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Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274
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[2013] SGHC 274
General Division of the High Court of Singapore18 Dec 2013Suit 872 of 2012
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Cited in 14 later decisions. No negative treatment detected.
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“sts to the defendant on an indemnity basis as his conduct was nowhere as reprehensible as that of the plaintiffs in Wong Meng Cheong. In the case of Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274, which was also cited by the defendant, the court had declined to award indemnity costs to the successfu”
“ee Rivers District Council and Others v Governor and Company of the Bank of England [2006] 5 Costs LR 714 (“The Three Rivers”) and the local case of Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 (“Tan Chin Yew”).”
“sts should be ordered on the indemnity basis. Among these is the conduct of all the parties, including conduct before and during the proceedings. In Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 (“Joseph Tan”) at [98], Vinodh Coomaraswamy J observed that apart from the factors set out in O 59 r 5,”
“n the documentary evidence supporting such involvement and the fact that their claim against her is at most thin and, in some respects, far-fetched: Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [99].”
“decision in Lee Tat when he filed the counterclaim. Knowingly pursuing a hopeless claim is a factor that might lead to an award of indemnity costs: Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [99], citing Three Rivers District Council v The Governor and Co of the Bank of England (No 6) [2006]”
“Vinodh Coomaraswamy J in Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [98] considered when an award of indemnity costs should be made:”
“xceptional circumstances” (at [29]). Indeed, the “burden on a party who seeks an order for indemnity costs as a matter of discretion is…a high one” (Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [97]).”
“The general rule is that costs are awarded on an indemnity basis only in exceptional circumstances: Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274. That said, the position differs when there is a contractual agreement on costs. In such situations, the question turns to whether the party seeking inde”
“court to keep to the Court of Appeal’s view on costs. She also argues that the burden on a party seeking an order for indemnity costs is a high one (Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 (“Joseph Tan”) at [97]), and that the defendants have not met this threshold.”
“it is “dispatched quickly during cross-examination … is taking a high risk and can ordinarily expect to pay indemnity costs when his claim fails.” (Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [100]).”
“trust at [51]–[53]. In Three Rivers District Council v The Governor and Co of the Bank of England (No 6) [2006] EWHC 816 (Comm) at [25], as cited in Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 (“Tan Chin Yew Joseph”) at [99], Tomlinson J found that the critical requirement before an indemnity ord”
“Sumito and others v Antig Investments Pte Ltd [2009] 4 SLR(R) 732 at [71]. His cross claim is irreconcilable with the contemporaneous documents (see Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 at [99(5)] and [99(8)(f)]) and his prior conduct. As stated above, his cross claim was an afterthought d”
“Second, the defendants rely on Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 and Airtrust, where the court declined to award indemnity costs on account of the counsel’s economical conduct of the trial. I have no hesitation in commending both sets of counsel – they conducted t”
“The defendant emphasised that following Sandipala and Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274 (“Tan Chin Yew Joseph”), the burden on a party who seeks an order for indemnity costs is a high one. The defendant pointed out that the plaintiff had amended its pleadings five times, and the third a”
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Tan Chin Yew Joseph v Saxo Capital Markets Pte Ltd [2013] SGHC 274
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Case No: Suit 872 of 2012
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Court: General Division of the High Court of Singapore
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Decision Date: 2013-12-18
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