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COST (Types of Orders (Cost Paid Forthwith (judge will order cost and…
COST
Types of Orders
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Cost Here and Below
for appeal case, winning party entitled the cost in both court (lower court and upper court)
Cost of the Day
in a situation whereby a hearing of trial had been fixed on that day (i.e winning party apply for the postponment)
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Bullock Order
i.e P sued D1 & D2. the court found tht only D1 liable to P. D2 dismissed. P paid to D2. D1 paid to P
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Cost in the Cause
if the winning party win in an Interlocutory Application, the lose party does not have obligation to pay at that time. it depend on final outcome of trial
Cost Reserved
at final hearing, court will determine the cost
Concept and Definition
Dictionaries
Merriam Webster Dictionary
-expenses incurred in a judicial process especially those given by the law or the court to the prevailing party against the losing party
Collins English Dictionary
-the costs of a court action, the judge decides which side should pay them
Webster's New World Law Dictionary
-When allowed by statute, a court may order the losing party in a civil action to reimburse the successful party for his or her cost also called court cost.
Textbook
A Practicle Approach To Civil Proceeding
Author: Stuart Sime
"Cost incurred on behalf of litigant from a time solicitor retainer is terminated perhaps after enforcement of any judgement that is obtained"
The Civil Procedure Rules In Action
Author: Ian Grainger
"Unsuccessful party will be ordered to pay the cost of successful party but this may differ where you have to take into regards"
Whitebook Service Civil Procedure
"Unsuccessful party shall be ordered to be pay the successful party cost. Nevertheless court has discretion to make a different order where it will be unjust to follow the normal room"
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Janab's Civil Procedure
Author: Hamid Sultan bin Abu Backer
"The object of awarding cost to the litigant is to indemnify him for the expenses he had incurred in successfully establishing his legal right"
Cases
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Internatinal cases
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Hall v Stone (2007), The Times 1Feb 2008
Types
Determine Cost
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Interlocutory in HC [O59, R 21]
Fixed Cost
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Interlocutory in SC [O59, R20]
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