Government Proceedings Act 1956 · 2020 Revised Edition · Part 4 · Costs, Judgments and Enforcement
29. Costs
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
Subject to this section, in any civil proceedings or arbitration to which the Government or a public officer is a party the court shall have power to order costs for or against the Government or the public officer in the same manner and upon the same principles as in proceedings between private persons:Provided that —
civil proceedings
“civil proceedings” means proceedings of whatever kind of a civil nature before a court and includes proceedings for judicial review and recovery of fines and penalties and an application at any stage of a proceeding;
in the case of proceedings to which by reason of any written law or otherwise the Attorney‑General or any officer of the Government as such is authorised or required to be made a party, the court shall have regard to the nature of the proceedings and the circumstances in which the Attorney‑General or such officer appears and may in the exercise of its discretion order any other party to the proceedings to pay the costs of the Attorney‑General or such officer whatever may be the result of the proceedings; and
nothing in this section shall affect the power of the court to order, or any provision of any written law requiring, the payment of costs out of any particular fund or property or any provision of any written law expressly relieving the Attorney‑General or such officer of the liability for costs.
In any civil proceedings before any court in which a legal officer appears as an advocate under the provisions of this Act, and costs are awarded to or against the Attorney‑General, or to or against the party on whose behalf such legal officer appears, such costs shall include such items, including fees for drawing, for getting up the case and for attendances, as would be included within the meaning of the word “costs” in any written law if an advocate and solicitor of the Supreme Court had appeared.
legal officer
“legal officer” includes a law officer and a legally qualified member of the Attorney‑General’s Chambers;
Such costs shall be in accordance with any scale of fees prescribed from time to time to be chargeable by advocates and solicitors and may be assessed in accordance with any written law for the time being in force for the assessment of the fees and costs of such advocates and solicitors.
prescribed
“prescribed” means prescribed by or under Rules of Court made for the purposes of this Act;
In any civil proceedings mentioned in subsection (2), costs are payable in respect of the services of more than 2 legal officers if the court so certifies.
Costs awarded in accordance with this section to a party for whom any of the legal officers referred to in subsection (2) appears as advocate shall, when recovered, be paid into the Consolidated Fund.
A legal officer shall not be personally liable for costs in any proceedings under this Act.
In this section and in section 31, “court” includes an arbitrator.