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    Notes on Costs subtopic in Civil Procedure II

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    Notes on Costs subtopic in Civil Procedure II

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    © All Rights Reserved
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    Download as pdf
    3 views13 pages

    LAW612 Civil Procedure II : Costs

    Uploaded by

    nurulinsyiraworks
    Notes on Costs subtopic in Civil Procedure II

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    of 13
    CHAPT TER 18 Costs Syno jar Introduction ration of Costs and Order 9 | 2 paandpany bai 1 Gammon und 1 etree basis 18 These and own cllenthass 1 pdemrity Basis Mop Reserved Costs 181 INTRODUCTION ‘The object of awarding costs to the liigant is to indemnify him for | tle expenses he had incurred. in succesfully establishing his legal rights. Order 59 rule 2 provides that cos of proceedings or costs thereto incidental shall be at the discretion ofthe court, ‘the court shall have full power to determine by whom and to what extent the costs are to be paid Thediscretion ofthe courtiis very wide, butithas to be exercised judicially and on established principles. It must be noted that new Order 59 which deals with costs has done away with the Previous procedure of taxation before the Registrar, thereafier review and final review by the judge, Now the ~ psis 189 Costsinte inthe cause 1810 Costs thrown nay 18.11 Costs ofthe day 18.12 Bullock Order 1213 Sanderson Orr +14 Personal ability of Solicitor Costs eae! teas (Costs under Legal Profession Act issue as to costs must be dealt with by the adjudicator himself upon the conclusion of the application or trial on otherwise and ordered by the court Principles relating o review of taxation ‘of costs was considered in the case of Hamid Sultan JC (as he then was) made the following obse T have considered both the plaintil’s and defendant’ submission in detail Ta decide this review on quantum the test isthat tfallson the defendanapplicant to satisfy the court that the learned deputy registrar had esred ona question of principles or had failed to take into account some relevant consideration. The principles inthis area of lw is well + (2ogs] 7c14 129 sete The peeps tlevant to ths a reve may Besuminnised solos ” be pee a) The objec of awarding costs tothe beige he igen hie or = Rn “os 10 jstice and affordably not wecesaily mean he cout canane ecg peartimd Tea eyes coon et re feed isa tp ae i en ert Be et, BO iad este ‘succely establahing bis legal dente Como to justice tains Mie fa esther tights Order 59 of the RHC 1380, Om hes Monique stature and stands as Cov what the pares may dim and ‘provides thal costs of incidental apparently 1 4 fumdamental guarantee under spokes mater ftation andor poling an cn sh monly ted conten "ihe ahetti erdentara recom tal we All povertg he gg ting of sar he Re het hen he te ‘extent the costs are to be pald. ‘The 48 80 final foadndg, de in ony view ey ren ares ills shcceerete ae Sesh i sc tba thas tobe exeresed jdictally eputy repay oh Thee mt ken int consideration the ete eee othe eel pc tery on Tayo nee ee i 0) team ans te ecuin | temas eh My ee ‘ofthe cout there hus been 9 re Taking all tac caaton rst mah the repectne, SANE Orkr of ie Rl oe ‘of pracice of the Howse of Lard Vuke iy 2 a Tee out HehCoun mpd as stated by Viscount Can ‘deputy registrar ng itmd ‘he given to the tssue of access and 7 aad ee me - ae ae Selina tices, mate te eg that Ro appeal would ‘questions opine ee “hein up Fes. (eecers 10 vers decor by woes od frcnsh oh te Hinee wi ote ng eh The emeerot oe Lad NE demi by an ed eee ages? ire et at reentrant dent cr cil en trey te eu ang Sromaoatenotw oat Sy at et a ‘igh to vee eb weed one pect MT do tal noun fet caer cio lon Pre. Gos me cu (© Anapetaccourdesnotierne dao eat Greted and ccs where wen US ad esc caressa ees maka le tel ftom lc ‘reluctance. This is because the court ‘court may refuse 10 dy to st agument. gorernment, Fein tn un dene eccioe aemmanegiig® ene ae Creo dcdscionmarte isons Steir | | ye oe fact was conte Tn ca 0 Sie eB), hese ‘cam be shawn thal tere has bez Water cont anne’ by "goa Selangor: Hamid Sala a 2 Te jie repute 00 Peeper ee tye hen was) made the flowing Ueno er of er or he Parr aT eee fk ovatons tnt ead Wher cot oe gains why oncoeeses Seman“ Tana Seite cae facie We on see belo be tops the 1 have bese the paris eet sued before gree Xo am go te ned Send egg “a fc hag gue the cost Book