Long Well Group v Commerzbank: Costs Dispute After Breach of Contract Claim
In a suit between Long Well Group Limited, PT Citrabumi Sacna, Private Energy Pte Ltd, and First Power International Limited (Plaintiffs) and Commerzbank Aktiengesellschaft, Commerz Asset Management Asia Pacific Pte Ltd, Commerzbank Asset Management Asia Ltd, and Commerz Asia Best SPC (Defendants), the High Court of Singapore, presided over by Justice Choo Han Teck, addressed the issue of costs following a judgment delivered on 16 March 2018. The defendants sought further arguments on costs, contending that costs should not follow the event because the plaintiffs failed on most issues, save for the breach of contract claim. The court affirmed its original order for costs to follow the event, awarding costs to the plaintiffs against the 3rd defendant, and to the 1st and 4th defendants against the plaintiffs, and costs to the 1st, 2nd, and 3rd plaintiffs against the 3rd and 4th defendants regarding the counterclaim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Costs to follow the event affirmed; costs awarded to plaintiffs against the 3rd defendant, and to the 1st and 4th defendants against the plaintiffs; costs awarded to the 1st, 2nd, and 3rd plaintiffs against the 3rd and 4th defendants regarding the counterclaim.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Costs dispute following a breach of contract claim where the plaintiffs succeeded on one issue but failed on others. The court affirmed costs to follow the event.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Long Well Group Limited | Plaintiff | Corporation | Costs awarded against 3rd defendant, Costs awarded to 1st and 4th defendants, Costs awarded against 3rd and 4th defendants regarding counterclaim | Won, Lost, Won | Tan Tee Jim, Christopher James De Souza, Amanda Lim Jia Yan, Basil Lee, Gayathri Sivasurian |
| PT Citrabumi Sacna | Plaintiff | Corporation | Costs awarded against 3rd defendant, Costs awarded to 1st and 4th defendants, Costs awarded against 3rd and 4th defendants regarding counterclaim | Won, Lost, Won | Tan Tee Jim, Christopher James De Souza, Amanda Lim Jia Yan, Basil Lee, Gayathri Sivasurian |
| Private Energy Pte Ltd | Plaintiff | Corporation | Costs awarded against 3rd defendant, Costs awarded to 1st and 4th defendants, Costs awarded against 3rd and 4th defendants regarding counterclaim | Won, Lost, Won | Tan Tee Jim, Christopher James De Souza, Amanda Lim Jia Yan, Basil Lee, Gayathri Sivasurian |
| First Power International Limited | Plaintiff | Corporation | Costs awarded against 3rd defendant, Costs awarded to 1st and 4th defendants, Costs awarded against 3rd and 4th defendants regarding counterclaim | Won, Lost, Won | Tan Tee Jim, Christopher James De Souza, Amanda Lim Jia Yan, Basil Lee, Gayathri Sivasurian |
| Commerzbank Aktiengesellschaft | Defendant | Corporation | Costs awarded against plaintiffs | Won | Andre Yeap, Lai Yew Fei, Khelvin Xu Cunhan |
| Commerz Asset Management Asia Pacific Pte Ltd | Defendant | Corporation | Neutral | Neutral | Andre Yeap, Lai Yew Fei, Khelvin Xu Cunhan |
| Commerzbank Asset Management Asia Ltd | Defendant | Corporation | Costs awarded against plaintiffs, Costs awarded to plaintiffs regarding counterclaim | Lost, Won | Andre Yeap, Lai Yew Fei, Khelvin Xu Cunhan |
| Commerz Asia Best SPC | Defendant | Corporation | Costs awarded against plaintiffs, Costs awarded to plaintiffs regarding counterclaim | Won, Lost | Andre Yeap, Lai Yew Fei, Khelvin Xu Cunhan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Tee Jim | Lee & Lee |
| Christopher James De Souza | Lee & Lee |
| Amanda Lim Jia Yan | Lee & Lee |
| Basil Lee | Lee & Lee |
| Gayathri Sivasurian | Lee & Lee |
| Andre Yeap | Rajah & Tann Singapore LLP |
| Lai Yew Fei | Rajah & Tann Singapore LLP |
| Khelvin Xu Cunhan | Rajah & Tann Singapore LLP |
4. Facts
- The plaintiffs succeeded on the breach of contract claim.
- The defendants requested further arguments on the issue of costs.
- The plaintiffs were awarded more than 80% of the amount claimed.
- The defendants argued that costs should not follow the event because the plaintiffs failed on most issues.
- The plaintiffs argued that the request for further arguments was procedurally defective.
5. Formal Citations
- Long Well Group Ltd and others v Commerzbank AG and others, , [2018] SGHC 164
6. Timeline
| Date | Event |
|---|---|
| Judgment delivered in respect of the substantive matters in the suit. | |
| Defendants requested leave to make further arguments on the issue of costs. | |
| Hearing date. | |
| Hearing date. | |
| Judgment reserved. |
7. Legal Issues
- Costs
- Outcome: The court affirmed its original order for costs to follow the event.
- Category: Procedural
- Related Cases:
- [2001] 2 SLR(R) 246
8. Remedies Sought
- Costs
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Thomson Plaza (Pte) Ltd v Liquidators of Yaohan Department Store Singapore Pte Ltd (in liquidation) | High Court | Yes | [2001] 2 SLR(R) 246 | Singapore | Cited for the principle that a judge has inherent jurisdiction to recall a decision and hear further arguments so long as the order is not yet perfected. |
13. Applicable Rules
| Rule Name |
|---|
| Supreme Court Practice Directions |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Costs to follow the event
- Further arguments
- Inherent jurisdiction
- Procedurally defective
15.2 Keywords
- costs
- breach of contract
- civil procedure
- Singapore High Court
16. Subjects
- Civil Procedure
- Costs
17. Areas of Law
- Civil Procedure
- Contract Law
- Costs