Lim Geok Lin Andy v Yap Jin Meng Bryan: Costs, Offer to Settle

In the Singapore High Court case of *Lim Geok Lin Andy v Yap Jin Meng Bryan*, the court addressed the issue of costs following the dismissal of the plaintiff's claim. The defendant sought indemnity costs, arguing the plaintiff's claim was an abuse of process. The court awarded the defendant costs on a standard basis before 25 February 2016 and on an indemnity basis from that date onwards, due to the plaintiff's failure to obtain a judgment more favorable than the defendant's Offer to Settle.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Costs awarded to the defendant on a standard basis before 25 February 2016 and on an indemnity basis from that date onwards.

1.3 Case Type

Civil

1.4 Judgment Type

Supplemental Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The High Court addresses costs after dismissing the plaintiff's claim, focusing on whether indemnity costs should be awarded due to an Offer to Settle.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lim Geok Lin AndyPlaintiffIndividualClaim DismissedLost
Yap Jin Meng BryanDefendantIndividualJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuSenior JudgeYes

4. Counsels

Counsel NameOrganization
Tan Kheng Ann AlvinWong Thomas & Leong
Os AgarwalWong Thomas & Leong
Chin Li Yuen MarinaTan Kok Quan Partnership
Eugene Jedidiah Low Yeow ChinTan Kok Quan Partnership
Liang Hanwen CalvinTan Kok Quan Partnership

4. Facts

  1. The plaintiff's claim in the suit was dismissed.
  2. The defendant sought costs on an indemnity basis.
  3. The defendant served an Offer to Settle on the plaintiff on 25 February 2016.
  4. The plaintiff did not accept the Offer to Settle.
  5. The trial commenced on 29 February 2016.
  6. The court found the plaintiff's conduct to be opportunistic and unreasonable in pursuing the claim.

5. Formal Citations

  1. Lim Geok Lin Andy v Yap Jin Meng Bryan, Suit No 1057 of 2013, [2016] SGHC 261

6. Timeline

DateEvent
Action commenced
Defendant served Offer to Settle on the plaintiff
Trial commenced
Judgment dated
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Costs
    • Outcome: The court awarded the defendant costs on a standard basis before 25 February 2016 and on an indemnity basis from that date onwards.
    • Category: Procedural
    • Sub-Issues:
      • Indemnity costs
      • Standard costs
  2. Offer to Settle
    • Outcome: The court determined that the plaintiff's failure to obtain a judgment more favorable than the defendant's Offer to Settle entitled the defendant to costs on an indemnity basis from the date of the offer.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wong Meng Cheong and another v Ling Ai Wah and anotherHigh CourtYes[2012] 1 SLR 549SingaporeCited by the defendant to support the argument that costs should be awarded on an indemnity basis due to the plaintiff's conduct.
DB Trustees (Hong Kong) Ltd v Consult Asia Pte Ltd and another appealCourt of AppealYes[2010] 3 SLR 542SingaporeCited by the defendant to support the argument that costs should be awarded on an indemnity basis.
Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte LtdHigh CourtYes[2016] 5 SLR 103SingaporeCited by the defendant to support the argument that costs should be awarded on an indemnity basis.
Three Rivers District Council and Others v The Governor and Co of the Bank of England (No 6)EWHCYes[2006] (Comm) EWHC 816England and WalesCited for the principles on how the discretion to award indemnity costs ought to be exercised.
Tan Chin Yew Joseph v Saxo Capital Markets Pte LtdHigh CourtYes[2013] SGHC 274SingaporeCited by the plaintiff to argue against awarding indemnity costs to the defendant.
Lim Geok Lin Andy v Yap Jin Meng BryanHigh CourtYes[2016] SGHC 234SingaporeThe main judgment where the plaintiff’s claim was dismissed.

13. Applicable Rules

Rule Name
Order 22A r 1 of the Rules of Court
Order 22A r 9 (3) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of Court (Cap 332, R 5, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Indemnity basis
  • Standard basis
  • Offer to Settle
  • Abuse of process
  • Rules of Court

15.2 Keywords

  • costs
  • indemnity costs
  • offer to settle
  • civil procedure

17. Areas of Law

Area NameRelevance Score
Costs90
Offer to Settle90
Civil Practice75
Civil Procedure75

16. Subjects

  • Civil Procedure
  • Costs
  • Litigation