Singapore legislation

Clause 40

Costs of actions commenced in High Court which could have been commenced in a District Court

(1)

Where an action is commenced in the High Court which could have been commenced in a District Court, then, subject to subsections (3) and (4) of this section, the plaintiff —

(a)

if he recovers a sum less than five thousand dollars, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a District Court; and

(b)

if he recovers a sum less than one hundred dollars, shall not be entitled to any costs of the action,so, however, that this section shall not affect any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in an action commenced in a District Court.

(2)

For the purposes of paragraphs (a) and (b) of subsection (1) of this section, a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a District Court.

(3)

Where a plaintiff is entitled to costs on the Subordinate Courts Scale only, the Registrar of the Supreme Court shall have the same power of allowing any items of costs, as a District Judge would have had if the action had been brought in a District Court.

(4)

In any action, the High Court, if satisfied —

(a)

that there was sufficient reason for bringing the action in the High Court; or

(b)

that the defendant or one of the defendants objected to the transfer of the action to a District Court,may make an order allowing the costs or any part of the costs thereof on the High Court Scale or on the Subordinate Courts Scale as it may direct.

(5)

This section shall not apply in the case of any proceedings by the Government.

Read in full context — Subordinate Courts Bill →