BCBC SINGAPORE PTE LTD & Anor v PT BAYAN RESOURCES TBK & Anor

[2023] SGCA(I) 8 Court of Appeal (International) 23 October 2023 CA/CAS 4/2023 52 min read

29 cases cited (15 SG, 14 foreign) Cited by 2 cases

Outcome

Appeal allowed

We therefore allow the appeal and set aside the SICC’s costs orders in relation to the respondents’ post-transfer costs.

Source: [2023] SGCA(I) 8, Court of Appeal (International), decided 23 October 2023. Read directly from the judgment.

Key facts

Court	Court of Appeal (International)
Decided	23 October 2023
Judges	Jonathan Hugh Mance, Judith Prakash, Sundaresh Menon
Charges / claim	Civil Procedure
Outcome	Appeal allowed
Counsel	Davinder Singh Chambers LLC, Rajah & Tann Singapore LLP, Chia Xin Ran Alina, Francis Xavier, Gani Hui Ying Tracy, Jaikanth Shankar, Joel Soon, Rajvinder Singh Chahal, Tan Ruo Yu, Tay Bok Chong Alvin

Source: [2023] SGCA(I) 8, Court of Appeal (International), decided 23 October 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Costs

Practice Areas

Civil Procedure

Judges (3)

Jonathan Hugh Mance Coram Judith Prakash Coram Sundaresh Menon Delivered

Counsel (10)

Davinder Singh Chambers LLC Firm Rajah & Tann Singapore LLP Firm Chia Xin Ran Alina Counsel Appellant Francis Xavier Counsel Appellant Gani Hui Ying Tracy Counsel Appellant Jaikanth Shankar Counsel Respondent Joel Soon Counsel Appellant Rajvinder Singh Chahal Counsel Respondent Tan Ruo Yu Counsel Respondent Tay Bok Chong Alvin Counsel Appellant

Parties (4)

BCBC Singapore Pte Ltd Appellant Bayan International Pte Ltd Respondent Binderless Coal Briquetting Company Pty Limited Appellant PT Bayan Resources TBK Respondent

Case Significance

BCBC Singapore Pte Ltd and another v PT Bayan Resources TBK and another [2023] SGCA(I) 8 is a reserved judgment of the Court of Appeal — Sundaresh Menon CJ (delivering the judgment of the court), Judith Prakash JCA and Jonathan Hugh Mance IJ — delivered on 23 October 2023 on a Civil Appeal from the Singapore International Commercial Court No 4 of 2023. It was the final instalment of proceedings spanning over a decade in which, after three tranches of trial, the SICC awarded the defendants $4,694,633.20 in costs and disbursements, comprising $90,000 in pre-transfer costs, $2,671,787 in post-transfer costs and $1,932,846.20 in disbursements. The appeal, for which permission was granted on 14 March 2023, challenged only the post-transfer costs award of $2,671,787.

[2023] SGCA(I) 8 explained

BCBC SINGAPORE PTE LTD & Anor v PT BAYAN RESOURCES TBK & Anor ([2023] SGCA(I) 8) is a Singapore judgment decided by the Court of Appeal (International) on 23 October 2023. It is categorised under Civil Procedure. Within this corpus it has since been cited by 2 other reported Singapore judgments, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGCA(I) 8 about?

BCBC SINGAPORE PTE LTD & Anor v PT BAYAN RESOURCES TBK & Anor ([2023] SGCA(I) 8) is a Court of Appeal (International) decision from 2023. Its published catchwords are “Civil Procedure — Costs”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

What earlier Singapore cases does [2023] SGCA(I) 8 cite?

Among the in-corpus authorities it refers to are [2023] SGCA(I) 1. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

How influential is [2023] SGCA(I) 8?

Within this corpus, [2023] SGCA(I) 8 has been cited by 2 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

What was BCBC Singapore v PT Bayan Resources [2023] SGCA(I) 8 about?

It was a Court of Appeal costs appeal, before Sundaresh Menon CJ, Judith Prakash JCA and Jonathan Hugh Mance IJ, challenging the Singapore International Commercial Court's post-transfer costs award of $2,671,787, decided on 23 October 2023.

What costs were in dispute in [2023] SGCA(I) 8?

The SICC had awarded the defendants $4,694,633.20 in total, comprising $90,000 in pre-transfer costs, $2,671,787 in post-transfer costs and $1,932,846.20 in disbursements; the appeal challenged only the $2,671,787 post-transfer costs figure.

Cases Cited (29)

SG (7)

[2005] SGHC 85 [2020] SGHC 140 [2022] SGHC 205 [2022] SGHC 26 [2022] SGHC(I) 17 [2022] SGHC(I) 2 [2023] SGCA(I) 1

SLR (8)

[1998] 2 SLR(R) 971 [2005] 1 SLR(R) 130 [2009] 2 SLR(R) 814 [2009] 4 SLR(R) 155 [2018] 1 SLR 76 [2019] 1 SLR 873 [2022] 5 SLR 525 [2023] 1 SLR 1477

UK (11)

[1908] 2 Ch 127 [1914] 3 KB 1245 [1993] 1 All ER 232 [1995] QB 137 [1999] 1 WLR 1507 [2002] 1 WLR 2409 [2002] EWCA Civ 1125 [2006] EWHC 2885 [2007] EWCA Civ 223 [2007] EWHC 698 [2020] EWHC 235

AU (3)

[2003] NSWSC 670 [2005] NSWSC 1111 [2023] FCA 723