[2012] SGHC 194

“appeal has expired. That has generally not been the way our courts have approached s 27(5). In this regard, the plaintiffs directed me to the decision of W Y Steel Construction Pte Ltd v Osko Pte Ltd [2012] SGHC 194 at [13], in which the court ordered payment out of the sum paid into court unless the plaintiff appealed”

“A similar sentiment was expressed by Lee Seiu Kin J in W Y Steel Construction Pte Ltd v Osko Pte Ltd [2012] SGHC 194 at [7], where Lee J concluded that the adjudication determination in that case was valid “except for the possible exception of a clear case of fraud”. Again, this finding was not referenced on appeal”

“n has been obtained by fraud: OGSP ([33] supra) at [37]; see also Mansource Interior Pte Ltd v Citiwall Safety Glass Pte Ltd [2014] 3 SLR 264 at [31] and W Y Steel Construction Pte Ltd v Osko Pte Ltd [2012] SGHC 194 at [7]. However, the Court of Appeal has thus far neither affirmed nor rejected fraud as a valid setting”