Public Service Commission v Linda Lai: Judicial Review & Costs

In Public Service Commission v Linda Lai Swee Lin, the Singapore Court of Appeal addressed the issue of costs following an appeal related to judicial review. The Public Service Commission, as the appellant, initially raised two issues but abandoned one during the hearing. The court considered the abandoned issue and serious breaches of the Instructions Manual, ultimately awarding the appellant 50% of the costs of the appeal and below.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appellant awarded 50% of the costs of the appeal and below.

1.3 Case Type

Judicial Review

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

The Court of Appeal addressed costs after an appeal regarding judicial review. The Public Service Commission was awarded 50% of costs due to abandoned arguments.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Public Service CommissionAppellantGovernment AgencyAppeal allowed in partPartial
Jeffrey Chan of Attorney-General’s Chambers
Hema Subramanian of Attorney-General’s Chambers
Linda Lai Swee LinRespondentIndividualAppeal dismissed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJudge of AppealYes
Lai Kew ChaiJudgeNo
L P TheanJudge of AppealNo

4. Counsels

Counsel NameOrganization
Jeffrey ChanAttorney-General’s Chambers
Hema SubramanianAttorney-General’s Chambers
Harpreet Singh NehalDrew & Napier
Adrian KwongDrew & Napier
Rama S TiwariDrew & Napier

4. Facts

  1. The respondent applied for judicial review.
  2. The appellant opposed the application on two issues.
  3. The appellant abandoned one issue at the hearing.
  4. There were serious breaches of the Instructions Manual.
  5. The court considered the abandoned issue and breaches of the Instructions Manual in determining costs.

5. Formal Citations

  1. Public Service Commission v Linda Lai Swee Lin, CA 69/2000, [2001] SGCA 10

6. Timeline

DateEvent
Case filed (CA 69/2000)
Judgment delivered

7. Legal Issues

  1. Costs
    • Outcome: The court awarded the appellant 50% of the costs of the appeal and below.
    • Category: Procedural
    • Related Cases:
      • [1993] 1 All ER 232
      • [1994] 2 SLR 489
      • [1998] 2 SLR 489
      • [1900] 2 QB 616
      • [1927] AC 732

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Appeals
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Re Elgindata Ltd (No. 2)Court of AppealYes[1993] 1 All ER 232EnglandCited for the general principles upon which the court awards costs.
Tullio v MaoroCourt of AppealYes[1994] 2 SLR 489SingaporeCited for adopting the principles in Re Elgindata Ltd (No. 2) regarding the award of costs.
Rajabali Jumabhoy & Ors v Ameerali R Jumabhoy and OrsN/AYes[1998] 2 SLR 489SingaporeCited for the general principles upon which the court awards costs.
Bostock v Ramsey Urban District CouncilN/AYes[1900] 2 QB 616N/ACited regarding the relevance of conduct in the consideration of costs.
Donald Campbell And Company Ltd v PollakN/AYes[1927] AC 732N/ACited regarding the relevance of conduct in the consideration of costs.

13. Applicable Rules

Rule Name
O 53 r1(3) of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Judicial Review
  • Instructions Manual
  • Ex Parte
  • Attorney-General's Chambers

15.2 Keywords

  • costs
  • judicial review
  • appeal
  • Singapore
  • Public Service Commission

17. Areas of Law

Area NameRelevance Score
Costs90
Judicial Review80
Administrative Law75
Civil Procedure60

16. Subjects

  • Civil Procedure
  • Costs
  • Judicial Review