How Weng Fan v Sengkang Town Council: Costs Allocation in AHTC Negligence Case
The Court of Appeal of Singapore heard appeals regarding the liability of members and senior employees of Aljunied-Hougang Town Council (AHTC) to AHTC and Sengkang Town Council (STC). The court determined the allocation of costs, ordering STC and AHTC to pay costs to How Weng Fan, Sylvia Lim Swee Lian, Low Thia Khiang, Pritam Singh, Chua Zhi Hon, Kenneth Foo Seck Guan and FM Solutions & Services Pte Ltd, considering the degree of success of each party in the appeals.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Costs orders made against Sengkang Town Council and Aljunied-Hougang Town Council.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal determined the allocation of costs in a case involving negligence claims against AHTC members and employees.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Pritam Singh | Appellant | Individual | Appeal allowed in part | Partial | |
| How Weng Fan | Appellant, Respondent | Individual | Appeal allowed in part | Partial | |
| How Weng Fan (Personal representative of the estate of Danny Loh Chong Meng, deceased, in his personal capacity and trading as FM Solutions & Integrated Services) | Appellant, Respondent | Individual | Appeal allowed in part | Partial | |
| FM Solutions & Services Pte Ltd | Appellant | Corporation | Appeal allowed in part | Partial | |
| Sengkang Town Council | Respondent, Appellant | Statutory Board | Costs order made against | Lost | |
| Sylvia Lim Swee Lian | Appellant, Respondent | Individual | Appeal allowed in part | Partial | |
| Low Thia Khiang | Appellant, Respondent | Individual | Appeal allowed in part | Partial | |
| Chua Zhi Hon | Appellant | Individual | Appeal allowed in part | Partial | |
| Kenneth Foo Seck Guan | Appellant | Individual | Appeal allowed in part | Partial | |
| Aljunied-Hougang Town Council | Respondent | Statutory Board | Costs order made against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | Yes |
| Judith Prakash | Justice of the Court of Appeal | No |
| Tay Yong Kwang | Justice of the Court of Appeal | No |
| Woo Bih Li | Judge of the Appellate Division | No |
| Andrew Phang Boon Leong | Senior Judge | No |
4. Counsels
4. Facts
- The appeals concerned the liability of AHTC members and senior employees to AHTC and STC.
- The Town Councillors and Employees were co-defendants in the Suits below.
- The Town Councillors were represented by Tan Rajah & Cheah, while the Employees and FMSS were represented by Netto & Magin LLC.
- AHTC and STC were represented by Shook Lin & Bok LLP and Tan Kok Quan Partnership, respectively.
- The court reversed many of the Judge’s factual findings and legal conclusions.
- The court held that the Town Councillors and the Employees were negligent in permitting the control failures in the System to exist.
5. Formal Citations
- How Weng Fan and others v Sengkang Town Council and other appeals, , [2023] SGCA 42
- How Weng Fan and others v Sengkang Town Council, Civil Appeal No 196 of 2019, Civil Appeal No 196 of 2019
- How Weng Fan and others v Aljunied-Hougang Town Council, Civil Appeal No 197 of 2019, Civil Appeal No 197 of 2019
- Sylvia Lim Swee Lian and others v Sengkang Town Council, Civil Appeal No 198 of 2019, Civil Appeal No 198 of 2019
- Sylvia Lim Swee Lian and others v Aljunied-Hougang Town Council, Civil Appeal No 199 of 2019, Civil Appeal No 199 of 2019
- Sengkang Town Council v Sylvia Lim Swee Lian and others, Civil Appeal No 200 of 2019, Civil Appeal No 200 of 2019
- Aljunied-Hougang Town Council and Pasir Ris-Punggol Town Council v Sylvia Lim Swee Lian and others, Suit Nos 668 and 716 of 2017, Suit Nos 668 and 716 of 2017
6. Timeline
| Date | Event |
|---|---|
| Civil Appeals Nos 196, 197, 198, 199 and 200 of 2019 filed | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Allocation of Costs
- Outcome: The court determined the appropriate allocation of costs, considering the degree of success of each party in the appeals.
- Category: Procedural
- Negligence
- Outcome: The court found the Town Councillors and Employees negligent in permitting control failures.
