Compaq Computer Asia Pte Ltd v Computer Interface (S) Pte Ltd (No 2)

Compaq Computer Asia Pte Ltd v Computer Interface (S) Pte Ltd (No 2)

The appellant was entitled to indemnity costs from 4 September 2002 (the date of the unwithdrawn, serious and genuine offer to settle) because the offer met the requirements of O 22A r 9 and remained open at the time of judgment, consistent with this Court's guidance in Man B&W.

Citation
[2004] SGCA 28
Parties
Appellant: Compaq Computer Asia Pte Ltd; Respondent: Computer Interface (S) Pte Ltd
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
28 June 2004
Case Number
CA 130/2003
Procedural Posture
Civil Appeal / Post Judgment Costs Application
Outcome
Earlier appeal result (allowing appellant and dismissing respondent's claim) affirmed and earlier costs order modified to grant indemnity costs to appellant from date of offer to settle.
Legal Topics
Offer to Settle, Indemnity Costs, Rules of Court O 22 a R 9, Validity and Withdrawal of Offers
Source Language
English
Civil Procedure Costs Contract Offer to Settle Indemnity Costs Rules of Court O 22 a R 9 Validity and Withdrawal of Offers

Case Brief

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Parties

Compaq Computer Asia Pte Ltd

Appellant

Computer Interface (S) Pte Ltd

Respondent

Procedural Posture

Civil Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 Whether appellant entitled to indemnity costs from date of offer to settle under O 22A r 9
  2. 2 Whether the offer to settle was valid, genuine and not withdrawn
  3. 3 Application and effect of precedential authority (Man B&W) on O 22A r 9

Ratio Decidendi

The appellant was entitled to indemnity costs from 4 September 2002 (the date of the unwithdrawn, serious and genuine offer to settle) because the offer met the requirements of O 22A r 9 and remained open at the time of judgment, consistent with this Court's guidance in Man B&W.

Court Disposition

Earlier appeal result (allowing appellant and dismissing respondent's claim) affirmed and earlier costs order modified to grant indemnity costs to appellant from date of offer to settle.

Orders

  • Modify earlier costs order and grant indemnity costs to appellant from 4 September 2002 (date of offer to settle)
  • Costs of the appeal and the trial awarded to the appellant (as previously ordered)