Attorney-General v Vellama: Costs in Withdrawing Appeal for Judicial Review of Prime Minister's By-Election Discretion
In Attorney-General v Vellama d/o Marie Muthu, the Court of Appeal of Singapore heard an appeal by the Attorney-General against a High Court Judge's decision granting leave to Vellama d/o Marie Muthu to bring judicial review proceedings against the Prime Minister. The judicial review sought declarations and a mandatory order related to the timing of by-elections in Hougang SMC. After the Writ of Election was issued, the Attorney-General withdrew the appeal. The court then considered the issue of costs, ultimately deciding that no order of costs should be made in the proceedings.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
No order of costs was made in the proceedings.
1.3 Case Type
Judicial Review
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Attorney-General appealed a decision granting leave for judicial review against the Prime Minister, but withdrew the appeal after a Writ of Election was issued. The court considered whether the Attorney-General should pay the respondent's costs.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Appellant | Government Agency | Appeal Withdrawn | Withdrawn | David Chong of Attorney-General’s Chambers Lim Sai Nei of Attorney-General’s Chambers Hema Subramaniam of Attorney-General’s Chambers |
| Vellama d/o Marie Muthu | Respondent | Individual | No Costs Awarded | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| David Chong | Attorney-General’s Chambers |
| Lim Sai Nei | Attorney-General’s Chambers |
| Hema Subramaniam | Attorney-General’s Chambers |
| M Ravi | L F Violet Netto |
4. Facts
- The respondent filed Originating Summons No 196 of 2012 for leave to bring judicial review proceedings against the Prime Minister.
- The judicial review sought declarations and a mandatory order related to the timing of by-elections in Hougang SMC.
- The Judge granted leave for the respondent to proceed with her substantive application on 3 April 2012.
- The appellant filed a Notice of Appeal against the Leave Order on 4 April 2012.
- The President issued the Writ of Election for the Single Member Constituency of Hougang on 9 May 2012.
- The appellant withdrew the appeal against the Leave Order at the hearing on 16 May 2012.
- The substantive hearing under OS 196/2012 was dismissed on 1 August 2012.
5. Formal Citations
- Attorney-General v Vellama d/o Marie Muthu, Civil Appeal No 35 of 2012, [2012] SGCA 64
- Vellama d/o Marie Muthu v Attorney-General, , [2012] 2 SLR 1033
- Vellama d/o Marie Muthu v Attorney-General, , [2012] SGHC 221
6. Timeline
| Date | Event |
|---|---|
| Respondent filed Originating Summons No 196 of 2012 for leave to bring judicial review proceedings. | |
| Judge granted leave for the respondent to proceed with her substantive application. | |
| Appellant filed a Notice of Appeal against the Leave Order. | |
| Parties attended before a Judge of Appeal for the hearing of SUM 1676/2012. | |
| Grounds of decision was issued. | |
| Parties attended before the Judge of Appeal. | |
| Respondent filed Summons No 1817 of 2012 to strike out the Notice of Appeal. | |
| President issued the Writ of Election for the Single Member Constituency of Hougang. | |
| Respondent offered to withdraw her proceedings for judicial review and SUM 1817/2012. | |
| Appellant was quoted in a Straits Times news report. | |
| Respondent rescinded the conditional offer. | |
| Appellant informed the Court of Appeal and the respondent that the appellant would be withdrawing the appeal against the Leave Order. | |
| Appellant made an oral application to withdraw his appeal. | |
| Respondent filed Summons No 2639 of 2012. | |
| Judge gave judgment for the substantive hearing under OS 196/2012 and dismissed the respondent’s application. | |
| Judge heard parties’ submissions on costs. | |
| Judge heard parties’ submissions on costs. | |
| Judge issued his decision on costs. | |
| Judgment reserved. |
7. Legal Issues
- Costs
- Outcome: The court decided not to make an order of costs in the proceedings.
- Category: Procedural
- Leave to Appeal
- Outcome: The court noted that the respondent's application to strike out the Notice of Appeal on the ground that no leave had been obtained from the Judge to appeal against the Judge’s decision in OS 196/2012 was unnecessary.
- Category: Procedural
- Related Cases:
- Civil Appeal No 81 of 2012
8. Remedies Sought
- Declarations
- Mandatory Order
9. Cause of Actions
- Judicial Review
10. Practice Areas
- Constitutional Litigation
- Appellate Practice
- Civil Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Vellama d/o Marie Muthu v Attorney-General | High Court | Yes | [2012] 2 SLR 1033 | Singapore | Cited as the decision from which the appeal arose, detailing the High Court's granting of leave for judicial review. |
| Opennet Pte Ltd v Info-Communications Development Authority of Singapore | Court of Appeal | Yes | Civil Appeal No 81 of 2012 | Singapore | Cited for its relevance to the procedural objection regarding the need for leave to appeal, which was raised in SUM 1817/2012. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court, O 59 |
| Order 59 r 3(2) of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed), O 53 | Singapore |
| Constitution of the Republic of Singapore (1999 Rev Ed Sing), Article 49(1) | Singapore |
| Parliamentary Elections Act (Cap 218, 2011 Rev Ed), Section 24(1) | Singapore |
| Government Proceedings Act (Cap 121, 1985 Rev Ed), s 29 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Judicial Review
- Writ of Election
- Leave Order
- Costs
- Hougang SMC
- By-election
15.2 Keywords
- Judicial Review
- Costs
- Singapore
- Attorney-General
- By-election
- Prime Minister
- Rules of Court
- Government Proceedings Act
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Judicial Review | 95 |
| Costs | 90 |
| Civil Practice | 80 |
| Administrative Law | 75 |
| Civil Procedure | 70 |
| Constitutional Law | 60 |
16. Subjects
- Civil Procedure
- Constitutional Law
- Costs
- Judicial Review