says ap 938 ick emer ee ‘te sau of lca Bah the eyes pci ass the sete acwon'oehagethe JC (ashe then wn) a oa et Menor Cxrleeee io iecaeaelt fale sae Seto the sete ous res ce When Sede ¥ ‘tect ad thea fallacy valu the armies 0 3 ‘rset ree eee tt Tetrion a iS eese Mecere chan tab uncunkut nd {he ge ge cone ‘Sows slain 0 Ape P pmuyseu spe pane sd i sed The seo ost oe 2456 cost Th meas that the Inde has to consider all eas of {auaton instr of pet op {eer and ether iclevn pros ‘worn, felaing wo natn sel na oO So af RHC 150, (6) By reading tbe promions of Courts of Tudcatare fet 2904 and the Rakes of Court ti rt the Fepisrar cannot have mae powers ‘am the ge and the wep merely delegates aimed sence to eerie the power the ge 1 prowded by lw bjt ur the romso all decision af the vesrar SS tubject te appeal V have dest vel this area of juprudence im oot who eps the same (4) When the age attempts 6 assess tnd x cout he wold het Sse al he cern mater, Whi ned "be conden ‘ning to taxation info to Sgpenin of" ty {te The judge cannot singly pack, 5 gure to termine cs Is ‘tthe dy of count ing the atetion of the cour the fa ‘ont ron ost ng into consideration Appendtt 910. 59 of RUC TD before the Court fae the cont Fale othe fours fsbo cnt does Sot probit the court Gm Suing the costs (See 0.591 98) of RHE 180), (2) When the mutter ie wfersed 0 Uastlon ihe rer only fercing the powers vested in the jadge and cannot be sand ‘ther taking tt comsdraion the various provisions in the CIA 196 and the general span felatingtocon.Thisview afarher forte by 0.39 12 whch Says ® reas TAPAbIE othe tan ot™ Paha Comer ide ce {si the alloca Be 9 taxation whi sg ‘eat ncaa fog ong what ro the Fete eating wth ek “The procadie and ng Alloa has bot aga ‘ce “rmsnenec cea Mts wheret seed ™ “he forma bate sims Aceanene Stowe tsp te le Sat ee oe Steamed ‘eect Sites bere the ind ie set rien br tee en are Dine allocate ‘the amouns, comme + Sorte ae comm dhen it has assessed and ear aegeee oo tec ole i a a aasid at least when the order for ts is extracted. Fling © “ orf Head to loss of vevenve in 19 omaorblioorand ste diy Sareea cant x sl cin lnc Ln Saale setae eset serene setter an appeal he munis Cites OS cease wee eee 1 Segara we tt eae Sera nour the diction of he cout a ‘heats lsyopeeot Ine (Cours distor Ae 188 ston Sut) psn no. sect tems Mateo ape auld Bergh the Sopra Cours whee the joe! 0 recs costal whey steko te destin of the ou ‘eye wih the ve of he Soper 5 wonynauas Ths prion ete ‘English Order 62 rule 3 = The genera prncige enviaged in the rl simpy that ots ilo ie ‘event and thatthe wccesil ary {sented to be pad his cons cept when it appeatso he coum that inte éircmstinceso the ee ste ee ote, oF no otra cet shoud ‘be made. The same ptincile wat ‘enunciated in gener dt by ater, LL. Otimyoss ln (re sr ih ht a eet ip oa lin sea he ‘ccf pny sense ply: fous nl ee see {© one ether ode oh, 1S eld, mite rams ‘emai w he ss No ‘oat i wees pao ay fed ath ne sg lca ee endo eps nk ssshowsby casio SIH ed rece Silt e scanner ‘lke deen drone ‘aati eae sh Because cats atte dscetion ti four theretasbeenaruealpaczet the House of Leda ated by Viscount Caen ‘Pala, that no appeal would be for «costs only, but the House will however entertain an appeal from an ord of hie Court of Appel aso casts, whee i alleged that the arder i founded up an error of law In Malaysia a appa ‘Cure of Appel against an urd of igh Court as to costs only requires the leave ofthe Court of Appeal under section 68(1) of the CTA 1964, To summarise, an appellate court does not interfere in the question of costs except with reluctance. This i ‘because the cout below has an absolute scretion subject only to an obligation to exercise it judicially. An appalste court should only interfere if it can bbe shown that there has been an error ‘of law oF the purported exercise of discretion was based on grounds wholly unconnected with the cause of action “The White Book ays at page 93 (Onan ppel ssa cone where he cts are in the dicen of the dpe the Ci wll sue tat he exerci ie siserevon ans sated that he dad set dos (3909), £43) 3), ‘rt itl not interfere where he assigns reson theteore which ae cl germane and nots on ay Bose pre : te, Scety (912) 23 281, nat whee there ae aso other posi for hi discretion (0914) 3071803,C4). ‘Wee Chong fin CJ. in KO Hloiey Toners 5 aid lymacra {i972 234) butthe court dices ttY Sin wt oe! indgebe deleted. ""* Oner ays tn ove Cobre ; 4s he at cred theled pag Bday PAY we ital a

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