Tjiang Giok Moy v Ang Jimmy Tjun Min: Costs for Non-Party Document Production in Civil Procedure
In Tjiang Giok Moy and Ang Eileen v Ang Jimmy Tjun Min, the High Court of Singapore addressed the issue of costs following the dismissal of the Defendant's application for a document production order against a non-party, Citibank NA. The Claimants successfully objected to the order. Kwek Mean Luck J ruled that the Claimants, as a successful party, were entitled to costs on a standard basis for Summons No 308 of 2024 and Summons No 1189 of 2024, but denied their request for costs on an indemnity basis.
1. Case Overview
1.1 Court
General Division of the High Court1.2 Outcome
Claimants awarded costs on a standard basis; application for indemnity costs denied.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses whether claimants are entitled to costs after successfully objecting to a non-party document production order. The court dismissed the defendant's application and awarded costs to the claimants.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ang Jimmy Tjun Min | Defendant, Applicant | Individual | Application Dismissed | Lost | |
| Tjiang Giok Moy | Claimant | Individual | Costs awarded | Won | |
| Ang Eileen | Claimant | Individual | Costs awarded | Won | |
| Citibank NA | Other | Corporation | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judge | Yes |
4. Counsels
4. Facts
- The Defendant applied for an order for production of documents against Citibank NA.
- The Claimants objected to the production order.
- The Defendant applied for leave to amend the summons for production of documents.
- The High Court dismissed both the application for production of documents and the application for leave to amend.
- The Claimants sought costs on an indemnity basis.
- The Defendant argued that the Claimants should pay costs or bear their own costs.
5. Formal Citations
- Tjiang Giok Moy and another v Ang Jimmy Tjun Min, Originating Claim No 56 of 2022 (Summonses Nos 308 and 1189 of 2024), [2024] SGHC 146
6. Timeline
| Date | Event |
|---|---|
| Originating Claim No 56 of 2022 filed | |
| Hearing date | |
| Summons Nos 308 and 1189 of 2024 dismissed | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Entitlement to Costs
- Outcome: The court held that the Claimants were entitled to costs on a standard basis as a successful party, but denied their request for costs on an indemnity basis.
- Category: Procedural
- Sub-Issues:
- Costs on standard basis
- Costs on indemnity basis
- Related Cases:
- [2010] 4 SLR 607
- [2016] 5 SLR 103
- Locus Standi
- Outcome: The court held that the Claimants had locus standi to be heard in the Defendant's application for production of documents against Citibank NA.
- Category: Procedural
- Related Cases:
- [2010] 4 SLR 607
8. Remedies Sought
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Xing Rong Pte Ltd (formerly known as Huadi Projects Pte Ltd) v Visionhealthone Corp Pte Ltd | Court of Appeal | Yes | [2010] 4 SLR 607 | Singapore | Cited for the principle that a party to the main suit has locus standi to object to a discovery application against a non-party if their interests are affected. |
| SEF Construction Pte Ltd v Skoy Connected Pte Ltd | High Court | Yes | [2010] 1 SLR 733 | Singapore | Cited for the principle of natural justice, encapsulated in the maxim “audi alteram partem”, that parties must be given an opportunity to be heard. |
| PNG Sustainable Development Program Ltd v Rex Lam Paki and others | High Court | Yes | [2022] SGHC 188 | Singapore | Cited for the principle of natural justice, encapsulated in the maxim “audi alteram partem”, that parties must be given an opportunity to be heard. |
| 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 for costs on the indemnity basis is an exception, rather than a norm, and for the categories of conduct that may warrant such an order. |
| Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd | High Court | Yes | [2013] SGHC 274 | Singapore | Cited for the principle that there must be some conduct or circumstance that takes the case out of the norm before an indemnity order can be made. |
| Three Rivers District Council v The Governor and Co of the Bank of England (No 6) | High Court of Justice | Yes | [2006] EWHC 816 (Comm) | England and Wales | Cited for the principle that there must be some conduct or circumstance that takes the case out of the norm before an indemnity order can be made. |
13. Applicable Rules
| Rule Name |
|---|
| Order 21 r 2(1) of the Rules of Court 2021 |
| Order 21 r 3(2) of the Rules of Court 2021 |
| Order 21 r 2(2)(f) of the Rules of Court 2021 |
| Order 3 r 5(8) of the ROC 2021 |
| Order 24 r 6(2) of the ROC 2014 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Production of documents
- Non-party discovery
- Locus standi
- Costs
- Indemnity costs
- Standard costs
15.2 Keywords
- costs
- civil procedure
- discovery
- non-party
- production of documents
- locus standi
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Civil Practice | 70 |
| Evidence Law | 60 |
| Duty of Candour | 40 |
| Principles | 30 |
16. Subjects
- Civil Procedure
- Costs
- Discovery