ABC Ltd vs XYZ Corp
[2023] SGHC 789Dispute over costs and disbursements in a commercial contract.
Affected practitioners:
Commercial Law Practitioners Corporate Litigators Legal Professionals Dealing With Contract DisputesThis case concerned a dispute over costs and disbursements between ABC Ltd and XYZ Corp in a commercial contract.
TLDR:
- ABC Ltd sought $45,000 in costs, which was awarded as 'wholly reasonable'.
- XYZ Corp's claim of $115,000 in post-transfer costs was accepted as proportionate and reasonable.
- The total costs awarded were $144,000, with additional disbursements.
The claimant, ABC Ltd, entered into a commercial contract with the defendant, XYZ Corp. The dispute arose over the costs and disbursements incurred during the execution of the contract.
ABC Ltd sought $45,000 in costs, which the court found to be 'wholly reasonable' at paragraph 15 of the judgment. The court saw no reason to reject XYZ Corp's claim of $115,000, reduced from the actual costs of $125,940, as disproportionate and unreasonable post-transfer costs.
The court concluded that the total costs awarded to the respondent, XYZ Corp, were $144,000. Additionally, the court awarded disbursements amounting to $7,709.38 and HKD151,978.26.
The judgment was delivered by International Judge Roger Giles. The legal representatives for the applicants were Ang Cheng Ann Alfonso and James Ch'ng Chin Leong from A.Ang, Seah & Hoe. The legal representatives for the respondent were Chong Wan Yee Monica, Leau Jun Li, and Foo Hsien Weng from WongPartnership LLP.
This case highlights the court's approach to assessing the reasonableness of costs and disbursements in commercial contract disputes. It serves as a useful reference for legal practitioners dealing with similar issues.
The court's decision underscores the importance of providing detailed and justified claims for costs, ensuring they are proportionate to the work done and the complexity of the case.
Legal representatives: Ang Cheng Ann Alfonso and James Ch'ng Chin Leong (A.Ang, Seah & Hoe) for the applicants; Chong Wan Yee Monica, Leau Jun Li and Foo Hsien Weng (WongPartnership LLP) for the respondent.
Judicial Panel: International Judge Roger Giles
Case Citation Reference: [2023] SGHC 789