Setting Aside Of Adjudication Determination For Fraud

In the short ex tempore decision of Builders Hub Pte Ltd v JP Nelson Equipment Pte Ltd [2024] SGHC(A) 28 (the "Judgment"), the Appellate Division of the High Court clarified whether an adjudication determination can be set aside for fraud if the fraud did not affect the adjudication determination.

The earlier decision. In JP Nelson Equipment Pte Ltd v Builders Hub Pte Ltd [2023] SGHC 186, the High Court held that, among others, even though the facts of the fraud were not relied upon by the adjudicators in arriving at their respective adjudication determination, the adjudication review amount should be reduced by $155,160.00.

This was on the premise that "fraud unravels all", and as the adjudication claimant was "still holding onto the fruits of its fraud", the court therefore had the power to interfere with it.