Yong Khong Yoong Mark v Ting Choon Meng: Application for Certificate of Three Counsel and Indemnity Costs
In Yong Khong Yoong Mark and others v Ting Choon Meng and another, before the General Division of the High Court on 12 January 2022, Justice Tan Siong Thye dismissed the defendants' application for a Certificate of Three Counsel, a Certificate of Two Counsel, and costs on an indemnity basis. The underlying suit involved claims of fraudulent misrepresentation and conspiracy to defraud.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Summons dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Oral Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application for Certificate of Three Counsel and indemnity costs in a case involving fraudulent misrepresentation and conspiracy to defraud. Application dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Yong Khong Yoong Mark | Plaintiff | Individual | Summons dismissed | Lost | Nair Suresh Sukumaran, Bhatt Chantik Jayesh |
| Emily Hwang Mei Chen | Plaintiff | Individual | Summons dismissed | Lost | Nair Suresh Sukumaran, Bhatt Chantik Jayesh |
| Medivice Investment Limited | Plaintiff | Corporation | Summons dismissed | Lost | Nair Suresh Sukumaran, Bhatt Chantik Jayesh |
| Ting Choon Meng | Defendant | Individual | Summons dismissed | Won | Khan Nazim, Kuan Chu Ching, Kunal Haresh Mirpuri |
| Chua Ngak Hwee | Defendant | Individual | Summons dismissed | Won | Khan Nazim, Kuan Chu Ching, Kunal Haresh Mirpuri |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Siong Thye | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nair Suresh Sukumaran | PK Wong & Nair LLC |
| Bhatt Chantik Jayesh | PK Wong & Nair LLC |
| Khan Nazim | UniLegal LLC |
| Kuan Chu Ching | UniLegal LLC |
| Kunal Haresh Mirpuri | UniLegal LLC |
4. Facts
- The plaintiffs were ordered to pay costs to the defendants in a prior judgment.
- The defendants applied for a Certificate of Three Counsel, or alternatively, a Certificate of Two Counsel.
- The defendants also sought costs on an indemnity basis and costs of the application.
- The trial took more than 19 days and involved more than 31 volumes of documents.
- The plaintiffs' claim was for S$5 million.
- The plaintiffs amended their pleadings on two occasions prior to the start of the trial.
5. Formal Citations
- Yong Khong Yoong Mark and others v Ting Choon Meng and another, Suit No 1140 of 2018 (Summons No 5465 of 2021), [2022] SGHC 4
6. Timeline
| Date | Event |
|---|---|
| Suit filed (Suit No 1140 of 2018) | |
| Judgment delivered ordering plaintiffs to pay costs to the defendants. | |
| Defendants filed Summons No 5465 of 2021. | |
| Oral judgment delivered dismissing Summons No 5465 of 2021. |
7. Legal Issues
- Certificate of Three Counsel
- Outcome: The court declined to grant a Certificate of Three Counsel.
- Category: Procedural
- Certificate of Two Counsel
- Outcome: The court dismissed the application for a Certificate of Two Counsel.
- Category: Procedural
- Costs on Indemnity Basis
- Outcome: The court dismissed the application for costs on the indemnity basis.
- Category: Procedural
8. Remedies Sought
- Certificate of Three Counsel
- Certificate of Two Counsel
- Costs on an indemnity basis
- Costs of the application
9. Cause of Actions
- Fraudulent Misrepresentation
- Conspiracy to Defraud
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yong Khong Yoong Mark and others v Ting Choon Meng and another | High Court | Yes | [2021] SGHC 246 | Singapore | Refers to the original judgment where costs were ordered to be paid by the plaintiffs to the defendants. |
| Ng Eng Ghee and others v Mamata Kapildev Dave and others (Horizon Partners Pte Ltd, intervener) and another appeal | Court of Appeal | Yes | [2009] 4 SLR(R) 155 | Singapore | Cited for the factors to be considered when determining whether the use of more than two solicitors is reasonable. |
| Raffles Town Club Pte Ltd v Lim Eng Hock Peter and others (Tung Yu-Lien Margaret and others, third parties) | High Court | Yes | [2011] 1 SLR 582 | Singapore | Compared to the present case to demonstrate that the present case is not of such exceptional length and complexity as to warrant the use of more than two solicitors. |
| Parakou Shipping Pte Ltd (in liquidation) v Liu Cheng Chan and others | High Court | Yes | [2017] SGHC 91 | Singapore | Compared to the present case to demonstrate that the factual and legal issues in the present case were not so complex as to justify a Certificate of Three Counsel. |
| Airtrust (Hong Kong) Ltd v PH Hydraulics & Engineering Pte Ltd | High Court | Yes | [2016] 5 SLR 103 | Singapore | Cited for the principle that an order of costs on the indemnity basis is the exception rather than the norm and requires justification. |
| GTMS Construction Pte Ltd v Ser Kim Koi (Chan Sau Yan (formerly trading as Chan Sau Yan Associates) and another, third parties | High Court | Yes | [2021] SGHC 33 | Singapore | Compared to the present case to demonstrate that the plaintiffs' conduct did not reach a level of unreasonableness that could be considered as exceptional circumstances which warrant an order for indemnity costs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Order 59 rule 19 of the Rules of Court | Singapore |
| Order 59 r 27(4) of the ROC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Certificate of Three Counsel
- Certificate of Two Counsel
- Indemnity Costs
- Taxation of Costs
- Rules of Court
- Fraudulent Misrepresentation
- Conspiracy to Defraud
15.2 Keywords
- Certificate of Three Counsel
- Indemnity Costs
- Singapore High Court
- Civil Procedure
- Fraudulent Misrepresentation
- Conspiracy to Defraud
16. Subjects
- Civil Procedure
- Costs
17. Areas of Law
- Civil Procedure
- Costs
- Taxation