Columbia Asia Healthcare v Edward Hong: Assessment of Damages for MEC Charge Removal
In Suit 964 of 2009, the High Court of Singapore assessed damages owed by Edward Hong Hin Kit and Albert Hong Hin Kay to Columbia Asia Healthcare Sdn Bhd and PT Nusautama Medicalindo. The assessment concerned the reasonable costs of removing a charge from a land title certificate. The court determined the amounts payable for legal costs incurred by various law firms, including Kusnandar & Co, MC Kaban & Associates, and Rajah & Tann, reducing some claimed amounts due to issues of reasonableness and collaboration with other firms. The court fixed the amount payable to MC Kaban at IDR 100,000,000.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Damages assessed and awarded to the plaintiffs for costs incurred in removing the MEC charge, with specific amounts determined for each law firm involved.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court assesses damages for Columbia Asia Healthcare against Edward Hong, concerning costs to remove a charge from land title certificate.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Columbia Asia Healthcare Sdn Bhd | Plaintiff | Corporation | Partial, Partial, Partial | Partial, Partial, Partial | Harish Kumar, Jonathan Toh |
| PT Nusautama Medicalindo | Plaintiff | Corporation | Partial, Partial, Partial | Partial, Partial, Partial | Harish Kumar, Jonathan Toh |
| Edward Hong Hin Kit | Defendant | Individual | Partial, Partial, Partial | Lost, Lost, Lost | Niru Pillai, Liew Teck Huat, Jason Yeo |
| Albert Hong Hin Kay | Defendant | Individual | Partial, Partial, Partial | Lost, Lost, Lost | Niru Pillai, Liew Teck Huat, Jason Yeo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Harish Kumar | Rajah & Tann Singapore LLP |
| Jonathan Toh | Rajah & Tann Singapore LLP |
| Niru Pillai | Global Law Alliance LLC |
| Liew Teck Huat | Global Law Alliance LLC |
| Jason Yeo | Global Law Alliance LLC |
4. Facts
- Columbia and PTNM sued the Hongs regarding an agreement to buy shares in UMPL.
- UMPL owned shares in PTNM, which owned a hospital in Medan, Indonesia.
- The dispute involved the removal of a charge (MEC charge) from the land title certificate.
- Columbia was granted judgment against the Hongs for damages to be assessed for the reasonable costs of removing the MEC charge.
- Columbia claimed legal costs incurred and paid to four law firms.
- The Hongs argued that Columbia could only recover costs incurred by Columbia itself, not PTNM.
- The Hongs challenged the admissibility of certain invoices and the reasonableness of the total amount claimed.
5. Formal Citations
- Columbia Asia Healthcare Sdn Bhd and another v Hong Hin Kit Edward and another, Suit No 964 of 2009(Assessment of Damages No 6 of 2016), [2016] SGHC 188
6. Timeline
| Date | Event |
|---|---|
| Suit No 964 of 2009 filed | |
| Suit Nos 861 and 862 of 2008 filed | |
| Judgment issued in respect of the three proceedings | |
| Assessment of damages hearing began | |
| Assessment of damages hearing continued | |
| Assessment of damages hearing continued | |
| Assessment of damages hearing continued | |
| Judgment reserved |
7. Legal Issues
- Assessment of Damages
- Outcome: The court assessed the damages payable by the defendants to the plaintiffs for the reasonable costs of removing the MEC charge.
- Category: Substantive
- Admissibility of Evidence
- Outcome: The court ruled on the admissibility of invoices and agreements under the Evidence Act, including the use of copies and the business records exception to the hearsay rule.
- Category: Procedural
- Reasonableness of Legal Costs
- Outcome: The court assessed the reasonableness of the legal costs claimed by the plaintiffs, considering the work done by various law firms and the extent to which the defendants should be liable for those costs.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- MEC charge
- Assessment of damages
- Reasonable costs
- Share sale agreement
- Business records exception
- Success Fee Agreement
- PTNM
- Columbia
15.2 Keywords
- damages
- assessment
- MEC charge
- Columbia Asia
- legal costs
- Singapore High Court
16. Subjects
- Damages
- Civil Litigation
- Contract Law
17. Areas of Law
- Civil Procedure
- Contract Law
- Damages Assessment