Sports Connection v Deuter Sports: Costs Thrown Away After Amendment of Pleadings
In Sports Connection Pte Ltd v Deuter Sports Gmbh, the High Court of Singapore addressed the issue of costs thrown away following the plaintiff, Sports Connection, amending its pleadings to withdraw allegations of conspiracy against Deuter Sports. The court, presided over by Assistant Registrar Paul Tan, allowed the amendment and ordered Sports Connection to pay Deuter Sports $34,500 in costs, including costs thrown away, costs of the application, and consequential costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Application to amend Sports Connection’s statement of claim is allowed; costs payable to Deuter Sports fixed at $34,500 inclusive of disbursements.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court judgment on costs thrown away after Sports Connection amended pleadings, withdrawing conspiracy allegations against Deuter Sports.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sports Connection Pte Ltd | Plaintiff, Applicant | Corporation | Application to amend statement of claim allowed | Partial | Shahiran Anis Bin Mohamed Ibrahim, B Rajasekharan |
| Deuter Sports Gmbh | Defendant, Respondent | Corporation | Costs awarded | Won | Aqbal Singh, Josephine Chong |
| Foo Yeong Mien | Defendant | Individual | Settlement Reached | Settled |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Paul Tan | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Shahiran Anis Bin Mohamed Ibrahim | Asia Law |
| B Rajasekharan | Asia Law |
| Aqbal Singh | Unilegal |
| Josephine Chong | Unilegal |
4. Facts
- Sports Connection was the sole distributor of Deuter products in Singapore since 1992.
- Foo Yeong Min, former general manager at Sports Connection, joined Deuter Sports as Asia Regional Manager.
- Sports Connection alleged Deuter Sports conspired with Mr. Foo to damage its business.
- Sports Connection and Mr. Foo reached a settlement, leading to amendments in the pleadings.
- The amendment sought to delete causes of action against Mr. Foo and remove the conspiracy allegation.
- Deuter Sports incurred costs in preparing to defend against the conspiracy allegations and charges against Mr. Foo.
- Sports Connection made amendments late in the day.
5. Formal Citations
- Sports Connection Pte Ltd v Deuter Sports Gmbh and Another, Suit 280/2005, SUM 1482/2007, [2007] SGHC 89
6. Timeline
| Date | Event |
|---|---|
| Sports Connection appointed as Deuter Sports’ sole and exclusive distributor in Singapore. | |
| Foo Yeong Min promoted to General Manager at Sports Connection. | |
| Employment agreement entered into with the plaintiff. | |
| Last renewal of the distributorship agreement. | |
| Sports Connections sued by Crumpler Design in Suit No. 1024 of 2003. | |
| Foo Yeong Min resigned from Sports Connection. | |
| Deuter Sports employed Mr Foo as its Asia Regional Manager. | |
| Deuter Sports wrongfully terminated Sports Connection’s Distributorship Agreement. | |
| Distributorship Agreement expired. | |
| Suit 280/2005 filed. | |
| Settlement between Sports Connection and Mr Foo. | |
| Pre-trial conference held. | |
| Sports Connection was to have confirmed whether the conspiracy claim against Deuter Sports and Mr Foo was going to stand. | |
| Affidavits of evidence in chief were to be filed. | |
| Set down for trial was to be by. | |
| Court attendance. | |
| Hearing before the judge. | |
| Trial dates fixed. | |
| Judgment Reserved. |
7. Legal Issues
- Costs thrown away
- Outcome: The court held that Deuter Sports was entitled to costs thrown away as a result of the amendment to the pleadings.
- Category: Procedural
- Sub-Issues:
- Reasonableness of costs
- Causation of costs
- Related Cases:
- [1994] 1 SLR 523
- [2006] SGHC 82
- [2003] 2 SLR 554
- [1987] AC 189
- [1996] 2 SLR 609
- [1983] 2 MLJ xciv
- [1995] 2 SLR 685
- [2003] SGHC 51
- [2005] 1 SLR 130
8. Remedies Sought
- Costs
- Amendment of Pleadings
9. Cause of Actions
- Breach of Contract
- Conspiracy (withdrawn)
10. Practice Areas
- Litigation
11. Industries
- Retail
- Sporting Goods
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wright Norman v Oversea-Chinese Banking Corp Ltd | Court of Appeal | Yes | [1994] 1 SLR 523 | Singapore | Cited for the principle that the ends of justice are served by allowing amendments to pleadings to ensure all relevant issues are investigated. |
| Wishing Star Ltd v Jurong Town Corp | High Court | Yes | [2006] SGHC 82 | Singapore | Cited to support the point that amendments to pleadings may be allowed even late in the proceedings. |
| Anthony Wee Soon Kim v UBS AG | High Court | No | [2003] 2 SLR 554 | Singapore | Cited regarding the principle that amendments should not be allowed if they cause irreparable prejudice to the opposing party. |
| Ketteman v Hansel Properties | N/A | Yes | [1987] AC 189 | England and Wales | Cited for the principle that injustice to the other party can be compensated by appropriate orders as to costs. |
| Soon Peng Yam and another (trustees of the Chinese Swimming Club) v Maimon bte Ahmad (administratrix of Sukinah bte Haji Hassan, deceased) | Court of Appeal | Yes | [1996] 2 SLR 609 | Singapore | Cited for the principle that the power to award costs is a discretionary power to achieve the fairest allocation of costs. |
| Choo Ah Kiat v Ang Kim Hock | N/A | Yes | [1983] 2 MLJ xciv | N/A | Cited in the context of costs thrown away as a consequence of an adjournment. |
| Lim Hong Seng v East Coast Medicare Centre Pte Ltd | High Court | Yes | [1995] 2 SLR 685 | Singapore | Cited regarding costs thrown away in favour of a defendant who had to abandon a counterclaim due to the plaintiff's discovery of a certain fact. |
| Hong Cheng Air-Conditioning Engineering Pte Ltd v Wee Siong Engineering Services Pte Ltd | High Court | No | [2003] SGHC 51 | Singapore | Cited by the applicant's counsel to suggest a range for costs ordered. |
| Khng Thian Huat and Anor v Riduan bin Yusof and Anor | High Court | Yes | [2005] 1 SLR 130 | Singapore | Cited for the principle that the assessment of costs ought not to be a clinical scientific exercise divorced from considerations of intuitive fairness. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| O 59 rr 27(2) of the Rules | Singapore |
| O 59 rr 27(3) of the Rules | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Costs thrown away
- Amendment of pleadings
- Conspiracy
- Distributorship agreement
- Reasonableness of costs
- Irreparable prejudice
15.2 Keywords
- Costs thrown away
- Amendment
- Pleadings
- Singapore
- High Court
- Civil Case
16. Subjects
- Civil Procedure
- Costs
- Contract Law
17. Areas of Law
- Civil Procedure
- Costs
- Contract Law