Singapore legislation

Section 40

of Mental Capacity Act 2008

Section 40

Costs

Amended by27/201427/2014

(1)

Subject to the Family Justice Rules, the costs of and incidental to all proceedings in the court are in its discretion.

Amended by27/2014

(2)

The court has full power to determine by whom and to what extent the costs are to be paid.

(3)

The court may, in any proceedings —

(a)

disallow; or

(b)

order the legal or other representatives concerned to meet,the whole of any wasted costs or such part of them as may be determined in accordance with the Family Justice Rules.

Amended by27/2014

(4)

In subsection (3) —

Definition

“legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on the party’s behalf;

Definition

“wasted costs” means any costs incurred by a party —

(a)

as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

(b)

which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

Section 40 — Mental Capacity Act 2008 | laws.sg