QILIN WORLD CAPITAL LIMITED v CPIT INVESTMENTS LIMITED

QILIN WORLD CAPITAL LIMITED v CPIT INVESTMENTS LIMITED

Having allowed Qilin's appeal and dismissed CPIT's appeal, the Court set aside the trial judge's costs orders in CPIT's favour and substituted costs orders awarding Qilin specified sums for the appeals and first instance proceedings, denied Qilin any recovery for SUM 171, limited recovery for certain claimed trial costs and disbursements, and ordered that several categories of disbursements (including foreign Hong Kong law fees and certain appeal disbursements) be taxed if not agreed.

Citation
[2018] SGCA(I) 04
Parties
Appellant (ca 126); Respondent (ca 145); Defendant (sicc): Qilin World Capital Ltd; Respondent (ca 126); Appellant (ca 145); Plaintiff (sicc): CPIT Investments Ltd
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
11 July 2018
Case Number
CA/CA 126/2017|CA/CA 145/2017
Procedural Posture
Civil Appeals From Singapore International Commercial Court (sicc) and Related First Instance Proceedings / Costs Determination Following Disposition of Merits on Appeal
Outcome
Qilin's appeal allowed; CPIT's appeal dismissed; costs awarded to Qilin as set out below
Legal Topics
Constructive Trust, Costs Orders, Disbursements, Interlocutory Applications, Offers to Settle, Repudiatory Breach, Alter Ego, Taxation of Costs, Foreign Legal Advice Fees
Source Language
English
Civil Procedure Costs Trusts Contract International Commercial Court Practice Constructive Trust Costs Orders Disbursements +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Qilin World Capital Ltd

Appellant (ca 126); Respondent (ca 145); Defendant (sicc)

CPIT Investments Ltd

Respondent (ca 126); Appellant (ca 145); Plaintiff (sicc)

Procedural Posture

Civil Appeals From Singapore International Commercial Court (sicc) and Related First Instance Proceedings / Costs Determination Following Disposition of Merits on Appeal

Legal Issues

  1. 1 Whether costs of first instance proceedings should follow the event after appeals allowed
  2. 2 Entitlement to recover costs for interlocutory application (SUM 171) where respondent did not attend
  3. 3 Whether an offer to settle justifies increased recoverable costs

Ratio Decidendi

Having allowed Qilin's appeal and dismissed CPIT's appeal, the Court set aside the trial judge's costs orders in CPIT's favour and substituted costs orders awarding Qilin specified sums for the appeals and first instance proceedings, denied Qilin any recovery for SUM 171, limited recovery for certain claimed trial costs and disbursements, and ordered that several categories of disbursements (including foreign Hong Kong law fees and certain appeal disbursements) be taxed if not agreed.

Court Disposition

Qilin's appeal allowed; CPIT's appeal dismissed; costs awarded to Qilin as set out below

Orders

  • CPIT to pay Qilin costs of S$170,000 for CA 126 and CA 145.
  • CPIT to pay Qilin costs of S$534,000 for the proceedings at first instance.