Cheong Ghim Fah v Murugian: Taxation of Costs on High Court Scale for Subordinate Court Jurisdiction
In Cheong Ghim Fah and Another v Murugian s/o Rangasamy, the High Court of Singapore, on 11 June 2004, addressed the issue of costs following an assessment of damages by the assistant registrar. The court considered whether the costs should be taxed on the High Court scale, given that the damages awarded fell within the jurisdictional limit of the District Court. The court held that the plaintiffs were entitled to have commenced the proceedings in the High Court and directed that the plaintiffs’ costs be assessed on the High Court scale.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs' costs to be taxed on the High Court scale.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addresses whether costs should be taxed on the High Court scale when proceedings fall within the Subordinate Courts' jurisdiction, focusing on 'sufficient reason' under Order 59 r 27(5).
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Cheong Ghim Fah | Plaintiff | Individual | Costs to be taxed on the High Court scale | Won | Roy Yeo |
| Goh Jak Fong @ Goh Jit Fong | Plaintiff | Individual | Costs to be taxed on the High Court scale | Won | Roy Yeo |
| Murugian s/o Rangasamy | Defendant | Individual | Costs to be taxed on the High Court scale | Lost | Vijay Kumar Rai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| V K Rajah | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Roy Yeo | Chia Yeo Partnerhip |
| Vijay Kumar Rai | V K Rai and Partners |
4. Facts
- The defendant was assigned 85% liability for causing the death of a jogger in a motor accident.
- Interlocutory judgment was entered in favor of the plaintiffs with damages to be assessed by the Registrar.
- An assistant registrar assessed damages due to the deceased’s estate at $216,523.60.
- The assessed sum falls within the pecuniary limit of $250,000, which represents the jurisdictional scope of the District Court.
- The assistant registrar ruled that costs are awarded to the plaintiffs to be taxed on the District Court scale on a standard basis.
- The assistant registrar granted the plaintiffs liberty to apply directly to the judge for a final decision as to whether costs should be assessed on the High Court scale.
- The defendant, a Malaysian, had no assets in Singapore.
5. Formal Citations
- Cheong Ghim Fah and Another v Murugian s/o Rangasamy (No 2), Suit 493/2002, [2004] SGHC 125
6. Timeline
| Date | Event |
|---|---|
| Assistant registrar assessed damages due to the deceased’s estate at $216,523.60. | |
| High Court directed that the plaintiffs’ costs be assessed on the High Court scale. |
7. Legal Issues
- Taxation of Costs
- Outcome: The court held that the plaintiffs were entitled to have commenced the subject proceedings in the High Court and directed that the plaintiffs’ costs be assessed on the High Court scale.
- Category: Procedural
- Sub-Issues:
- Scale of costs
- Jurisdictional limit
- Recognition of Foreign Judgments
- Outcome: The court found that if a subordinate court judgment cannot be enforced as a foreign judgment in another jurisdiction, this could be a “sufficient reason” for initiating the action in the High Court.
- Category: Substantive
- Sufficient Reason
- Outcome: The court defined 'sufficient reason' in the context of s 39 of the SCA to embrace matters that are out of the ordinary.
- Category: Substantive
8. Remedies Sought
- Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cheong Gim Fah and another v Murugian s/o Rangasamy | High Court | Yes | [2004] 1 SLR 628 | Singapore | The judgment in which liability was assigned to the defendant for causing the death of a jogger in a motor accident. |
| Australian Master Builders Co Pty Ltd v Ng Tai Tuan | High Court | Yes | [1987] SLR 539 | Singapore | Cited for the principle that the High Court has an unfettered discretion to transfer proceedings to the District Court. |
| Sunlink Engineering Pte Ltd v Koru Bena Sdn Bhd | High Court | Yes | [2003] 2 SLR 452 | Singapore | Cited to show that the need to meet another country’s legislation on reciprocal enforcement of foreign judgments did not, without more, confer on a plaintiff the right to be heard in the High Court if the case could in the normal course of events be heard in the subordinate courts. |
13. Applicable Rules
| Rule Name |
|---|
| Order 59 r 27(5) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 39 Subordinate Courts Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Taxation of costs
- Sufficient reason
- Subordinate courts
- High Court
- Jurisdictional limit
- Reciprocal enforcement of judgments
- District Court
- Assistant registrar
15.2 Keywords
- Costs
- High Court
- Subordinate Court
- Jurisdiction
- Foreign Judgments
- Singapore
- Taxation
16. Subjects
- Civil Procedure
- Costs
- Jurisdiction
- Foreign Judgments
17. Areas of Law
- Civil Procedure
- Conflict of Laws
- Costs
- Taxation