Long Kim Wing v LTX-Credence: Costs Allocation After Judgment on Claims and Counterclaims

In a supplementary judgment, the High Court of Singapore, presided over by Justice Woo Bih Li, addressed the issue of costs following a prior judgment in Suit No 906 of 2014 between Plaintiff Long Kim Wing and Defendant LTX-Credence Singapore Pte Ltd. The court had previously granted the Plaintiff judgment for $5,512.98 and $12,928.26 while dismissing the rest of the Plaintiff’s claims, and granted the Defendant judgment against the Plaintiff for $30,000 on the Defendant’s remaining counterclaim. The court ordered the Plaintiff to pay 80% of the Defendant's costs on a standard basis.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff to pay 80% of the Defendant's costs on a standard basis.

1.3 Case Type

Civil

1.4 Judgment Type

Supplementary Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Costs allocation after judgment on claims and counterclaims. The court ordered the plaintiff to pay 80% of the defendant's costs on a standard basis.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Long Kim WingPlaintiff, Defendant-in-CounterclaimIndividualJudgment against the Defendant for $5,512.98 and $12,928.26Partial
LTX-Credence Singapore Pte LtdDefendant, Plaintiff-in-CounterclaimCorporationJudgment against the Plaintiff for $30,000 on the Defendant’s remaining counterclaimWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Eileen YeoAdvocatus Law LLP
Ganga AvadiarAdvocatus Law LLP
Jared ChenWongPartnership LLP
Rich SeetWongPartnership LLP
Chua Yong QuanWongPartnership LLP

4. Facts

  1. The Plaintiff was granted judgment against the Defendant for $5,512.98 for failure to conduct due inquiry before terminating his employment.
  2. The Plaintiff was granted judgment against the Defendant for $12,928.26 for outstanding salary and other benefits.
  3. The Defendant was granted judgment against the Plaintiff for $30,000 for a sum the Plaintiff had caused to be paid to another employee without authority.
  4. The Defendant had offered to pay $8,000 to the Plaintiff in full and final settlement of the claims and counterclaims with each party to bear its own costs.
  5. The Defendant withdrew three out of four counterclaims on the seventh day of the trial.
  6. The Plaintiff alleged he had been framed by officers of the Defendant but did not establish the relevance or the fact of such an allegation.

5. Formal Citations

  1. Long Kim Wing v LTX-Credence Singapore Pte Ltd, Suit No 906 of 2014, [2017] SGHC 312

6. Timeline

DateEvent
Defendant’s Offer to Settle dated
Judgment delivered in respect of the action
Plaintiff’s acceptance of the Defendant’s Offer to Settle dated
Plaintiff’s application in Summons No 5347 of 2017 heard
Supplementary judgment issued
Deadline for parties to agree on the quantum for disbursements

7. Legal Issues

  1. Costs Allocation
    • Outcome: The court ordered the Plaintiff to pay 80% of the Defendant's costs on a standard basis.
    • Category: Procedural
  2. Offer to Settle
    • Outcome: The court found that the Defendant's Offer to Settle was not a genuine offer to settle all claims and counterclaims.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages
  2. Costs

9. Cause of Actions

  • Breach of Contract
  • Failure to conduct due inquiry before termination
  • Unauthorised payments to another employee

10. Practice Areas

  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Offer to Settle
  • Indemnity Costs
  • Standard Basis
  • Costs of the Action
  • Counterclaims
  • Disbursements
  • Genuine Offer

15.2 Keywords

  • Costs
  • Offer to Settle
  • Civil Procedure
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Costs90
Offer to Settle80
Civil Practice75
Civil Procedure75
Employment Law50
Termination50

16. Subjects

  • Civil Procedure
  • Costs
  • Offer to Settle