DBX & Anor v DBZ [2024] SGHC(I) 5 (8 February 2024)

DBX & Anor v DBZ [2024] SGHC(I) 5 (8 February 2024)

Pre-transfer costs are fixed at $22,000, reflecting a moderate uplift from the upper end of the adjusted Costs Guidelines range, justified by the volume of materials and some complexity but not warranting abandonment of the Guidelines. Post-transfer costs are fixed at $115,000, as the respondent's actual costs were...

Source-derived case information.

Citation
[2024] SGHC(I) 5
Parties
Applicant: DBX and another; Respondent: DBZ
Jurisdiction
Singapore
Judgment Date
08 February 2024
Procedural Posture
Originating Application / Costs Determination After Judgment
Outcome
Costs awarded to respondent
Legal Topics
Costs Assessment, Pre Transfer and Post Transfer Costs, Application of Costs Guidelines, Reasonableness and Proportionality of Costs
Arbitration Civil Procedure Costs Assessment Pre Transfer and Post Transfer Costs Application of Costs Guidelines Reasonableness and Proportionality of Costs

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Parties

DBX and another

Applicant

DBZ

Respondent

Procedural Posture

Originating Application / Costs Determination After Judgment

  1. 1 What is the reasonable amount of pre-transfer and post-transfer costs to be awarded to the respondent?
  2. 2 Should there be an uplift from the Costs Guidelines for pre-transfer costs?
  3. 3 Are the respondent's claimed post-transfer costs proportionate and reasonable?

Ratio Decidendi

Pre-transfer costs are fixed at $22,000, reflecting a moderate uplift from the upper end of the adjusted Costs Guidelines range, justified by the volume of materials and some complexity but not warranting abandonment of the Guidelines. Post-transfer costs are fixed at $115,000, as the respondent's actual costs were reasonable and proportionate, and the applicants did not discharge the evidential burden to show otherwise.

Court Disposition

Costs awarded to respondent

Orders

  • Applicants to pay respondent $22,000 for pre-transfer costs
  • Applicants to pay respondent $115,000 for post-transfer costs