RBG Resources plc v Banque Cantonale Vaudoise: Appeal Leave on Costs & Sale of Goods Act

In RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others, the High Court of Singapore, presided over by Justice Woo Bih Li, dismissed RBG's application for leave to appeal against a costs judgment. RBG had won its claim against Credit Lyonnais for conversion of metals but was awarded only 70% of its costs because it was unsuccessful on an issue raised under Section 62(4) of the Sale of Goods Act. RBG sought leave to appeal the costs order, arguing it should have received full costs. The court held that RBG should raise its arguments in its respondent's case in Credit Lyonnais's appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's application dismissed with costs.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

RBG Resources plc sought leave to appeal a costs judgment after winning its claim but failing on a Sale of Goods Act issue. The court dismissed the application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Banque Cantonale VaudoiseRespondentCorporation
RBG Resources plc (in liquidation)Plaintiff, ApplicantCorporationApplication dismissed with costsLost
Credit LyonnaisDefendant, RespondentCorporation
Westdeutsche Landesbank GirozentraleRespondentCorporation
BNP Paribas (Suisse) S.A.RespondentCorporation
Ing Bank N.V.RespondentCorporation
Banque Bruxelles LambertRespondentCorporation
GMAC Commercial Finance PLCRespondentCorporation

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Matthew SawLee and Lee
Seah Yi LeinShook Lin and Bok
Lawrence TehRodyk and Davidson

4. Facts

  1. RBG won its claim against CL for conversion of metals.
  2. The court awarded RBG 70% of its costs.
  3. RBG was unsuccessful on an issue raised under s 62(4) of the Sale of Goods Act.
  4. CL appealed against the judgment on the main claim and costs.
  5. RBG applied for leave to appeal against the judgment on costs.
  6. RBG argued it should have been awarded full costs.
  7. RBG intended to file a respondent's notice to argue its case should also be supported under s 62(4).

5. Formal Citations

  1. RBG Resources plc (in liquidation) v Banque Cantonale Vaudoise and Others, Suit 1175/2002, SIC 3903/2004, [2004] SGHC 170
  2. RBG Resources plc, , [2004] SGHC 123
  3. RBG Resources plc, , [2004] SGHC 167

6. Timeline

DateEvent
Judgment declared RBG remained the legal and beneficial owner of metals.
Judgment on costs issued, awarding RBG 70% of costs.
Application for leave to appeal against judgment on costs dismissed.

7. Legal Issues

  1. Leave to Appeal on Costs
    • Outcome: The court dismissed the plaintiff's application for leave to appeal.
    • Category: Procedural

8. Remedies Sought

  1. Leave to appeal
  2. Full costs of the action

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Commodities Trading

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Hiok Tng v Lee Hiok TngCourt of AppealYes[2001] 3 SLR 41SingaporeCited regarding the need to apply for leave to appeal under s 34(2)(b) of the SCJA to challenge a costs order.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 34(2)(b) Supreme Court of Judicature Act (Cap 322, 1999 Rev Ed)Singapore
Sale of Goods Act (Cap 393, 1999 Rev Ed)Singapore
Order 57 r 9A(5) of the Rules of Court (Cap 322, R 5, 2004 Rev Ed)Singapore
Order 57 r 9A(6) of the Rules of Court (Cap 322, R 5, 2004 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Leave to appeal
  • Costs
  • Section 62(4) Sale of Goods Act
  • Respondent's notice
  • Supreme Court of Judicature Act

15.2 Keywords

  • Appeal
  • Costs
  • Sale of Goods Act
  • Leave to appeal
  • RBG Resources
  • Credit Lyonnais

17. Areas of Law

Area NameRelevance Score
Costs80
Civil Procedure75
Appellate Practice60
Sale of Goods40
Contract Law30

16. Subjects

  • Civil Procedure
  • Costs
  • Appeals