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Alteram Partem Never Left Audi, at least for Threshold Matters

Tan Tian Luh & Tan Xian Ying

[2020] SAL Prac 2

Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] 1 SLR 317 was widely understood to have decided that any jurisdictional objection(s) that could have been raised in the payment response stage must be included in a payment response, failing which the objection(s) cannot be entertained by the adjudicator. The Singapore Court of Appeal has since clarified this understanding in Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] 2 SLR 189.