Crescendas Bionics v Jurong Primewide: Costs Dispute in Construction Delay Case

In a long-standing dispute between Crescendas Bionics Pte Ltd and Jurong Primewide Pte Ltd, the High Court of Singapore addressed the issue of costs following a bifurcated trial concerning delays in a construction project. Crescendas sued Jurong Primewide, who counterclaimed. The court found Jurong Primewide liable for a portion of the delays and ordered them to pay Crescendas a substantial sum. The court determined Crescendas was the successful party and outlined the allocation of legal costs and disbursements for both tranches of the trial and various interlocutory matters.

1. Case Overview

1.1 Court

General Division of the High Court of the Republic of Singapore

1.2 Outcome

Crescendas Bionics is the successful party and is entitled to costs for both the first tranche and the second tranche of the trial.

1.3 Case Type

Civil

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Costs dispute between Crescendas Bionics and Jurong Primewide over a construction project delay. The court determined the allocation of legal costs and disbursements.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Crescendas Bionics Pte LtdPlaintiff, Defendant in counterclaimCorporationSuccessful party entitled to costsWon
Jurong Primewide Pte LtdDefendant, Plaintiff in counterclaimCorporationUnsuccessful party liable for costsLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeSenior JudgeYes

4. Counsels

Counsel NameOrganization
Leong LijieTan Kok Quan Partnership
Parmar Karam SinghTan Kok Quan Partnership
Koh Kia JengDentons Rodyk & Davidson LLP
Lau Wen JinDentons Rodyk & Davidson LLP
Alexander Choo Wei WenDentons Rodyk & Davidson LLP

4. Facts

  1. Crescendas and Jurong Primewide entered into a Letter of Intent for a construction project.
  2. Disagreements arose regarding obligations and responsibilities under the Letter of Intent.
  3. The project completion was delayed beyond the stipulated 18-month period.
  4. Crescendas filed a suit against Jurong Primewide, who counterclaimed.
  5. The trial was bifurcated into liability and damages phases.
  6. The Court of Appeal found Jurong Primewide responsible for 161 days of delay.
  7. The Appellate Division determined the quantum of damages for the delay.

5. Formal Citations

  1. Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd, Suit No 477 of 2015, [2023] SGHC 209
  2. Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd, , [2019] SGHC 4
  3. Jurong Primewide Pte Ltd v Crescendas Bionics Pte Ltd and another appeal, , [2019] SGCA 63
  4. Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd, , [2021] SGHC 189
  5. Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd and other appeals, , [2023] SGHC(A) 9

6. Timeline

DateEvent
Letter of Intent signed between Crescendas and Jurong Primewide
Crescendas engaged JPW as the management contractor to build Biopolis 3
Project certified as completed
Suit No 477 of 2015 filed by Crescendas against JPW
High Court made findings on liabilities of the parties in Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd [2019] SGHC 4
Liability Judgment (HC) was largely affirmed by the Court of Appeal in Jurong Primewide Pte Ltd v Crescendas Bionics Pte Ltd and another appeal [2019] SGCA 63
By-consent order of the Court setting out settlement agreement was issued
High Court made its findings on the general damages owed to Crescendas by JPW in Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd [2021] SGHC 189
Appellate Division of the High Court released its decision on the appeals in Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd and other appeals [2023] SGHC(A) 9
Judgment issued regarding costs of proceedings

7. Legal Issues

  1. Allocation of Legal Costs
    • Outcome: The court determined the allocation of legal costs, considering the success of each party on various issues and the overall outcome of the litigation.
    • Category: Procedural
    • Sub-Issues:
      • Reasonableness of expert fees
      • Proportionality of costs to success
      • Impact of extreme positions taken by parties
    • Related Cases:
      • [2022] 5 SLR 525
  2. Determination of Successful Party
    • Outcome: The court found that Crescendas was the successful party as it was ultimately entitled to receive a substantial sum of money from Jurong Primewide.
    • Category: Procedural
    • Sub-Issues:
      • Impact of claims and counterclaims
      • Overall outcome of litigation
      • Entitlement to receive money
    • Related Cases:
      • [2007] EWCA Civ 368
      • [2007] EWHC 2699 (Comm)
      • [2005] EWCA Civ 358
      • [2003] EWCA Civ 402
      • [2008] EWHC 2280 (TCC)

