B2C2 LTD v QUOINE PTE. LTD. [2019] SGHC(I) 12 (12 September 2019)

B2C2 LTD v QUOINE PTE. LTD. [2019] SGHC(I) 12 (12 September 2019)

The SICC costs regime (O 110 r 46) applies post-transfer and Appendix G is not determinative; costs must be assessed by commercial reasonableness and complexity. Plaintiff is entitled to interim payment of US$4m, to be paid into court as security, given delay and risk of non-recovery, with protection for defendant. Limitation of liability issue is deferred. Assessment of damages is stayed pending appeal.

Citation
[2019] SGHC(I) 12
Parties
Plaintiff: B2C2 Ltd; Defendant: Quoine Pte Ltd
Jurisdiction
Singapore
Judgment Date
12 September 2019
Procedural Posture
Commercial Suit (sicc) / Post Liability Judgment; Costs, Interim Payment, and Procedural Orders
Outcome
Orders made for costs, interim payment, and stay of assessment; limitation of liability and election of remedies deferred.
Legal Topics
Costs Principles in SICC, Interim Payments, Limitation of Liability Clauses, Assessment of Damages, Stay of Proceedings
Civil Procedure Commercial Law Costs Principles in SICC Interim Payments Limitation of Liability Clauses Assessment of Damages Stay of Proceedings

Case Brief

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Parties

B2C2 Ltd

Plaintiff

Quoine Pte Ltd

Defendant

Procedural Posture

Commercial Suit (sicc) / Post Liability Judgment; Costs, Interim Payment, and Procedural Orders

Legal Issues

  1. 1 Appropriate regime and quantum for costs in SICC transfer cases
  2. 2 Applicability and effect of limitation of liability clause
  3. 3 Entitlement and quantum for interim payment of damages

Ratio Decidendi

The SICC costs regime (O 110 r 46) applies post-transfer and Appendix G is not determinative; costs must be assessed by commercial reasonableness and complexity. Plaintiff is entitled to interim payment of US$4m, to be paid into court as security, given delay and risk of non-recovery, with protection for defendant. Limitation of liability issue is deferred. Assessment of damages is stayed pending appeal.

Court Disposition

Orders made for costs, interim payment, and stay of assessment; limitation of liability and election of remedies deferred.

Orders

  • Defendant to pay plaintiff S$12,500 (pleadings pre-transfer), S$1,640.80 (pre-transfer disbursements), S$17,500 (pleadings post-transfer), S$15,000 (CMC), S$42,500 (discovery), S$120,000 (affidavits/reports), S$100,000 (trial preparation), S$180,000 (trial/closings), S$75,000 (interlocutory applications),...
  • Defendant to pay US$4,000,000 as interim payment of damages/compensation, to be paid into court by 30 September 2019;