JUDGMENT

Andrew Phang Boon Leong JA:

Introduction

[1] The present proceedings comprise appeals against the decision of the judge ("the judge") in Then Khek Koon and another v. Arjun Permanand Samtani and another and other suits [2014] 1 SLR 245 ("the judgment"). These appeals stem from a long and chequered history of litigation surrounding the unsuccessful collective sale of the development known as Horizon Towers and find their origin in three consolidated suits brought by the five plaintiffs ("the appellants") against the two defendants ("the respondents").

[2] The appellants in the present proceedings founded their claim against the respondents in equitable compensation for breach of fiduciary duties, seeking as damages the shortfall in the costs of the previous proceedings which they did not manage to recover, notwithstanding the earlier costs orders awarded in their favor (in Ng Eng Ghee and others v. Mamata Kapildev Dave and others (Horizon Partners Pte Ltd, intervener) and another appeal [2009] 4 SLR(R) 155 ("Ng Eng Ghee (Costs)"). This last-mentioned award of costs in favor of the appellants was made as a result of the decision of this court in Ng Eng Ghee and others v. Mamata