BEYONICS ASIA PACIFIC LIMITED & 4 Ors v GOH CHAN PENG & Anor [2020] SGHC(I) 20 (30 September 2020)

BEYONICS ASIA PACIFIC LIMITED & 4 Ors v GOH CHAN PENG & Anor [2020] SGHC(I) 20 (30 September 2020)

Where a substantive appeal is pending and the appellant seeks to challenge the costs order only if the substantive appeal succeeds, no separate notice of appeal or leave is required; however, leave is granted out of caution to protect the appellant should the Court of Appeal take a contrary view.

Citation
[2020] SGHC(I) 20
Parties
Plaintiffs: Beyonics Asia Pacific Ltd and others; Defendants: Goh Chan Peng and another
Jurisdiction
Singapore
Judgment Date
30 September 2020
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Extension of Time
Outcome
Leave to appeal against the costs order granted out of time; no order as to costs for the application.
Legal Topics
Appeals, Leave to Appeal, Costs
Civil Procedure Appeals Leave to Appeal Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Beyonics Asia Pacific Ltd and others

Plaintiffs

Goh Chan Peng and another

Defendants

Procedural Posture

Civil Appeal / Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 Whether leave to appeal is required to challenge a costs order issued after substantive judgment when a substantive appeal is pending
  2. 2 Whether a separate notice of appeal is necessary for costs orders in such circumstances
  3. 3 Whether extension of time should be granted for late application for leave

Ratio Decidendi

Where a substantive appeal is pending and the appellant seeks to challenge the costs order only if the substantive appeal succeeds, no separate notice of appeal or leave is required; however, leave is granted out of caution to protect the appellant should the Court of Appeal take a contrary view.

Court Disposition

Leave to appeal against the costs order granted out of time; no order as to costs for the application.

Orders

  • Leave to appeal against the judgment on costs granted out of time.
  • Each party to bear its own costs of the application.