Jet Holding Ltd v Cooper Cameron: Costs Allocation in Negligence & Contract Dispute
In a supplemental judgment, the High Court of Singapore addressed the allocation of costs in the case of Jet Holding Ltd, Jet Shipping Ltd, Jet Drilling (S) Pte Ltd, and Maurel Et Prom v Cooper Cameron (Singapore) Pte Ltd and Stork Technology Services Asia Pte Ltd. The court awarded the first and second plaintiffs 30% of their costs, considering the outcome of the trial and the conduct of the parties. A separate costs order was made against the third and fourth plaintiffs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
First and second plaintiffs were awarded 30% of their costs; separate costs order against the third and fourth plaintiffs.
1.3 Case Type
Civil
1.4 Judgment Type
Supplemental Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Supplemental judgment on costs in a case involving Jet Holding Ltd and Cooper Cameron, addressing negligence and contract claims. The court awarded the plaintiffs 30% of their costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jet Holding Ltd | Plaintiff | Corporation | Partial Costs Awarded | Partial | |
| Jet Shipping Ltd | Plaintiff | Corporation | Partial Costs Awarded | Partial | |
| Jet Drilling (S) Pte Ltd | Plaintiff | Corporation | Costs Order Against | Lost | |
| Maurel Et Prom | Plaintiff | Corporation | Costs Order Against | Lost | |
| Cooper Cameron (Singapore) Pte Ltd | Defendant | Corporation | Costs Awarded | Won | |
| Stork Technology Services Asia Pte Ltd | Defendant | Corporation | Indemnify Costs | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- The first and second plaintiffs were awarded nominal damages of S$10 and US$1 million.
- The trial took place over 20 days.
- The plaintiffs claimed US$21 million but succeeded on a relatively small part of it.
- The plaintiffs exchanged affidavits of evidence-in-chief of ten witnesses but only called six to the stand.
- The plaintiffs' documents were contained in 60 lever arch files, but only a few documents were actually referred to.
- The first defendant gave a “without prejudice” offer to settle the claim for US$1 million inclusive of interest and costs.
5. Formal Citations
- Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another, Suit 1523/2002, [2006] SGHC 20
- Jet Holding Ltd and Others v Cooper Cameron (Singapore) Pte Ltd and Another, , [2005] 4 SLR 417
6. Timeline
| Date | Event |
|---|---|
| Parties appeared before the court to submit on the outstanding question of costs. | |
| Supplemental judgment on costs issued. |
7. Legal Issues
- Allocation of Costs
- Outcome: The court awarded the first and second plaintiffs 30% of their costs, considering their limited success and conduct during the proceedings.
- Category: Procedural
- Sub-Issues:
- Conduct of parties
- Proportionality of success
- Voluminous documentation
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Re Elgindata (No 2) | N/A | Yes | [1992] 1 WLR 1207 | N/A | Cited for principles governing the award of costs. |
| Tullio v Maoro | High Court | Yes | [1994] 2 SLR 489 | Singapore | Cited for adopting the principles governing the award of costs elucidated in Re Elgindata (No 2). |
| MCST No 473 v De Beers Jewellery Pte Ltd | High Court | Yes | [2002] 2 SLR 1 | Singapore | Cited for adopting the principles governing the award of costs elucidated in Re Elgindata (No 2). |
| Lim Lie Hoa v Ong Jane Rebecca (No 2) | Court of Appeal | Yes | [2005] 3 SLR 116 | Singapore | Cited for clarifying that the factors listed in Order 59 rule 6A are not exhaustive. |
| Anglo-Cyprian Trade Agencies, Ltd v Paphos Wine Industries, Ltd | N/A | Yes | [1951] 1 All ER 873 | N/A | Cited for observations on the award of costs to a plaintiff who recovered only nominal damages. |
| Chan Choy Ling v Chua Che Teck | Court of Appeal | Yes | [1995] 3 SLR 667 | Singapore | Cited for the principle that a party may be deprived of costs for preparing voluminous documents with irrelevant content. |
| L & M Airconditioning & Refrigeration (Pte) Ltd v SA Shee & Co (Pte) Ltd | High Court | Yes | [1993] 3 SLR 482 | Singapore | Cited for the principle that a party may be deprived of costs for preparing voluminous documents with irrelevant content. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2004 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Costs
- Nominal Damages
- Without Prejudice Offer
- Calderbank Letter
- Disbursements
- Third Party Proceedings
15.2 Keywords
- costs
- damages
- negligence
- contract
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Civil Procedure | 70 |
| Nominal damages | 50 |
| Calderbank letter | 40 |
| Damages | 40 |
| Evidence | 30 |
| Contract Law | 30 |
| Pleadings | 20 |
| Estoppel | 10 |
16. Subjects
- Civil Litigation
- Costs Allocation