KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor [2021] SGHC(I) 18 (27 December 2021)

KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor [2021] SGHC(I) 18 (27 December 2021)

Kiri failed to establish that Longsheng had a close connection with Suit 4 or caused Kiri to incur costs. There was no evidence Longsheng funded or controlled the proceedings, nor that Senda acted in bad faith or was insolvent. The threshold for making a non-party liable for costs was not met.

Citation
[2021] SGHC(I) 18
Parties
Plaintiff: Kiri Industries Ltd; First Defendant: Senda International Capital Ltd; Second Defendant (non Party Application): Longsheng
Jurisdiction
Singapore
Judgment Date
27 December 2021
Procedural Posture
Application for Costs Order Against Non Party / Post Judgment, Costs Phase
Outcome
Application dismissed
Legal Topics
Costs, Costs Against Non Party, Joint and Several Liability for Costs
Civil Procedure Costs Costs Against Non Party Joint and Several Liability for Costs

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Parties

Kiri Industries Ltd

Plaintiff

Senda International Capital Ltd

First Defendant

Longsheng

Second Defendant (non Party Application)

Procedural Posture

Application for Costs Order Against Non Party / Post Judgment, Costs Phase

Legal Issues

  1. 1 Whether a non-party (Longsheng) should be made jointly and severally liable for costs payable by Senda to Kiri in Suit 4

Ratio Decidendi

Kiri failed to establish that Longsheng had a close connection with Suit 4 or caused Kiri to incur costs. There was no evidence Longsheng funded or controlled the proceedings, nor that Senda acted in bad faith or was insolvent. The threshold for making a non-party liable for costs was not met.

Court Disposition

Application dismissed

Orders

  • Kiri's application to make Longsheng jointly and severally liable for costs payable by Senda is dismissed.