- Category: Substantive
8. Remedies Sought
- Costs
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| How Weng Fan and others v Sengkang Town Council and other appeals | Court of Appeal | Yes | [2023] 1 SLR 707 | Singapore | Dealt with the substantive merits of the appeals concerning the liability of members and senior employees of Aljunied-Hougang Town Council. |
| How Weng Fan and others v Sengkang Town Council and other appeals | Court of Appeal | Yes | [2023] 2 SLR 235 | Singapore | Clarified the orders to be made in respect of the Appeals in light of inadequacies in AHTC’s pleadings. |
| Sim Poh Ping v Winsta Holding Pte Ltd and another and other appeals | Court of Appeal | Yes | [2020] 1 SLR 1199 | Singapore | Set out the hybrid approach under which the Town Councillors and the Employees bore the legal burden of showing that the loss would have been sustained by the Town Councils even if the Town Councillors and the Employees had not breached their duties. |
| BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another | Court of Appeal | Yes | [2023] SGCA(I) 8 | Singapore | Cited for the principle that costs are discretionary. |
| Senda International Capital Ltd v Kiri Industries Ltd | Court of Appeal | Yes | [2023] 1 SLR 96 | Singapore | Cited for the indemnity principle. |
| Lim Siew Soo v Sembawang Engineers and Constructors Pte Ltd (in compulsory liquidation) (Metax Eco Solutions Pte Ltd, intervener) | High Court | Yes | [2021] 4 SLR 556 | Singapore | Cited for the indemnity principle. |
| Then Khek Koon and another v Arjun Permanand Samtani and another and other suits | High Court | Yes | [2014] 1 SLR 245 | Singapore | Cited for the indemnity principle. |
| Harold v Smith | Court of Exchequer | Yes | (1860) 5 H & N 381 | England and Wales | Cited for the indemnity principle. |
| Comfort Management Pte Ltd v OGSP Engineering Pte Ltd and another | High Court | Yes | [2022] 5 SLR 525 | Singapore | Cited for the principle that costs follow the event. |
| Roache v News Group Newspapers Limited and others | England and Wales Court of Appeal (Civil Division) | Yes | [1998] EMLR 161 | England and Wales | Cited for the principle of determining the successful party in litigation. |
| Afro-Asia Shipping Co (Pte) Ltd v Da Zhong Investment Pte Ltd and others | High Court | Yes | [2004] 3 SLR(R) 274 | Singapore | Cited for the principle of awarding costs to a defendant who successfully defends against most of the plaintiff's claims. |
| Trans Eurokars Pte Ltd v Koh Wee Meng | High Court | Yes | [2015] SGHCR 6 | Singapore | Cited for the two counsel rule. |
| New Civilbuild Pte Ltd v Guobena Sendirian Berhad and Another | High Court | Yes | [2000] SGHC 47 | Singapore | Cited for the principle that a Certificate of Three Counsel should only be granted exceptionally. |
| 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 | Cited as an illustration of a case where a Certificate of Three Counsel was granted. |
| Colliers International (Singapore) Pte Ltd v Senkee Logistics Pte Ltd | High Court | Yes | [2007] 2 SLR(R) 230 | Singapore | Cited as an illustration of a case where a Certificate of Three Counsel was rejected. |
| Wing Joo Loong Ginseng Hong (Singapore) Co Pte Ltd v Qinghai Xinyuan Foreign Trade Co Ltd and another and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 814 | Singapore | Cited for the principle that parties advancing or supporting the same cause should ordinarily not be entitled to receive separate sets of costs. |
| Attorney-General v Aljunied-Hougang-Punggol East Town Council | Court of Appeal | Yes | [2016] 1 SLR 915 | Singapore | Touched upon briefly the distinction between public law duties and private law duties. |
13. Applicable Rules
| Rule Name |
|---|
| Order 59 Rule 19 of the Rules of Court |
| Order 59 Rule 2(2) of the Rules of Court |
| Order 59 Rule 3(2) of the Rules of Court |
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
- Certificate of Three Counsel
- Negligence
- Control Failures
- Town Council
- Appeals
- Disbursements
- Indemnity Principle
15.2 Keywords
- costs
- negligence
- town council
- singapore
- AHTC
- Sengkang
- Aljunied-Hougang
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Civil Procedure | 80 |
| Civil Litigation | 70 |
| Civil Practice | 60 |
| Fiduciary Duties | 50 |
| Negligence | 40 |
16. Subjects
- Civil Procedure
- Costs
- Local Government Law