Koh v Tay

The matter of Koh v Tay was before the court where the plaintiff, Koh, sought an order for costs on an indemnity basis. The dispute between the parties was settled after the delivery of judgment, following the exchange of a Calderbank letter. The court had to determine whether the plaintiff was entitled to costs on an indemnity basis in accordance with the Rules of the Supreme Court. The primary legal issue before the court was whether the plaintiff's application for indemnity costs complied with the requirements set out in O 24A r 10(4) of the Rules of the Supreme Court.

The court considered the requirements of O 24A r 10(4) and noted that the plaintiff's application for indemnity costs was made in compliance with the procedural requirements. The court held that the plaintiff was entitled to costs on an indemnity basis, provided that the Rules of the Supreme Court were complied with. However, the court found that the plaintiff's application did not meet the substantive requirements for an indemnity costs order under the Rules. The court concluded that the plaintiff was not entitled to an order for indemnity costs. The court therefore dismissed the plaintiff's application for indemnity costs.

No further orders were made by the court in relation to the application for indemnity costs. The court's decision was based on the procedural and substantive requirements for indemnity costs under the Rules of the Supreme Court. The court found that while the plaintiff had complied with the procedural requirements, the substantive requirements for an indemnity costs order were not met. As a result, the plaintiff's application for indemnity costs was refused.