WYNO Marine v Lim Teck Cheng: Review of Costs Award in Construction Dispute

In WYNO Marine Pte Ltd (In Liquidation) v Lim Teck Cheng, the Singapore High Court reviewed the assistant registrar's award of costs to the plaintiffs, WYNO Marine Pte Ltd, and the first and third third parties, Koh Chye Heng and Foong Ah Pang, in a construction dispute. The court, presided over by Judicial Commissioner Choo Han Teck, increased the costs awarded to the plaintiffs from $485,000 to $560,000, while upholding the costs awarded to the third parties. The court determined that the initial apportionment of costs by the assistant registrar was flawed, and reassessed the costs based on the trial duration and the parties' involvement.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiffs' application allowed; costs revised from $485,000 to $560,000. Third parties' costs awards remain unchanged.

1.3 Case Type

Civil

1.4 Judgment Type

Oral Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court reviewed an assistant registrar's costs award in a construction dispute, adjusting the plaintiff's costs upward while maintaining the third parties' awards.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WYNO Marine Pte Ltd (In Liquidation)PlaintiffCorporationApplication AllowedWon
Lim Teck ChengDefendantIndividualApplication DismissedLost
Hong Lam Marine Pte LtdDefendantCorporationApplication DismissedLost
Ong Hock Hoe trading as Lee & Kong Engineering WorkDefendantIndividualApplication DismissedLost
Kong Fook Peng trading as Lee & Kong Engineering WorkDefendantIndividualApplication DismissedLost
Lee Beng Chong trading as Lee & Kong Engineering WorkDefendantIndividualApplication DismissedLost
Kok Lee Seng trading as Lee & kong Sub-contractorDefendantIndividualApplication DismissedLost
Koh Chye HengThird PartyIndividualCosts AwardedNeutral
Ong Ah Yeo YennaThird PartyIndividual
Foong Ah PangThird PartyIndividualCosts AwardedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Ashok KumarAllen & Gledhill
K Shanmugam SCAllen & Gledhill
S SelvamRamdas & Wong
Monoj Kumar RoyRoy & Partners
Benjamin Goh Kay PohBernard, Rada & Partners

4. Facts

  1. The assistant registrar initially awarded $390,000, $290,000, and $240,000 to the plaintiffs, first Third Party, and third Third Party, respectively.
  2. The assistant registrar revised the awards to $485,000, $270,000, and $210,000, respectively, after a request for review.
  3. The trial lasted for a total of 38 days after deducting wasted time-off.
  4. The plaintiffs' counsel sought an award of up to $900,000, arguing that the work done justified it.
  5. The first defendant requested that the third parties' awards be revised lower, especially if the plaintiffs' costs were revised upwards.
  6. The court awarded the plaintiffs $10,000 a day for 38 days of trial, totaling $380,000.
  7. The court awarded the first Third Party $5,000 a day for the 38 days trial, totaling $190,000.
  8. The court awarded the third Third Party $4,000 a day for 38 days, totaling $152,000.

5. Formal Citations

  1. WYNO Marine Pte Ltd (In Liquidation) v Lim Teck Cheng and Others, Suit 2274/1993, BOC 328, 572 and 573 of 1999, SIC 6867, 6892, 6893 and 6894 of 1999, [2000] SGHC 10

6. Timeline

DateEvent
Decision Date

7. Legal Issues

  1. Review of Costs Award
    • Outcome: The court revised the costs awarded to the plaintiffs, finding the initial apportionment flawed.
    • Category: Procedural
    • Related Cases:
      • [1993] 1 SLR 542

8. Remedies Sought

  1. Review of costs award

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation
  • Construction Law
  • Arbitration

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Diversey (Far East) Pte Ltd v Chai Chung Ching Chester & Ors (No. 2)Court of AppealYes[1993] 1 SLR 542SingaporeCited for the principle of non-interference in the taxation officer's awards unless a wrong principle was applied.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Taxation
  • Review
  • Assistant Registrar
  • Apportionment
  • Trial days

15.2 Keywords

  • Costs
  • Review
  • Construction
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Costs95
Civil Practice75
Judgments and Orders60

16. Subjects

  • Civil Procedure
  • Costs
  • Construction Dispute