SHANGHAI CHONG KEE FURNITURE & CONSTRUCTION PTE LTD v CHURCH OF ST TERESA
Catchwords
Practice Areas
Judges (1)
Counsel (7)
Case Significance
Shanghai Chong Kee Furniture & Construction Pte Ltd v Church of St Teresa [2024] SGHC 5 was a decision of the General Division of the High Court in Originating Application No 876 of 2023, with Wong Li Kok, Alex JC delivering the grounds of decision on 11 January 2024 after hearings on 7 and 17 November and 6 December 2023. The claimant, the contractor for restoration works at the defendant church, sought a declaration that the Church of St Teresa had acted unconscionably in calling on the whole of a performance bond issued by Lonpac Insurance Bhd in the amount of $629,998.70, and an injunction restraining the defendant from receiving payment under the bond.
In the alternative, the claimant sought an order that the amount the defendant was entitled to receive under the call be assessed and reduced to account for retention sums already held by the defendant in the sum of $233,116.67. The judgment records that an interim injunction had been granted by the court on 30 August 2023, and that Wong Li Kok, Alex JC dismissed the claimant's application. The catchwords address unconscionability, Erinford injunctions, performance bond injunctions in building and construction law, and reliefs under the COVID-19 (Temporary Measures) Act 2020. Shook Lin & Bok LLP acted for the claimant and Withers KhattarWong LLP for the defendant.
[2024] SGHC 5 explained
SHANGHAI CHONG KEE FURNITURE & CONSTRUCTION PTE LTD v CHURCH OF ST TERESA ([2024] SGHC 5) is a Singapore judgment decided by the High Court (General Division) on 11 January 2024. It is categorised under Injunctions and Building and Construction Law. Within this corpus it has since been cited by 2 other reported Singapore judgments, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.
What is [2024] SGHC 5 about?
SHANGHAI CHONG KEE FURNITURE & CONSTRUCTION PTE LTD v CHURCH OF ST TERESA ([2024] SGHC 5) is a High Court (General Division) decision from 2024. Its published catchwords are “Injunctions — Unconscionability”, “Injunctions – Erinford injunctions”, “Building and Construction Law — Performance bond — Injunction”, and “Building and Construction Law — Statutes and regulations — Covid-19 — Reliefs under the COVID-19 (Temporary Measures) Act 2020”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
Which legislation does [2024] SGHC 5 consider?
The judgment refers to COVID-19 (Temporary Measures) Act, Insolvency, Restructuring and Dissolution Act, and Restructuring and Dissolution Act. The statutes cited are listed in full on this page, each linking to its primary text.
How influential is [2024] SGHC 5?
Within this corpus, [2024] SGHC 5 has been cited by 2 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
Shanghai Chong Kee Furniture & Construction Pte Ltd, the contractor for restoration works at the Church of St Teresa, applied to the General Division of the High Court for a declaration that the Church had acted unconscionably in calling on a performance bond of $629,998.70 and for an injunction to restrain payment under the bond, or alternatively for the amount to be reduced to account for retention sums held. The case raised issues of unconscionability, an Erinford injunction pending appeal, and reliefs under the COVID-19 (Temporary Measures) Act 2020. Wong Li Kok, Alex JC dismissed the application, and also dismissed the application for an Erinford injunction pending appeal, ordering costs of $1,500 to the Church.
What was the outcome in Shanghai Chong Kee Furniture & Construction Pte Ltd v Church of St Teresa?
In [2024] SGHC 5, Wong Li Kok, Alex JC dismissed the contractor's application for a declaration of unconscionability and an injunction restraining the Church of St Teresa from receiving payment under a performance bond of $629,998.70 issued by Lonpac Insurance Bhd.
What was the performance bond dispute in [2024] SGHC 5 about?
The contractor argued the Church of St Teresa acted unconscionably in calling the whole $629,998.70 performance bond for restoration works, alternatively seeking the call reduced to account for retention sums of $233,116.67. An interim injunction granted on 30 August 2023 was not continued.
Statutes Cited
Cases Cited (11)
Referenced in
Statutes interpreted in this judgment
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 5)