Harry Elias Partnership LLP successfully defeats an appeal to the Appellate Division on a contractual claim for unrecovered costs of prior proceedings
Our Partner, Tan Chau Yee, and Senior Associates, Kok Yee Keong and Marcus Ho, successfully defended the appeal in CGG v CGH [2021] SGHC(A) 7[1], where the Appellate Division of the High Court of Singapore[2] clarified the ambit of the rule in Maryani Sadeli v Arjun Permanand Samtani and another and other appeals [2015] 1 SLR 496 (SGCA) (“Maryani”). This is significant, as previously, there was arguable ambiguity on whether the Maryani rule – that unrecovered costs of prior proceedings cannot be claimed in a subsequent claim for damages – was limited to claims for damages only or whether it also extends to other types of claims, such as a contractual claim.
This article covers key learning points from CGG v CGH [2021] SGHC(A) 7 regarding the recovery of legal costs and the enforcement of contractual indemnity on costs, which litigants and lawyers ought to be mindful of during the pursuit of legal proceedings.
Article also featured on Singapore Law Watch > Commentaries > Judgments, on 1 September 2021: https://www.singaporelawwatch.sg/Commentaries
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[1] The ex tempore judgment may be viewed at: https://www.elitigation.sg/gdviewer/SUPCT/gd/2021_SGHCA_7
[2] The Appellate Division hears all civil appeals from the High Court which are not allocated to the Court of Appeal. Further appeal to the Court of Appeal requires leave and only on points of law of public importance. In CGG v CGH [2021] SGHC(A) 7, the coram comprises the Honourable Belinda Ang JAD, Woo Bih Li JAD and See Kee Oon J.