Successful Appellant Fails to Get Reimbursement of Damages Paid on Behalf of All Co-defendants in Satisfaction of Trial Judgment

In commercial disputes, it is not uncommon for there to be multiple plaintiffs or defendants, which may also be related entities, represented by the same set of counsel. In Crest Capital Asia Pte Ltd v OUE Lippo Healthcare Ltd [2021] SGCA 57, the Singapore Court of Appeal highlighted the importance of distinguishing between the principals despite their common representation. 

The High Court had found a number of related defendants jointly and severally liable to the plaintiff for damages. One of the defendants made payment of the judgment sum and costs to the plaintiff, but was subsequently successful on appeal (although three of the defendants remained liable to the plaintiff). The successful defendant failed to obtain repayment of the funds from the plaintiff, with the Court of Appeal finding that the defendant should look to the other defendants for reimbursement.

The plaintiff was successfully represented in this appeal by Lee Eng Beng S.C., Mark Cheng, Jansen Chow, Sasha Gonsalves and Dawn Seow of Rajah & Tann Singapore LLP.