Larpin v Nargolwala: Costs Determination in SICC Dispute over Property Transaction and Fraud Allegations
In the Singapore International Commercial Court, International Judge Roger Giles addressed the determination of costs in the case of *Christian Alfred Larpin and Quo Vadis Investments Limited v Kaikhushru Shiavax Nargolwala and Aparna Nargolwala*. Following the dismissal of the plaintiffs' claims in the main judgment, this judgment concerns the amount of costs payable by the plaintiffs to the defendants. The court determined that the plaintiffs must pay the defendants S$392,340.78, which includes goods and services tax and disbursements.
1. Case Overview
1.1 Court
Singapore International Commercial Court1.2 Outcome
Plaintiffs to pay the defendants S$392,340.78 inclusive of GST and disbursements.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Singapore International Commercial Court determined the costs payable by the plaintiffs to the defendants after dismissing the plaintiffs' claims related to a property transaction.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Christian Alfred Larpin | Plaintiff | Individual | Costs to be paid to defendants | Lost | |
| Quo Vadis Investments Limited | Plaintiff | Corporation | Costs to be paid to defendants | Lost | |
| Kaikhushru Shiavax Nargolwala | Defendant | Individual | Costs awarded | Won | |
| Aparna Nargolwala | Defendant | Individual | Costs awarded | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Roger Giles | International Judge | Yes |
4. Counsels
4. Facts
- The plaintiffs' claims were dismissed in the substantive proceedings.
- The defendants applied for costs on an indemnity basis, which was dismissed.
- The parties agreed on the amount for disbursements and a pre-trial application.
- The parties disagreed on the amounts for profit costs for the substantive proceedings, the indemnity costs application, and the costs determination.
- The proceedings were transferred from the High Court to the SICC.
- The defendants claimed profit costs of S$374,500 for the substantive proceedings.
- The plaintiffs argued that the claimed costs were disproportionate to costs awarded in another case.
5. Formal Citations
- Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala and another, Suit No 3 of 2020, [2022] SGHC(I) 12
- Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala and another, , [2022] SGHC (I) 4
- Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala and another, , [2022] SGHC(I) 7
6. Timeline
| Date | Event |
|---|---|
| Proceedings commenced in the High Court | |
| Proceedings transferred to the Singapore International Commercial Court | |
| Trial began | |
| Trial continued | |
| Trial continued | |
| Judgment given in the substantive proceedings | |
| Judgment given on indemnity costs application | |
| Submissions received on costs amounts | |
| Judgment reserved |
7. Legal Issues
- Reasonable Costs
- Outcome: The court determined the amount of reasonable costs payable by the plaintiffs to the defendants.
- Category: Procedural
- Related Cases:
- [2022] 1 SLR 88
- [2022] 3 SLR 174
- [2022] SGHC(I) 6
- [2018] 4 SLR 38
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
- International Arbitration
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| CBX and another v CBZ and others | Singapore High Court | Yes | [2022] 1 SLR 88 | Singapore | Cited regarding the determination of costs under Order 110 rule 46 and the relevance of Appendix G. |
| Kiri Industries Ltd v Senda International Capital Ltd and another | Singapore High Court | Yes | [2022] 3 SLR 174 | Singapore | Cited for the interpretation of 'reasonable costs' under the SICC costs regime and the factors to be considered. |
| Lao Holdings NV v The Government of the Lao People’s Democratic Republic | Singapore International Commercial Court | Yes | [2022] SGHC(I) 6 | Singapore | Cited for the principle that the starting point in assessing costs in the SICC is the costs actually incurred by the successful party. |
| CPIT Investments Ltd v Qilin World Capital Ltd and another | Singapore High Court | Yes | [2018] 4 SLR 38 | Singapore | Cited for the need to provide a sufficient breakdown of costs to allow the paying party to understand the work carried out. |
| B2C2 Ltd v Quoine Pte Ltd | Singapore High Court | Yes | [2019] 5 SLR 28 | Singapore | Cited as a comparison for the amount of costs awarded for a five-day trial. |
| Lew, Solomon v Kaikhushru Shiavax Nargolwala and others | Singapore High Court | Yes | [2020] 3 SLR 61 | Singapore | Cited by the plaintiffs to argue that the costs claimed by the defendants were disproportionate. |
| Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala and another | Singapore International Commercial Court | Yes | [2022] SGHC (I) 4 | Singapore | The judgment in the substantive proceedings, which was dismissed, and it was ordered that the plaintiffs pay the defendants’ costs of the proceedings. |
| Larpin, Christian Alfred and another v Kaikhushru Shiavax Nargolwala and another | Singapore International Commercial Court | Yes | [2022] SGHC(I) 7 | Singapore | The defendants’ application for an order that the costs be on the indemnity basis from a particular date was dismissed, and it was ordered that the defendants pay the plaintiffs’ costs of the application. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (2014 Rev Ed) O 110 r 46 | Singapore |
| Rules of Court (2014 Rev Ed) O 59 r 27 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Reasonable costs
- Indemnity costs
- SICC
- Disbursements
- Profit costs
- Transfer case
15.2 Keywords
- costs
- SICC
- Singapore International Commercial Court
- litigation
- civil procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Reasonable costs | 90 |
| Civil Procedure | 70 |
| Principles | 30 |
| Commercial Law | 25 |
| Arbitration | 15 |
16. Subjects
- Costs Assessment
- Civil Litigation