Banque Nationale De Paris v Tan Nancy: Agency, Authority, and Costs in Share Transactions

In Banque Nationale De Paris v Tan Nancy, the Court of Appeal of Singapore delivered a judgment on December 5, 2001, regarding the allocation of costs following a prior judgment. The court considered whether the general rule that costs follow the event should apply, given that BNP had raised numerous claims with no merit. The court awarded BNP only a percentage of the costs below and on appeal, finding that BNP had unnecessarily protracted the proceedings. The appeal was allowed in part.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal allowed in part; BNP awarded a percentage of costs at trial and on appeal.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment (Costs)

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding share transactions conducted by an agent. The court addressed the scope of authority and allocation of costs, awarding partial costs.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Banque Nationale de ParisAppellantCorporationAppeal allowed in partPartial
Tan NancyRespondentIndividualSuccessful defenceWon
Shee ChinRespondentIndividualSuccessful defenceWon

3. Judges

Judge NameTitleDelivered Judgment
Yong Pung HowChief JusticeYes
L P TheanJudge of AppealNo
Chao Hick TinJudge of AppealNo

4. Counsels

Counsel NameOrganization
Herman JeremiahHelen Yeo & Partners
Christopher Anand DanielHelen Yeo & Partners
Michael HwangHelen Yeo & Partners
Jenny ChangHarry Elias Partnership
Philip FongHarry Elias Partnership
Simon JonesWee Swee Teow & Co
Chiah Kok KhunWee Swee Teow & Co

4. Facts

  1. BNP raised numerous claims against the respondents, including claims for dishonestly assisting Gary to commit a breach of his fiduciary duties.
  2. The respondents were separately represented by solicitors and counsel.
  3. BNP sought a certificate of two counsel under O 59, r 19.
  4. BNP sought a separate set of costs against each respondent.
  5. The respondents raised the same defenses in law.

5. Formal Citations

  1. Banque Nationale De Paris v Tan Nancy and Another, CA 168/2000, [2001] SGCA 78

6. Timeline

DateEvent
Judgment delivered
Judgment on costs delivered

7. Legal Issues

  1. Construction of agent’s authority
    • Outcome: The court considered whether the agent had actual or apparent authority to conduct the disputed transactions.
    • Category: Substantive
  2. Award of costs
    • Outcome: The court determined the appropriate allocation of costs, deviating from the general rule that costs follow the event.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation
  • Appeals

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Heng Hoo v Tan Hock Hai & OrsHigh Court of MalayaYes[1976] 2 MLJ 159MalaysiaCited regarding the award of separate sets of costs to separately represented respondents raising the same defenses.

13. Applicable Rules

Rule Name
O 59 r 19 Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Agent’s authority
  • Costs
  • Apparent authority
  • Actual authority
  • Transactions in shares
  • Foreign exchange

15.2 Keywords

  • Agency
  • Authority
  • Costs
  • Share transactions
  • Appeal

17. Areas of Law

Area NameRelevance Score
Costs90
Civil Procedure80
Agency Law75
Contract Law60
Fiduciary Duties50
Commercial Disputes40

16. Subjects

  • Agency
  • Civil Procedure
  • Costs