Ong Jane Rebecca v Lim Lie Hoa: Review of Taxation of Costs and Disbursements
In Ong Jane Rebecca v Lim Lie Hoa, the High Court of Singapore reviewed the Assistant Registrar's taxation of costs and disbursements. The applications were by the plaintiff, Ong Jane Rebecca, and the first defendant, Lim Lie Hoa, for a review of the taxation of Bill of Costs No 118 of 2006. The court affirmed the Assistant Registrar's decision, addressing issues such as the recoverability of credit card disbursements, air miles, and outstanding debts as costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
The court affirmed the Assistant Registrar's decision.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Review of taxation of costs and disbursements. The court considered whether air miles and outstanding debts qualify as recoverable disbursements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Jane Rebecca | Plaintiff | Individual | Application dismissed | Lost | |
| Lim Lie Hoa | Defendant | Individual | Application dismissed | Lost | |
| Sjamsudin Husni | Defendant | Individual | |||
| Ong Siauw Ping | Defendant | Individual | |||
| Ong Keng Tong | Defendant | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Andrew Ho Yew Cheng | Tan Peng Chin LLC |
| Khoo Boo Jin | Wee Swee Teow & Co |
4. Facts
- The plaintiff sought review of items taxed under section 3 of BC 118.
- 96 items of disbursements, totalling £133,592.20, were charged to the plaintiff’s supplementary American Express credit card.
- The Credit Card Disbursements consisted mainly of courier charges of documents, costs of hotel accommodation, miscellaneous business services rendered by the hotels, costs of air travel and excess baggage charges.
- The AR disallowed the Credit Card Disbursements because the plaintiff failed to show they were her disbursements.
- Norman Frenchman testified that the plaintiff repaid him all Credit Card Disbursements save for £24,962.62.
- The remaining debt was not proved in the plaintiff’s Individual Voluntary Arrangement in UK.
- The plaintiff sought to claim £625.00 for an airplane ticket redeemed using airline miles.
5. Formal Citations
- Ong Jane Rebecca v Lim Lie Hoa and Others, BOC 118/2006, SUM 4600/2007, 4615/2007, [2008] SGHC 44
6. Timeline
| Date | Event |
|---|---|
| Originating Summons No 939 filed | |
| Bill of Costs No 118 filed | |
| Taxation of section 1 of BC 118 stayed by court order | |
| AR gave decision on the Credit Card Disbursements | |
| Norman Frenchman filed an affidavit | |
| Taxation hearing | |
| Judgment Date |
7. Legal Issues
- Disbursements
- Outcome: The court held that the word 'disbursement' is wide enough to include loans or debts properly incurred by a party for the purposes of litigation, provided that it is proven that these loans or debts are due and payable and would be paid after taxation.
- Category: Substantive
- Related Cases:
- [1949] SLR 52
8. Remedies Sought
- Review of taxation of costs
- Review of taxation of disbursements
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Braga v Braga | High Court | Yes | [1949] SLR 52 | Singapore | Cited for the principle that liability to repay is insufficient to constitute a proper disbursement that could be recovered under taxation. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 50 r 24 |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) O 59 r 24(1)(c) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Disbursement
- Taxation
- Costs
- Air miles
- Credit card disbursements
- Individual Voluntary Arrangement
15.2 Keywords
- Disbursements
- Taxation
- Costs
- Singapore High Court
- Civil Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 90 |
| Civil Practice | 75 |
| Taxation of Legal Costs | 60 |
| Evidence | 50 |
16. Subjects
- Civil Procedure
- Taxation of Costs
- Disbursements