COSTS (ORDER 59 OF RHC) O. 59 r. 1 - Cost includes fees, charge, disbursement, expenses and remuneration.

In general, costs are: The charge which a solicitor is entitled to make and recover remuneration for his solicitor services. An expense which is the winning party is entitled to recover from the other side including the court fees, stamp and solicitor fees (ascertained by taxation process). O. 59 r 2(2) awarding the cost is the discretionary of the court to order: o To whom the costs is to be paid (GR: cost follow the event-usually the winning party entitle for the costs, and the person who is wrongfully made as the party should get his costs). o How much the costs need to be paid. O. 59 r 3(2) for the incidental costs to the trial. (such as costs born due to the amendment pleading, or etc) - GR: usually, court will order the cost to follow the event . thats mean the party who apply to amend or etc need to bear the costs unless the court order otherwise. (subject to discretion of the court). O. 59 r 4(1) when the costs need to be paid? the costs may be dealt at any stage of proceeding, or end of the trial, and the court order it to be paid forthwith (immediately), even the trial still not be concluded if court think fit. Case: KOKOMA PONY HORSE CENTRE V RASA SAYANG BEACH HOTEL - power of court to deal with the Q of costs is as being stated under O59 r 49(1) where it stated that the costs may be dealt with by the court at any stage of proceeding/at the conclusion of trial. If the court thinks fit, it may order for the costs to be paid forthwith even before the conclusion of the proceeding.

TYPES OF COSTS 1. Reserved costs - this order made during the interlocutory proceeding. (the court still not decided on the issue of cost and deferred it until the end of the trial). 2. Costs of the day made on the hearing day of the application or on the hearing day proper where a party who makes a successful application of the postponement of the hearing is ordered to pay the costs of the day incurred by the other side. 3. Costs in the cause cost of those interlocutory proceeding are to be awarded according to the final award of costs in action (main suit). The successful party for the suit will be awarded with all cost of interlocutory proceeding (regardless he success for all or just partly in that interlocutory application). Pf costs in the cause if the pf win the action - he will be awarded for all costs for interlocutory proceeding and if he loss he need not to pay for the other sides costs. **the situation will go otherwise for df costs in the cause. 4. Costs in any event (or known as pf costs in any event) no matter who is win or loss, when the case is decided/settled, pf is to have the costs of those interlocutory proceeding without waiting for the decision. 5. Costs thrown away this order is made upon the application of the df to set aside the judgment, but in this situation, the df himself had failed to enter for appearance or deliver his defence. Thus, the court will order the df to pay for all costs which reasonably incurred by the pf during enforcing the judgment. 6. Bullock Order derived from the case of Bullock v General London Omnibus & Co. In this case, Pf sued 2 df. Then, the court found that only the first df liable. Thus, the court order the following term: i. Judgment for the pf against df with costs. (the pf win and awarded with costs). ii. Pfs claimed against the second df dismissed and pf need to pay for the second dfs costs.

iii. First df need to pay the pfs costs include the costs paid by the pf to the second df. (elaboration for Bullock order pf pay first to 2nd df, the 1st df need to pay back for the costs incurred by pf). 7. Sanderson Order derived from the case of Sanderson v Blyth Theatre. In this case, the pf had sued df for the price of building work done upon the instruction of the dfs architect who was his agent. Pf joined the architect as the co-df. At the trial, the df was found as solely liable. Court ordered the df to pay for the costs to the co-df directly. The order was like below: i. Judgment for pf (pf win the case) ii. Df need to pay for pfs costs. iii. Df need to pay for the co-dfs costs directly for defending the sue successfully. TAXATION FOR COSTS What is meant by taxation for costs? o Procedure the court will determine on how much the party will get as costs. (after the award made by court, the party who is awarded with costs needs to go to the registrar office, to apply for the costs to be taxed, only then the party will be entitled for the nett amount of costs). Who has the power to tax the costs? i. The Registrar (the court will not interfere) (O59 r 12 & r13).

Party who is taxing the party who is awarded with costs (applicant). Party who is to be taxed the opposite party who receive the notice of taxation (party who needs to pay for the costs). Procedures for taxation (O59 r20 r25). i. O59 r20 the party who is entitled for costs need to file in the courts registry the bill of costs and a copy of the bill together with all necessary papers and vouchers + apply for the notice of taxation to be issued. ii. O59 r21 - registrar shall notify the parties involved regarding the time appointed for the taxation hearing, notice of the day and give the not less than 7 days. (Subject to (2) where this para is not applicable for those who

not enter appearance/not taking part in the taxation proceeding and for any solicitors bill of costs under LPA 1976.) iii. O59 r22 any party, who receive the notice under r21, must serve a copy of his bill of cost to the other party involved under the hearing, within 2 days after receiving it. Review of taxation o By the Registrar (O59 r34) dissatisfied party may apply for the registrar to review his decision on taxation of costs. It must be made 14 days from the date of decision of taxation proceeding. The objection must be made in writing and delivered to registrar by stating concisely on the nature and ground of the objection. A copy of that objection must be send to all parties involved in the taxation proceeding. Then, the said parties must, within 14 days after receiving the objection, deliver an answer to opposed the objection in writing to the registrar and serve the answer to all other parties. Finally, the registrar will issue the certificate after review his decision.

o By the judge(O59 r34) the dissatisfied party need to apply for the judge to review on the registrars decision, within 14 days after the date of the decision had been made. In this level, no further evidence or new ground may be adduced unless directed by the judge. Finally, the judge may amend the registrars certificate or order the item listed to be remitted to the registrar for taxation.