Kiri Industries Ltd v Senda International Capital Ltd: Costs Against Non-Party
In Kiri Industries Ltd v Senda International Capital Ltd, the Singapore International Commercial Court, presided over by Judges Kannan Ramesh, Roger Giles, and Anselmo Reyes on December 9, 2021, with judgment reserved until December 27, 2021, addressed Kiri's application to make Longsheng jointly and severally liable for the costs payable by Senda in Suit 4 of 2017. The court declined the application, finding insufficient evidence of a close connection between Longsheng and Suit 4 or that Longsheng caused Kiri to incur costs in the suit.
1. Case Overview
1.1 Court
Singapore International Commercial Court1.2 Outcome
Application denied.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Application to make Longsheng jointly liable for Senda's costs in Suit 4 was rejected. The court found no close connection or causation to justify the order.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| DyStar Global Holdings (Singapore) Pte Ltd | Defendant | Corporation | Neutral | Neutral | |
| Kiri Industries Ltd | Plaintiff | Corporation | Application denied | Lost | |
| Senda International Capital Ltd | Defendant | Corporation | Application denied | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judge of the High Court | Yes |
| Roger Giles | International Judge | No |
| Anselmo Reyes | International Judge | No |
4. Counsels
4. Facts
- Kiri applied for an order that Longsheng be made jointly and severally liable for the costs payable by Senda.
- Longsheng was not a party to Suit 4.
- Kiri argued Longsheng had control over Senda as its wholly owned subsidiary.
- Senda was the defendant in Suit 4, defending a claim brought by Kiri.
- Kiri highlighted a statement by Senda that it will not have the funds to comply with the buy-out order.
5. Formal Citations
- Kiri Industries Ltd v Senda International Capital Ltd and another, Suit No 4 of 2017, [2021] SGHC(I) 18
6. Timeline
| Date | Event |
|---|---|
| Suit No 4 of 2017 filed | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Costs against non-party
- Outcome: The court declined to make Longsheng jointly and severally liable with Senda for Kiri’s costs.
- Category: Procedural
- Related Cases:
- [2010] 3 SLR 542
- Joint and several liability for costs
- Outcome: The court declined to impose joint and several liability on Longsheng.
- Category: Procedural
8. Remedies Sought
- Order that Longsheng be made jointly and severally liable for the costs payable by Senda
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Commercial Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| DB Trustees (Hong Kong) Ltd v Consult Asia Pte Ltd and another appeal | Court of Appeal | Yes | [2010] 3 SLR 542 | Singapore | Cited for the test of whether a non-party should be made liable for costs. |
| SIC College of Business and Technology Pte Ltd v Yeo Poh Siah and others | High Court | Yes | [2016] 2 SLR 118 | Singapore | Cited for the principle that a non-party being the sole shareholder of a company does not automatically mean the corporate veil will be lifted and costs ordered against the sole shareholder. |
| Montpelier Business Reorganisation Ltd v Armitage Jones LLP and others | High Court of Justice, Queen’s Bench Division | Yes | [2017] EWHC 2273 (QB) | England and Wales | Cited for the proposition that where a non-party has funded, stood to benefit from, and controlled a claim, it should be treated as the “real party” to the litigation and be made liable for costs. |
| Kiri Industries Ltd v Senda International Capital Ltd and another | Singapore International Commercial Court | Yes | [2021] SGHC(I) 16 | Singapore | The Costs Judgment, in which costs orders were made against Senda. |
13. Applicable Rules
| Rule Name |
|---|
| Order 110 r 46(3)(c) of the Rules of Court (2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Non-party costs
- Joint and several liability
- Close connection
- Causation
- Corporate veil
- Insolvent company
- Risk-free litigation
15.2 Keywords
- Costs
- Non-party
- Liability
- Singapore
- Commercial Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 80 |
| Civil Procedure | 75 |
| Costs against non-party | 70 |
| Joint and several liability for costs | 70 |
| Corporate Law | 20 |
16. Subjects
- Civil Procedure
- Costs
- Non-Party Liability