8. Remedies Sought

  1. Monetary Damages
  2. Costs

9. Cause of Actions

  • Breach of Contract
  • Delay Damages

10. Practice Areas

  • Commercial Litigation
  • Construction Litigation

11. Industries

  • Construction
  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Crescendas Bionics Pte Ltd v Jurong Primewide Pte LtdHigh CourtYes[2019] SGHC 4SingaporeFindings on the liabilities of the parties in the first tranche of the trial.
Jurong Primewide Pte Ltd v Crescendas Bionics Pte Ltd and another appealCourt of AppealYes[2019] SGCA 63SingaporeAffirmed the High Court's decision on liability, with some adjustments to the computation of delay days.
Crescendas Bionics Pte Ltd v Jurong Primewide Pte LtdHigh CourtYes[2021] SGHC 189SingaporeFindings on the general damages owed to Crescendas by JPW in the second tranche of the trial.
Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd and other appealsAppellate Division of the High CourtYes[2023] SGHC(A) 9SingaporeDecision on the appeals related to the second tranche of the trial, concerning the assessment of damages.
Comfort Management Pte Ltd v OGSP Engineering Pte Ltd and anotherHigh CourtYes[2022] 5 SLR 525SingaporeCited for the principles on awarding costs and the court's discretion in doing so.
Straker v Tudor Rose (a firm)English Court of AppealYes[2007] EWCA Civ 368England and WalesCited for the principle of ascertaining the overall outcome of the litigation to determine the successful party.
HLB Kidsons (A Firm) v Lloyds Underwriters subscribing to Lloyds Policy No 621/PKID00101 & OthersEnglish High CourtYes[2007] EWHC 2699 (Comm)England and WalesCited for the principle of ascertaining the overall outcome of the litigation to determine the successful party.
Burchell v BullardEnglish Court of AppealYes[2005] EWCA Civ 358England and WalesCited for the principle that in commercial litigation, the successful party is the one entitled to receive money.
AL Barnes Limited v Time Talk (UK) LimitedEnglish Court of AppealYes[2003] EWCA Civ 402England and WalesCited for the principle that in commercial litigation, the successful party is the one entitled to receive money.
Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and anotherEnglish High CourtYes[2008] EWHC 2280 (TCC)England and WalesCited for the principle that in litigation with claims and counterclaims, the successful party is the one with a balance in their favor.
Re Elgindata Limited (No. 2)UnknownYes[1992] 1 WLR 1207UnknownCited for the importance of identifying the successful party at the outset of exercising the discretion to award costs.
Tullio Planeta v Maoro Andrea GUnknownYes[1994] 2 SLR(R) 501SingaporeCited for the criteria to be satisfied under O 59 r 6A of the ROC 2014.

13. Applicable Rules

Rule Name
Rules of Court 2014

14. Applicable Statutes

Statute NameJurisdiction
Supreme Court of Judicature Act 1969Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Disbursements
  • Legal Costs
  • Expert Fees
  • Delay
  • Letter of Intent
  • Preliminaries Sum
  • Shared Savings
  • Acts of Prevention
  • General Damages
  • Interlocutory Matters

15.2 Keywords

  • construction
  • delay
  • costs
  • litigation
  • singapore
  • crescendas
  • jurong primewide

17. Areas of Law

Area NameRelevance Score
Costs95
Civil Practice80
Civil Litigation75
Litigation70
Contract Law60
Damages Assessment60
Damages60
Breach of Contract50
Contracts50
Construction Law40
Building and Construction Contracts40
Construction Litigation40
Contractual terms30
Construction30

16. Subjects

  • Construction Dispute
  • Contract Law
  • Civil Procedure
  • Costs