WINNIE ONG BENG CHEEN v 1. ) CHEAH CHYUAN YONG 2. ) CHONG NYA TING PIHAK YANG DINAMAKAN LEE LEAN HIAP

pa-33-312-09-2022 High Court (Mahkamah Tinggi) 2 February 2025 • PA-33-312-09/2022

Catchwords

The following provisions in O 59 of the Rules of Court 2012 (ROC) are relevant and pertinent to the present issue at hand. They are: Order 59 r 2 (1)Where by virtue of any written law the costs of or incidental to any proceedings before an arbitrator or umpire or before a tribunal or other body constituted by or under any written law, not being proceedings in the High Court, are to be determined in the High Court, rule 6(6) and rule 13, shall have effect in relation to proceedings for determination of those costs as they have effect in relation to proceedings for determination of the costs of or arising out of proceedings in the High Court. (2) Subject to the express provisions of any written law and of these Rules, the costs of and incidental to proceedings in the Court, shall be in the discretion of the Court, and the Court shall have full power to determine by whom and to what extent the costs are to be paid. Order 59 r 3 When costs to follow the event (O 59 r 3) (1) Subject to the following provisions of this Order, no party shall be entitled to recover any costs of or incidental to any proceedings from any other party to the proceedings except under an order of the Court. (2 ) If the Court in the exercise of its discretion sees fit to make any order as to the costs of or incidental to any proceedings, the Court shall, subject to this Order, order the costs to follow the event, except when it appears to the Court that in the circumstances of the case some other order should be made as to the whole or any part of the costs. …………………………. Order 59 r 8 Special matters to be taken into account in exercising discretion (O 59 r 8) The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account — (a)any offer of contribution or offer of settlement under Order 22B; (b)the conduct of all the parties, including conduct before and during the proceedings; (c)the conduct of the parties in relation to any attempt at resolving the cause or matter by mediation or any other means of dispute resolution; and (d)in particular, the extent to which the parties have followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar.

Judges (1)

Azizan bin Md. Arshad Delivered

Parties (4)

Cheah Chyuan Yong Respondent Chong Nya Ting Respondent Lee Lean Hiap Named Party Winnie Ong Beng Cheen Petitioner

Judgment

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Source: eJudgment (pa-33-312-09-2022)