Wong Souk Yee v AG
[2019] SGCA 25
one of the requirements is in dispute before us, namely, that the materials before
the court must disclose an arguable or prima facie case of reasonable suspicion
in favour of granting the remedies sought by the applicant.
86
The requirement to obtain leave to bring judicial review proceedings is
meant to “filter out groundless or hopeless cases at an early stage”, and the
threshold for granting leave is a low one (see AXY at [34]). We are satisfied that
this low threshold has been met here. The Appellant’s case, while ultimately
unsuccessful, does disclose points on the proper interpretation of Art 49(1)
which warranted further consideration. In particular, we note that it is common
ground that there was a legislative oversight in the implementation of the GRC
scheme (see [46] above). Further, we have found that the text of Art 49(1) is
ambiguous on its face (see [47] above).
87
We therefore accept the Appellant’s argument that she should have been
granted leave in the court below, although the point is academic since she has
ultimately failed to obtain any of the substantive reliefs sought.
Whether the Judge erred in ordering costs against the Appellant
88
The Appellant contends finally that because OS 1034 concerned public
law issues of general importance, she should not have been penalised in costs
in the court below, nor, for that matter, before us.
89
The Appellant’s argument is founded on the decision of the High Court
in Vellama d/o Marie Muthu v Attorney-General [2013] 1 SLR 797 (“Vellama
(HC)”), where, on the question of costs, the court held as follows:
39
… The Singapore courts have invoked public interest as
a basis to depart from the general rule that costs follow the
event with respect to proceedings involving unsuccessful
regulators. …
36