CGG v CGH: Appeal on Recovery of Legal Fees in Family Proceedings
In CGG v CGH, the Appellate Division of the High Court of Singapore heard an appeal against the decision of the General Division of the High Court, regarding the appellant's claim for unrecovered legal fees, disbursements, and goods and services tax incurred in relation to a summons filed by the respondent in the Family Justice Courts. The court dismissed the appeal, holding that the rule against recovery of unrecovered legal costs, issue estoppel, and res judicata applied to preclude the appellant’s claim.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Family
1.4 Judgment Type
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the recovery of legal fees incurred in Family Justice Courts. The court dismissed the appeal, citing the rule against recovery of unrecovered legal costs.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge of the Appellate Division | Yes |
| Woo Bih Li | Judge of the Appellate Division | No |
| See Kee Oon | Judge of the High Court | No |
4. Counsels
4. Facts
- Parties entered into a Deed of Separation on 6 June 2018.
- Divorce proceedings commenced in the Family Justice Courts.
- Interim judgment was granted on 4 September 2018, including a consent order.
- Final judgment was granted on 5 December 2018.
- Respondent filed FC/SUM 2286/2019 seeking to vary the Consent Order.
- FC/SUM 2286/2019 was dismissed on 20 November 2019.
- Appellant filed HC/OS 192/2020 seeking to recover legal fees.
5. Formal Citations
- CGG v CGH, Civil Appeal No 19 of 2021, [2021] SGHC(A) 7
6. Timeline
| Date | Event |
|---|---|
| Parties' marriage broke down | |
| Deed of Separation entered into | |
| Interim judgment granted in the Family Justice Courts | |
| Final judgment granted in the divorce proceedings | |
| Respondent filed FC/SUM 2286/2019 in the Family Justice Courts | |
| FC/SUM 2286/2019 was dismissed | |
| Appellant filed HC/OS 192/2020 | |
| Decision of the General Division of the High Court in CGG v CGH delivered | |
| Judgment delivered |
7. Legal Issues
- Recovery of Legal Costs
- Outcome: The court held that the appellant's claim for costs was precluded by the rule against recovery of unrecovered legal costs, issue estoppel, and abuse of process.
- Category: Substantive
- Sub-Issues:
- Rule against recovery of unrecovered legal costs
- Contractual indemnity
- Issue estoppel
- Abuse of process
- Interpretation of Indemnity Provision
- Outcome: The court interpreted the indemnity provision as requiring a revisiting of ancillary matters in breach of the Deed and/or the Consent Order for the right to an indemnity to arise.
- Category: Substantive
- Sub-Issues:
- Scope of indemnity
- Conditions for indemnity
- Enforcement of indemnity
8. Remedies Sought
- Recovery of Legal Fees
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Enforcement of Indemnity
10. Practice Areas
- Family Litigation
- Appellate Practice
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Maryani Sadeli v Arjun Permanand Samtani and another and other appeals | Court of Appeal | Yes | [2015] 1 SLR 496 | Singapore | Cited for the rule against recovery of unrecovered legal costs. |
| Then Khek Koon and another v Arjun Permanand Samtani and another and other suits | Unknown | Yes | [2014] 1 SLR 245 | Singapore | Cited regarding the interpretation of indemnity provisions and the timing of enforcing contractual rights. |
| John and others v Price Waterhouse (a firm) and another (Frere Cholmeley (a firm) and another, Part 20 defendants) | Unknown | Yes | [2002] 1 WLR 953 | England and Wales | Cited regarding the procedural issue of whether a contractual claim under an indemnity should be dealt with in the same proceeding or a fresh action. |
| Abigroup Ltd v Sandtara Pty Ltd | New South Wales Court of Appeal | Yes | [2002] NSWCA 45 | Australia | Cited regarding the timing of when a right to enforce a contractual indemnity crystallizes. |
| NSL Oilchem Waste Management Pte Ltd v Prosper Marine Pte Ltd and other suits | High Court | Yes | [2020] SGHC 204 | Singapore | Cited as a local case where indemnity costs pursuant to costs agreements were ordered in the same proceedings in relation to which costs were sought. |
| BNP Paribas SA v Jacob Agam and another | Singapore International Commercial Court | Yes | [2018] 3 SLR 1 | Singapore | Cited regarding the court's discretion over costs and the possibility of overriding contractual agreements on legal costs to avoid manifest injustice. |
| Turf Club Auto Emporium Pte Ltd and others v Yeo Boong Hua and others and another appeal and other matters | Unknown | Yes | [2017] 2 SLR 12 | Singapore | Cited for the elements of issue estoppel. |
| Henderson v Henderson | Unknown | Yes | (1843) 67 ER 313 | England | Cited for the doctrine that precludes a party from raising matters in subsequent proceedings that could and should have been raised in earlier proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| O 56A r 5(b) of the Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Deed of Separation
- Consent Order
- Indemnity Provision
- Unrecovered Legal Costs
- Issue Estoppel
- Abuse of Process
- Ancillary Matters
- Costs Order
15.2 Keywords
- legal fees
- family law
- indemnity
- costs
- appeal
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 90 |
| Costs | 70 |
| Civil Litigation | 60 |
| Legal fees | 60 |
| Contract Law | 50 |
| Deed of Separation | 40 |
16. Subjects
- Family Law
- Civil Procedure
- Contract Law
- Legal Costs
- Divorce