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The Building and Construction Industry Security of Payment Act (the SOPA) does not contain provisions that create a power to set aside an adjudication determination, let alone define the grounds on which that power ought to be exercised.

In our previous client alert, we discussed the holding by the Singapore High Court that applications to set aside adjudication determinations and/or judgments under section 27 of the SOPA are akin to judicial review proceedings - and that in such applications, the Court is exercising its supervisory jurisdiction.

In Rong Shun Engineering & Construction Pte Ltd v C.P. Ong Construction Pte Ltd [2017] SGHC 34, the Singapore High Court considered for the first time whether the Court, in the exercise of its supervisory jurisdiction, has the power to sever and set aside a part of an adjudication determination - as opposed to the entire adjudication determination.

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