Pang Giap Onn v Harmesh Singh: Taxation of Solicitor-Client Costs Dispute
In a dispute before the High Court of Singapore, Pang Giap Onn (alias Arif Peter Pang) applied for a review of the Assistant Registrar's taxation order regarding costs owed by Harmesh Singh s/o Ram Singh for legal services. Mr. Singh also filed a review application. The court, presided over by Choo Han Teck J, dismissed both applications, finding the Assistant Registrar's assessment of costs reasonable, considering the complexity of the matter, the nature of the work done, and the period of engagement. The court made no orders as to costs for the review, with each party bearing their own costs.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Applications dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Dispute over solicitor-client costs. The court upheld the Assistant Registrar's taxation order, finding it reasonable considering the complexity and work done.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Pang Giap Onn @ Arif Peter Pang | Applicant | Individual | Application dismissed | Lost | |
| Harmesh Singh s/o Ram Singh | Respondent | Individual | Application dismissed | Lost | Harmesh Singh s/o Ram Singh of Independent Practitioner |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Pang Giap Onn | Peter Pang & Co |
| Harmesh Singh s/o Ram Singh | Independent Practitioner |
4. Facts
- Mr. Pang, an advocate and solicitor, was engaged by Mr. Singh to act for him in Suit 543 of 2013.
- Mr. Singh signed a Warrant to Act agreeing to pay a $10,000 non-refundable retainer and an hourly rate of $500.
- Mr. Pang ceased to act for Mr. Singh on 10 January 2016 and sent his bill on 11 January 2016.
- The Assistant Registrar taxed the costs at $15,000 for work done, $450 for taxation work, and $4,481.45 for disbursements.
- Both Mr. Pang and Mr. Singh filed applications for review of the taxation order.
- Mr. Singh alleged that Mr. Pang had tampered with the Warrant to Act and complained about the non-refundable retainer.
5. Formal Citations
- Pang Giap Onn (alias Arif Peter Pang) v Harmesh Singh s/o Ram Singh, Bill of Costs No 45 of 2016 (HC/Summons No 2822 of 2016 and HC/Summons 2823 of 2016), [2016] SGHC 149
6. Timeline
| Date | Event |
|---|---|
| Warrant to Act signed | |
| Mr Pang told Mr Singh that he no longer wished to act for him | |
| Mr Pang continued to provide Mr Singh with legal advice up until this date | |
| Mr Pang ceased to act for Mr Singh | |
| Mr Pang sent his bill to Mr Singh for work done | |
| Judgment reserved | |
| Judgment |
7. Legal Issues
- Taxation of Costs
- Outcome: The court found the Assistant Registrar's taxation of costs to be reasonable and dismissed the applications for review.
- Category: Procedural
- Related Cases:
- [2011] 3 SLR 1052
- [2005] 3 SLR(R) 74
- Solicitor-Client Costs
- Outcome: The court determined that solicitor-client costs should be taxed on an indemnity basis, but the AR's assessment was still deemed reasonable.
- Category: Substantive
- Related Cases:
- [2011] 3 SLR 1052
8. Remedies Sought
- Review of taxation order
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
- Taxation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lin Jian Wei and another v Lim Eng Hock Peter | High Court | Yes | [2011] 3 SLR 1052 | Singapore | Cited for the principle that a taxing Registrar or Judge should not invariably accept whatever is claimed by the receiving party at face value in a taxation on an indemnity basis. |
| Wong Foong Chai v Lin Kuo Hao | High Court | Yes | [2005] 3 SLR(R) 74 | Singapore | Cited for the principle that no agreement for payment of costs between client and solicitor is immune from an investigation by the court on whether it is reasonable and fair. |
13. Applicable Rules
| Rule Name |
|---|
| Order 59 r 27(3) of the Rules of Court |
| Appendix 1 to Order 59 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act | Singapore |
| s 111 of the Legal Profession Act | Singapore |
| s 113(2) of the Legal Profession Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Taxation of costs
- Solicitor-client costs
- Indemnity basis
- Non-refundable retainer
- Warrant to Act
15.2 Keywords
- costs
- taxation
- solicitor
- client
- retainer
- legal fees
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 90 |
| Assessment of Legal Costs | 85 |
| Civil Practice | 75 |
| Taxation | 70 |
| Legal Profession Act | 60 |
16. Subjects
- Legal Costs
- Civil Litigation