Singapore Court of Appeal rejects the Cavendish test for Liquidated Damages

This article is produced by CMS Holborn Asia, a Formal Law Alliance between CMS Singapore and Holborn Law LLC.

A. Overview

In Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2020] SGCA 119, the Singapore Court of Appeal (“SGCA”) had the opportunity to consider the applicable law with regard to penalty and liquidated damages (“LD”) clauses.

Filed under:
Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Holborn Asia, Court of Appeal of Singapore
Authors:
Kelvin Aw , Lynette Chew
Location:
Singapore
Firm:
CMS Holborn Asia