New Civilbuild v Guobena: Costs Allocation After Judgment on Progress Payments and Liquidated Damages

In a supplemental judgment, the High Court of Singapore, presided over by Justice Lai Siu Chiu, addressed the allocation of costs between New Civilbuild Pte Ltd and Guobena Sendirian Berhad following a judgment dated 29 February 2000. New Civilbuild had succeeded in their claim for progress payments and retention monies, while Guobena's claim for liquidated damages had failed. The court awarded costs of the action to New Civilbuild, with a reduction to account for Guobena's successful counterclaim, and full disbursements up to judgment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

New Civilbuild was awarded costs of the action with a reduction to account for Guobena's successful counterclaim, and full disbursements up to judgment.

1.3 Case Type

Civil

1.4 Judgment Type

Supplemental Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court determined the allocation of costs between New Civilbuild and Guobena following a judgment on progress payments and liquidated damages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
New Civilbuild Pte LtdPlaintiffCorporationCosts of the action awarded with reductionPartial
Lee Chin Seon of C S Lee
The Tai Ping Insurance Co LtdDefendantCorporationNeutralNeutral
Guobena Sendirian BerhadDefendantCorporationCounterclaim successfulPartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lee Chin SeonC S Lee
Edric PanRajah & Tann
B R RaiRajah & Tann
Michael MoeyChung & Co
K S ChungChung & Co
Tan Woon TiangTan & Tan
Karen PhuaTan & Tan

4. Facts

  1. New Civilbuild obtained final judgment on their claim for progress payments and retention monies.
  2. Guobena failed in its claim for liquidated damages.
  3. Guobena was awarded interlocutory judgment on their claim for advances made to New Civilbuild.
  4. New Civilbuild had disallowed their claim in excess of $2m for costs incurred for variations works and for damages resulting from delay in completion.
  5. Guobena's claim for liquidated damages was reduced to $3m from $6,180,000.
  6. New Civilbuild paid $15,000 into court as security for Guobena’s costs.

5. Formal Citations

  1. New Civilbuild Pte Ltd v Guobena Sendirian Berhad and Another, Suit 46/1998, [2000] SGHC 47

6. Timeline

DateEvent
Writ date
Guobena applied for security for costs
Judgment dated
Supplemental Judgment issued

7. Legal Issues

  1. Allocation of Costs
    • Outcome: The court determined the allocation of costs between the parties, awarding costs to New Civilbuild with a reduction to account for Guobena's successful counterclaim.
    • Category: Procedural

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation
  • Construction Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court 1997 O 59 r 19Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Progress Payments
  • Retention Monies
  • Liquidated Damages
  • Security for Costs
  • Interlocutory Judgment
  • Final Judgment

15.2 Keywords

  • Costs
  • Construction
  • Progress Payments
  • Liquidated Damages

17. Areas of Law

Area NameRelevance Score
Costs85
Civil Practice75
Construction Law60
Contract Law40

16. Subjects

  • Construction Dispute
  • Civil Procedure
  • Contract Law