BXS v BXT [2019] SGHC(I) 14 (11 September 2019)

BXS v BXT [2019] SGHC(I) 14 (11 September 2019)

The Defendant, as the prevailing party in all three applications, is entitled to costs. The quantum of costs should be assessed by reference to the higher end of the ranges in Appendix G, given the Plaintiff's conduct and the work required, but not to the extent claimed by the Defendant. The Defendant's claim of S$70,000 is excessive; S$40,000 (inclusive of disbursements) is reasonable. Simple interest at 5.33% per annum applies from the date of judgment until payment.

Citation
[2019] SGHC(I) 14
Parties
Plaintiff: BXS; Defendant: BXT
Jurisdiction
Singapore
Judgment Date
11 September 2019
Procedural Posture
Originating Summons (singapore International Commercial Court) / Costs Determination After Judgment
Outcome
Plaintiff to pay Defendant's costs of S$40,000 with interest at 5.33% per annum from date of judgment until payment.
Legal Topics
Costs, Party and Party Costs, Appendix G Supreme Court Practice Directions, SICC Costs Regime
Civil Procedure Costs Party and Party Costs Appendix G Supreme Court Practice Directions SICC Costs Regime

Case Brief

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Parties

BXS

Plaintiff

BXT

Defendant

Procedural Posture

Originating Summons (singapore International Commercial Court) / Costs Determination After Judgment

Legal Issues

  1. 1 Who should bear the costs of the three applications (OS 1, SUM 1035, SUM 5770)?
  2. 2 What should the quantum of those costs be?
  3. 3 What interest should run on such costs?

Ratio Decidendi

The Defendant, as the prevailing party in all three applications, is entitled to costs. The quantum of costs should be assessed by reference to the higher end of the ranges in Appendix G, given the Plaintiff's conduct and the work required, but not to the extent claimed by the Defendant. The Defendant's claim of S$70,000 is excessive; S$40,000 (inclusive of disbursements) is reasonable. Simple interest at 5.33% per annum applies from the date of judgment until payment.

Court Disposition

Plaintiff to pay Defendant's costs of S$40,000 with interest at 5.33% per annum from date of judgment until payment.

Orders

  • Plaintiff to pay Defendant S$40,000 as costs for OS 1, SUM 1035, and SUM 5770.
  • Simple interest at 5.33% per annum to run on S$40,000 from date of judgment until payment.