjudication determination.
- The High Court dismissed Dongah’s application but ordered a partial stay.
- Jungwoo filed a cross-appeal before the Court of Appeal while Dongah's appeal was before the Appellate Division.
- Jungwoo filed a second cross-appeal to the Appellate Division to preserve its right to appeal.
5. Formal Citations
- Dongah Geological Engineering Co Ltd v Jungwoo E&C Pte Ltd, Civil Appeal No 62 of 2021, [2022] SGCA 7
6. Timeline
| Date | Event |
|---|---|
| Dispute arose between Dongah and Jungwoo over progress payments. | |
| Adjudicator determined Dongah liable to pay Jungwoo $2,428,690.04. | |
| Dongah filed HC/OS 831/2021 to set aside adjudication determination. | |
| High Court dismissed Dongah’s application but ordered a partial stay. | |
| Dongah filed AD/CA 112/2021 and AD/SUM 28/2021. | |
| Jungwoo filed a cross-appeal before the Court of Appeal. | |
| Case management conference held regarding Jungwoo’s cross-appeal. | |
| Court informed parties of possible transfer of CA/CA 62/2021 to Appellate Division. | |
| Jungwoo filed another cross-appeal to the Appellate Division. | |
| Case management conference held regarding Jungwoo’s second cross-appeal. | |
| Dongah filed application to strike out CA/CA 62/2021. | |
| Court of Appeal struck out Jungwoo's appeal and ordered Jungwoo’s counsel to bear costs personally. |
7. Legal Issues
- Abuse of Process
- Outcome: The court found that Jungwoo's filing of multiple identical cross-appeals constituted an abuse of process.
- Category: Procedural
- Sub-Issues:
- Filing of multiple identical appeals
- Unjustifiable subjection of counterparty to concurrent appeals
- Related Cases:
- [2005] 2 SLR(R) 188
- Personal Liability of Solicitor for Costs
- Outcome: The court ordered Jungwoo's counsel to personally bear the costs incurred due to their improper conduct.
- Category: Procedural
- Sub-Issues:
- Improper conduct of legal representative
- Unreasonable actions causing unnecessary costs
- Failure to conduct proceedings with reasonable competence
- Related Cases:
- [1994] Ch 205
- [2021] 1 SLR 1277
- Jurisdiction of Appellate Court
- Outcome: The court held that the appeal should have been made to the Appellate Division, not the Court of Appeal, as it did not concern administrative law.
- Category: Jurisdictional
- Sub-Issues:
- Proper forum for appeal
- Interpretation of Supreme Court of Judicature Act
- Distinction between administrative law cases and other cases
- Related Cases:
- [2021] SGCA 115
8. Remedies Sought
- Striking out of appeal
- Costs
9. Cause of Actions
- Abuse of Process
10. Practice Areas
- Construction Law
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Riduan bin Yusof v Khng Thian Huat and another | Court of Appeal | Yes | [2005] 2 SLR(R) 188 | Singapore | Cited for the inherent jurisdiction of the Court of Appeal to strike out a notice of appeal. |
| Lee Wee Lick Terence (alias Li Weili Terence) v Chua Say Eng (formerly trading as Weng Fatt Construction Engineering) and another appeal | Court of Appeal | No | [2013] 1 SLR 401 | Singapore | Cited regarding the adjudicator’s jurisdiction under s 14(1) of the SOPA. |
| Wei Fengpin v Raymond Low Tuck Loong and others | Court of Appeal | Yes | [2021] SGCA 115 | Singapore | Cited for the interpretation of the Sixth Schedule to the SCJA regarding the allocation of appeals. |
| Citiwall Safety Glass Pte Ltd v Mansource Interior Pte Ltd | Court of Appeal | No | [2015] 1 SLR 797 | Singapore | Cited to distinguish the court's supervisory jurisdiction in judicial review from its powers when reviewing adjudication determinations. |
| Chase Oyster Bar v Hamo Industries | New South Wales Supreme Court | No | [2010] NSWCA 190 | Australia | Cited by Jungwoo's counsel to argue that reviewing determinations of tribunals is an administrative law case. |
| Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd and another | High Court of Australia | No | [2018] HCA 4 | Australia | Cited by Jungwoo's counsel to argue that reviewing determinations of tribunals is an administrative law case. |
| Ridehalgh v Horsefield | English Court of Appeal | Yes | [1994] Ch 205 | England and Wales | Cited for the three-step test in determining whether costs should be ordered against a solicitor personally. |
| Munshi Rasal v Enlighten Furniture Decoration Co Pte Ltd | Court of Appeal | Yes | [2021] 1 SLR 1277 | Singapore | Cited for affirming the three-step test in Ridehalgh v Horsefield for ordering costs against a solicitor personally. |
13. Applicable Rules
| Rule Name |
|---|
| O 59 r 8(1) of the Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed) | Singapore |
| Supreme Court of Judicature Act 1969 (2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Adjudication determination
- Abuse of process
- Cross-appeal
- Security of Payment Act
- Personal liability for costs
- Appellate Division
- Case management conference
15.2 Keywords
- Striking out
- Appeal
- Abuse of process
- SOPA
- Adjudication
- Costs
- Personal liability
- Counsel
- Construction dispute
17. Areas of Law
16. Subjects
- Civil Procedure
- Construction Law
- Arbitration Law