← All Authorities
Singapore Leading Case contractpenalty doctrineliquidated damagesremedies

Denka Advantech Pte Ltd v Seraya Energy Pte Ltd

[2020] 2 SLR 776
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2020
StatusBinding authority

Summary

SGCA reaffirming the Dunlop test for penalties and expressly declining to follow Cavendish v Makdessi in Singapore.

Key Principle

Singapore retains the Dunlop v New Garage genuine pre-estimate of loss test for penalties; the UK Supreme Court's reformulation in Cavendish v Makdessi is not adopted in Singapore.

Area of Law

Contract — penalty doctrine

Related Cases

Alexandru v World Exchange Services Pte Ltd [2026] SGHC 31
Jason Aleksander v Deepak Mishra [2025] SGHC 218

Commercial or contractual dispute between named parties; ratio unverified from available information.

Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1

Singapore courts have jurisdiction to grant anti-suit injunctions to restrain foreign proceedings brought in breach of a Singapore-seated arbitration agreement, even before the tribunal is constituted.

Ask CommonBench about this case

Get a detailed analysis of Denka Advantech Pte Ltd v Seraya Energy Pte Ltd and how it applies to your situation.

Explain Denka Advantech Pte Ltd v Sera...