DKB v DKC [2025] SGHC(I) 21 (4 August 2025)

DKB v DKC [2025] SGHC(I) 21 (4 August 2025)

Where a party obtains a stay of proceedings based on a contractual right to arbitrate but has no intention of enforcing that right, fairness and justice require that no order for costs be made in its favour, nor should the opposing party be awarded costs absent a finding of improper or collateral purpose.

Citation
[2025] SGHC(I) 21
Parties
Claimant: DKB; Defendant: DKC
Jurisdiction
Singapore
Judgment Date
04 August 2025
Procedural Posture
Originating Application / Post Judgment Costs Determination
Outcome
No order as to costs for the Stay Application, SUM 25, and SUM 51; Claimant to pay Defendant's costs for SUM 46; Defendant to pay Claimant's costs for SUM 17 and SUM 18.
Legal Topics
Costs, Stay of Proceedings, Enforcement of Arbitral Award, Settlement Deed, Discretion in Costs Orders
Civil Procedure Arbitration Costs Stay of Proceedings Enforcement of Arbitral Award Settlement Deed Discretion in Costs Orders

Case Brief

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Parties

DKB

Claimant

DKC

Defendant

Procedural Posture

Originating Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the defendant is entitled to costs after obtaining a stay of proceedings in favour of arbitration despite having no intention to commence arbitration
  2. 2 Appropriate quantum of costs for various interlocutory applications

Ratio Decidendi

Where a party obtains a stay of proceedings based on a contractual right to arbitrate but has no intention of enforcing that right, fairness and justice require that no order for costs be made in its favour, nor should the opposing party be awarded costs absent a finding of improper or collateral purpose.

Court Disposition

No order as to costs for the Stay Application, SUM 25, and SUM 51; Claimant to pay Defendant's costs for SUM 46; Defendant to pay Claimant's costs for SUM 17 and SUM 18.

Orders

  • Claimant to pay Defendant's costs of SUM 46 in the amount of $25,820 (all-in).
  • Defendant to pay Claimant's costs of SUM 17 and SUM 18 assessed at $70,000 together with disbursements of $1,284.94.