Mah Kiat Seng v Attorney-General: Costs Assessment for Litigant in Person
In Mah Kiat Seng v Attorney-General, the High Court of Singapore addressed the issue of costs following a prior judgment where Mah Kiat Seng succeeded on claims against Mohamed Rosli bin Mohamed and the SPF, but failed against Tan Thiam Chin Lawrence and on other claims against the SPF. The court considered the principles for assessing costs for a litigant in person and determined the quantum of costs payable to both Mah and the defendants, ultimately finding a net balance of costs owing to the defendants after setting off the damages awarded to Mah.
1. Case Overview
1.1 Court
General Division of the High Court of the Republic of Singapore1.2 Outcome
Costs awarded to both plaintiff and defendants, with a net balance owing to the defendants after set-off.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Costs assessment following judgment in favor of Mah Kiat Seng on some claims, and against him on others. Principles for assessing costs of a litigant in person discussed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Attorney-General | Defendant | Government Agency | Costs awarded | Partial | Sarah Shi of Attorney-General’s Chambers Chin Wan Yew, Rachel of Attorney-General’s Chambers |
| Mah Kiat Seng | Plaintiff | Individual | Costs awarded | Partial | |
| Mohamed Rosli bin Mohamed | Defendant | Individual | Lost | Lost | Sarah Shi of Attorney-General’s Chambers Chin Wan Yew, Rachel of Attorney-General’s Chambers |
| Tan Thiam Chin Lawrence | Defendant | Individual | Won | Won | Sarah Shi of Attorney-General’s Chambers Chin Wan Yew, Rachel of Attorney-General’s Chambers |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Philip Jeyaretnam | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Sarah Shi | Attorney-General’s Chambers |
| Chin Wan Yew, Rachel | Attorney-General’s Chambers |
4. Facts
- Mah Kiat Seng sued the Attorney-General, Mohamed Rosli bin Mohamed, and Tan Thiam Chin Lawrence.
- Mah succeeded on claims against Rosli for unlawful apprehension and against the SPF for an unlawful search.
- Mah failed on the claim of assault against Tan and on other claims against the SPF.
- Mah is a litigant in person.
- The Attorney-General sought costs for the successful defense of Tan and the partially successful defense of the SPF.
- Mah argued that he should be considered the successful party because he succeeded on the "thesis" of his case, wrongful arrest.
5. Formal Citations
- Mah Kiat Seng v Attorney-General and others, Suit No 256 of 2020, [2023] SGHC 52
6. Timeline
| Date | Event |
|---|---|
| Suit filed | |
| Defendants’ Costs Submissions dated | |
| Mah’s Costs Submissions dated | |
| Judgment reserved | |
| Judgment issued |
7. Legal Issues
- Assessment of costs for litigant in person
- Outcome: The court provided guidance on how to assess costs for a litigant in person, considering time expended and a compensatory hourly rate.
- Category: Procedural
- Incidence of costs
- Outcome: The court determined that costs should follow the event in relation to each defendant separately.
- Category: Procedural
- Quantum of costs
- Outcome: The court assessed the quantum of costs payable to both the plaintiff and the defendants, considering the complexity of the case and the proportion of time spent on successful claims.
- Category: Procedural
8. Remedies Sought
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mah Kiat Seng v Attorney-General and others | High Court | Yes | [2023] SGHC 14 | Singapore | Refers to the earlier judgment on the substantive claims, which this judgment concerns costs for. |
| Campbell v Campbell | English High Court | Yes | [2016] EWHC 2237 (Ch) | England and Wales | Discusses costs management under the English Civil Procedure Rules, which differs from Singapore's rules. |
13. Applicable Rules
| Rule Name |
|---|
| O 59 r 18A of the Rules of Court (Cap 332, R 5, 2014 Rev Ed) |
| O 21 r 7 of the Rules of Court 2021 |
| O 59 r 27(5) of the ROC 2014 |
| Part IV of Appendix 2 to the ROC 2014 |
| O 59 r 31(2) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
| Rules of Court 2021 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Litigant in person
- Costs
- Incidence of costs
- Quantum of costs
- Proportionality
- Unlawful apprehension
- Search
- Assault
15.2 Keywords
- costs
- litigant in person
- Singapore
- civil procedure
- assessment
- attorney general
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Costs | 95 |
| Litigant-in-person | 80 |
| Civil Procedure | 75 |
| Civil Practice | 60 |
| Civil Litigation | 60 |
| Litigation | 50 |
| Pleadings | 40 |
16. Subjects
- Civil Procedure
- Costs Assessment
- Litigant in Person