VVB v VVA: Appeal on Costs for Revocation of Lasting Power of Attorney

In VVB v VVA, the High Court (Family Division) heard an appeal by VVB against the District Judge's decision to order her to pay costs to VVA, the respondent, in relation to FC/OSM 270/2020, an application for revocation of a Lasting Power of Attorney. VVB had disclaimed her appointment as donee just before the hearing. The High Court dismissed the appeal, affirming that VVB should pay costs to VVA, but ordered that the costs be fixed by the District Judge.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding costs after the appellant disclaimed her role as donee under a Lasting Power of Attorney. The court affirmed costs to be paid by the appellant.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VVBAppellant, DefendantIndividualAppeal DismissedLost
VVARespondent, PlaintiffIndividualCosts AwardedWon

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Vergis S Abraham SCProvidence Law Asia LLC
Loo Yinglin BestlynProvidence Law Asia LLC
Elsie Lim YanLin Yan
Choo Hao Ren LyndonProvidence Law Asia LLC
Narayanan Sreenivasan SCK&L Gates Straits Law LLP
Lim MinK&L Gates Straits Law LLP
Lin Ming KhinCharles Lin LLC

4. Facts

  1. The appellant was the defendant in FC/OSM 270/2020.
  2. The respondent was the plaintiff in FC/OSM 270/2020, seeking revocation of the appellant's appointment as donee under a Lasting Power of Attorney.
  3. The appellant disclaimed her appointment as donee before the final hearing.
  4. The District Judge ordered the appellant to pay costs to the respondent.
  5. The appellant appealed against the decision on costs.
  6. The District Judge considered the conduct of the parties in determining the question of costs.
  7. The appellant contested the matter aggressively until almost the very end.

5. Formal Citations

  1. VVB v VVA, , [2022] SGHCF 1

6. Timeline

DateEvent
Lasting Power of Attorney No. LPA 30097NU20 dated
First case conference
Appellant filed 6 affidavits
Appellant filed 2 affidavits
Appellant filed SUM 3143 / 2020
Appellant’s Counsel sought leave to file a further affidavit by the appellant
Appellant filed SUM 3987 / 2020
Hearing of a committal application against the appellant
Appellant disclaimed her appointment as LPA Donee
Hearing date
Hearing date
Judgment date

7. Legal Issues

  1. Costs
    • Outcome: The court affirmed that costs shall be paid by the appellant to the respondent, but ordered that costs were to be fixed instead of taxed.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against costs order

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Civil Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
JBB v JBAHigh CourtYes[2015] 5 SLR 153SingaporeCited for the principle that costs are generally ordered to follow the event because a successful party has had to institute proceedings in order to obtain what he deserved.
UTOC Engineering Pte Ltd v ASK Singapore Pte LtdHigh CourtYes[2016] 5 SLR 83SingaporeCited for the principle that the basis for ordering costs is not whether the application is labelled as dismissed or withdrawn but whether it is in the interest of justice that the respondent be compensated for the costs incurred in relation to the application.
Chan Choy Ling v Chua Che TeckCourt of AppealYes[1995] 3 SLR(R) 310SingaporeCited to show that the conduct and approach of the parties and counsel in respect of how the case was conducted is taken into account when determining the costs order.
VDZ v VEACourt of AppealYes[2020] 2 SLR 858SingaporeCited for the principle that a kind act begets a kind response while a nasty act inflames the other.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Mental Capacity Act (Cap 177A, 2010 Rev Ed)Singapore
Family Justice Rules 2014Singapore
Family Justice Rules 2014Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Lasting Power of Attorney
  • Donee
  • Costs
  • Mental Capacity Act
  • Family Justice Rules
  • Therapeutic Justice
  • Registrar's Appeal

15.2 Keywords

  • Family Law
  • Costs
  • Lasting Power of Attorney
  • Mental Capacity Act
  • Appeal

17. Areas of Law

Area NameRelevance Score
Mental Capacity Law90
Costs80
Family Law75
Powers of Attorney70
Civil Practice50

16. Subjects

  • Family Law
  • Civil Procedure
  • Mental Capacity