Comparison View

Formal Consolidation |  2007 RevEd
Costs of certain actions commenced in High Court which could have been commenced in a subordinate court
39.—(1)  Where an actionfounded on contract or tort or any written law to recover a sum of money is commenced in the High Court which could have been commenced in a subordinate court, then, subject to subsections (3) and (4), the plaintiff —
(a)if he recovers a sum not exceeding the District Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a District Court; and
(b)if he recovers a sum not exceeding the Magistrate’s Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a Magistrate’s Court.
[15/93]
(2)  For the purposes of subsection (1)(a) and (b), a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a subordinate court.
[15/93]
(3)  Where a plaintiff is entitled to costs on the subordinate courts scale only, the Registrar of the Supreme Court shall have the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a subordinate court.
[15/93]
(4)  In any action, the High Court, if satisfied —
(a)that there was sufficient reason for bringing the action in the High Court; or
(b)that the defendant or one of the defendants objected to the transfer of the action to a subordinate court,
may make an order allowing the costs or any part of the costs thereof on the High Court scale or on the subordinate courts scale as it may direct.
[15/93]
(5)  This section shall not apply in the case of any proceedings by the Government.
[15/93]
(6)  This section shall not affect any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in an action commenced in a subordinate court.
[15/93]
Informal Consolidation | Amended Act 5 of 2014
Costs of certain actions commenced in High Court which could have been commenced in a State Court
39.—(1)  Where an action is commenced in the High Court which could have been commenced in a State Court, then, subject to subsections (3) and (4), the plaintiff —
(a)if he recovers a sum not exceeding the District Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a District Court; and
(b)if he recovers a sum not exceeding the Magistrate’s Court limit, shall not be entitled to any more costs of the action than those to which he would have been entitled if the action had been brought in a Magistrate’s Court.
[15/93]
[Act 5 of 2014 wef 07/03/2014]
(2)  For the purposes of subsection (1)(a) and (b), a plaintiff shall be treated as recovering the full amount recoverable in respect of his claim without regard to any deduction made in respect of contributory negligence on his part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a State Court.
[15/93]
[Act 5 of 2014 wef 07/03/2014]
(3)  Where a plaintiff is entitled to costs on the State Courts scale only, the Registrar of the Supreme Court shall have the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a State Court.
[15/93]
[Act 5 of 2014 wef 07/03/2014]
(4)  In any action, the High Court, if satisfied —
(a)that there was sufficient reason for bringing the action in the High Court; or
(b)that the defendant or one of the defendants objected to the transfer of the action to a State Court,
[Act 5 of 2014 wef 07/03/2014]
may make an order allowing the costs or any part of the costs thereof on the High Court scale or on the State Courts scale as it may direct.
[15/93]
[Act 5 of 2014 wef 07/03/2014]
(5)  This section shall not apply in the case of any proceedings by the Government.
[15/93]
(6)  This section shall not affect any question as to costs if it appears to the High Court that there was reasonable ground for supposing the amount recoverable in respect of the plaintiff’s claim to be in excess of the amount recoverable in an action commenced in a State Court.
[15/93]
[Act 5 of 2014 wef 07/03/2014]