Anpex Pte Ltd v Cheng Yong Sun: Costs Dispute in Conspiracy to Misappropriate Funds Case

In Anpex Pte Ltd v Cheng Yong Sun and another, Suit No 415 of 2021, the High Court of Singapore heard an application for costs following a judgment in favor of the plaintiff, Anpex Pte Ltd, against the defendants, Cheng Yong Sun and Lee Chai Yun, Winnie, for conspiracy to misappropriate funds. The court dismissed the plaintiff's application for costs against the second defendant, who was legally aided, finding no evidence of improper conduct or misrepresentation in obtaining legal aid. The judgment was delivered by Choo Han Teck J on 25 November 2022.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

The plaintiff's application for costs is dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Costs dispute following judgment against defendants for conspiracy to misappropriate funds. The court dismissed the plaintiff's application for costs against the legally aided defendant.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anpex Pte LtdPlaintiffCorporationApplication for costs dismissedLost
Cheng Yong SunDefendantIndividualJudgment entered againstLost
Lee Chai Yun, WinnieDefendantIndividualApplication for costs dismissedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Farhan TyeballyGomez & Vasu LLC
Ng Boon GanVanillaLaw LLC

4. Facts

  1. The plaintiff sought costs against the second defendant after winning a judgment for misappropriated funds.
  2. The second defendant was legally aided throughout the proceedings.
  3. The plaintiff argued the second defendant acted improperly in defending the proceedings.
  4. The second defendant claimed the first defendant lied to her about the transactions.
  5. The court found the second defendant met the criteria for legal aid at the time of application.
  6. The court found no evidence the second defendant obtained legal aid by fraud or misrepresentation.

5. Formal Citations

  1. Anpex Pte Ltd v Cheng Yong Sun and another, Suit No 415 of 2021, [2022] SGHC 294

6. Timeline

DateEvent
Substantive Judgment delivered
Second defendant applied for legal aid
Suit No 415 of 2021 filed
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Costs
    • Outcome: The court dismissed the plaintiff's application for costs against the second defendant.
    • 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
Anpex Pte Ltd v Cheng Yong Sun and anotherHigh CourtYes[2022] SGHC 115SingaporeThe substantive judgment in which the court found the defendants liable for conspiracy to misappropriate funds.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Legal Aid and Advice Act (Cap 160, 2014 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Legal aid
  • Misappropriation
  • Conspiracy
  • Improper conduct
  • Fraud
  • Misrepresentation

15.2 Keywords

  • costs
  • legal aid
  • misappropriation
  • conspiracy

17. Areas of Law

Area NameRelevance Score
Costs95
Civil Procedure80
Civil Practice75
Legal Profession Act65
Fraud and Deceit60
Inducement of Breach of Contract55
Duty to Account50
Unjust Enrichment45
Fiduciary Duties40
Money Laundering35
Administrative Law25
Criminal Revision20
Criminal Law15

16. Subjects

  • Civil Procedure
  • Costs
  • Legal Aid