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Justin Tan

Senior Associate

Justin is particularly familiar with the Building and Construction Industry Security of Payment Act (the ‘SOP Act’) and has a growing practice in construction law. He has represented clients in adjudications on behalf of the Appellant. 

Most recently, Justin successfully argued the landmark case of Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] SGCA 4 before the Court of Appeal. In that appeal, issues considered were regarding the interpretation of payment clauses vis-a-vis the SOP Act, and the instances in which one would be considered to waive an objection, all of which would be of great interest to those applying for adjudication.

Justin has acted for several contractors in adjudications under the SOP Act. In doing so, he was successful in recovering substantial proportions of his clients' claims, which have cumulatively exceeded sums of seven figures. Justin has also acted for clients in responding to adjudication applications on a number of occasions. He has also given talks on adjudication regarding the SOP Act over the last 3 years.

In 2017, Justin defended his client against a sub-contractor’s lawsuit over allegations of unpaid claims in G-Art Design & Build Pte Ltd v Hong Xu International Construction Pte Ltd [2017] SGDC 37. He successfully resisted the lawsuit and proved that his client had suffered from large losses due to the sub-contractor’s premature termination. Despite the sub-contractor appealing the decision to the High Court, Justin successfully defended the trial judge’s judgment and the sub-contractor’s appeal in the High Court was dismissed.

He has also successfully appeared before the High Court and Court of Appeal for criminal matters. In Chong Han Rui v PP [2016] SGHC 25, Justin appealed to the High Court on behalf of his client, as the co-accused had received a lighter sentence despite sharing equal culpability. Sundaresh Menon CJ allowed the appeal and applied the parity principle – where offenders were similarly culpable, they should receive similar sentences. In addition, Sundaresh Menon CJ highlighted that the parity principle rested on the need to ‘preserve and protect public confidence’ in the administration of justice.

Chong Han Rui v PP [2016] SGHC 25 has now been cited several times in Chua Siew Peng v PP and Anor [2017] SGHC 128; PP v K Saravanan Kuppusamy [2016] SGDC 87; PP v Mohamed Noh Bin Md Sultan [2016] SGDC 78; PP v Koh Ah Chwee [2016] SGDC 77; PP v Chong Mun Moi [2016] SGDC 268; PP v Charlie Chau Kok Leong [2016] SGDC 157.

Justin also appeared before the Court of Appeal in Micheal Anak Garing v PP and Anor [2017] 1 SLR 748; [2017] SGCA 7 to resist the Prosecution’s appeal seeking the death penalty against his client. He was successful in resisting the Prosecution’s appeal and successfully defended the trial judge’s decision to impose the sentence of life imprisonment with 24 strokes of the cane.

Justin graduated from Queen Mary and Westfield College, University of London in 2011 with a Second Class Honours (Upper), and was called to the Singapore Bar in 2013.

After Office Hours, Please Call (65) 8700 9933.