STAR ENGINEERING PTE LTD v POLLISUM ENGINEERING PTE LTD & Anor

Case Significance

Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd and another [2024] SGCA 30 was decided by the Court of Appeal on 19 August 2024, in Civil Appeal No 9 of 2024, with the judgment delivered by Sundaresh Menon CJ sitting with Steven Chong JCA, following a hearing on 10 June 2024. The appeal arose out of a dispute between the appellant, Star Engineering Pte Ltd, and the first respondent, Pollisum Engineering Pte Ltd, in HC/OA 1135/2023 and a related appeal HC/RA 4/2024, with Great Eastern General Insurance Ltd as the second respondent.

Pollisum Engineering had engaged Star Engineering as its contractor for the design, construction and maintenance of works for a construction project, and as required under the contract Star Engineering furnished an unconditional on-demand performance bond issued by Great Eastern. After disputes arose, Pollisum made a demand for payment under the bond, and Star Engineering commenced OA 1135 seeking, among other things, an order restraining Pollisum from receiving payment pursuant to that demand. The matter, falling under the catchword of arbitration and stay of court proceedings, engaged the Arbitration Act and the Civil Law Act. Star Engineering was represented by Drew & Napier LLC, with counsel including Wong Hin Pkin Wendell and Tay Eu-Yen, while the respondents were represented by Ramdas & Wong and Tito Isaac & Co LLP, with counsel including Isaac Tito Shane.