Kazzaz v Standard Chartered Bank: Costs Allocation in Banking Services Dispute
In Sheila Kazzaz and Ahmed Kazzaz v Standard Chartered Bank, Laurence Black, Harish Phoolwani, and Naushid Mithani, the Singapore International Commercial Court, with Anselmo Reyes IJ presiding, addressed the allocation of costs following the dismissal of the Plaintiffs' claims. The court ordered the Plaintiffs to bear the Defendants' legal fees of S$1,100,000 and disbursements of S$113,177.12, £178,672.23, AED88,844.73, and US$4,336.83. The claim concerned the operation of the Plaintiffs’ Accounts, Facilities, and Transactions and the way in which the Defendants provided services in respect of those matters.
1. Case Overview
1.1 Court
SINGAPORE INTERNATIONAL COMMERCIAL COURT1.2 Outcome
Plaintiffs to bear the Defendants' legal fees and disbursements.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Costs allocation in a dispute over banking services. The court ordered the plaintiffs to bear the defendants' legal fees and disbursements.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Standard Chartered Bank | Defendant | Corporation | Legal fees and disbursements to be borne by Plaintiffs | Won | |
| Sheila Kazzaz | Plaintiff | Individual | Bear the Defendants' legal fees and disbursements | Lost | |
| Ahmed Kazzaz | Plaintiff | Individual | Bear the Defendants' legal fees and disbursements | Lost | |
| Laurence Black | Defendant | Individual | Legal fees and disbursements to be borne by Plaintiffs | Won | |
| Harish Phoolwani | Defendant | Individual | Legal fees and disbursements to be borne by Plaintiffs | Won | |
| Naushid Mithani | Defendant | Individual | Legal fees and disbursements to be borne by Plaintiffs | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Anselmo Reyes | International Judge | Yes |
4. Counsels
4. Facts
- Plaintiffs' claims against the Defendants were dismissed in a previous judgment.
- The Court of Appeal dismissed the Plaintiffs' appeal.
- The Defendants claimed legal fees of S$1,100,000 and disbursements in multiple currencies.
- The Plaintiffs argued that the Defendants should receive significantly less in legal fees and disbursements.
- An indemnity clause in the client agreements was a key point of contention.
- The Registrar directed that Appendix G of the Supreme Court Practice Directions should be relevant to the assessment of costs.
- The Plaintiffs maintained allegations of fraudulent misrepresentation and undue influence until just before closing submissions.
5. Formal Citations
- Sheila Kazzaz and another v Standard Chartered Bank and others, Suit No 4 of 2018, [2020] SGHC(I) 19
6. Timeline
| Date | Event |
|---|---|
| Trial began | |
| Trial | |
| Trial | |
| Trial | |
| Judgment dismissing Plaintiffs’ claims issued | |
| Court of Appeal dismissed the appeal | |
| Court of Appeal handed down its reasons | |
| Judgment reserved |
7. Legal Issues
- Allocation of Costs
- Outcome: The court ordered the Plaintiffs to bear the Defendants' legal fees and disbursements.
- Category: Procedural
8. Remedies Sought
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- Banking
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 |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Costs
- Indemnity
- Disbursements
- Legal Fees
- Appendix G
- Full Indemnity Basis
15.2 Keywords
- costs
- legal fees
- disbursements
- indemnity
- banking services
- Singapore International Commercial Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Civil Practice | 75 |
| Civil Procedure | 75 |
| Contract Law | 40 |
| Misrepresentation | 30 |
| Interpretation of contractual terms | 30 |
| Commercial Disputes | 30 |
| Estoppel | 20 |
| Equity | 20 |
| Summary Judgement | 10 |
| Interest | 10 |
| Agency Law | 10 |
16. Subjects
- Costs Allocation
- Banking Services Dispute