Wong Souk Yee v AG
[2019] SGCA 25
…
43
Turning to the essential characteristics of public
interest, it has been held that where a matter raises a legal
question of genuine public concern, it may be inappropriate to
make a costs order against the applicant even where the judicial
review is wholly unsuccessful …
44
At their very core, court proceedings carry public
interest where they raise public law issues of general
importance, and in which the applicant is not seeking to
protect some private interest. It is important to emphasise
that public interest dimensions are not established for the
purposes of costs by reason only that public law issues are
raised or that leave has been granted to proceed with the
judicial review hearing. Ultimately whether public interest
warrants departure from the general rule that costs follow the
event will depend entirely on the particular facts in each case.
[emphasis added in bold italics]
90
The High Court in Vellama (HC) extended the category of proceedings
in which public interest could be relied on to justify departing from the usual
costs orders made in litigation. Such a departure was recognised in Law Society
of Singapore v Top Ten Entertainment Pte Ltd [2011] 2 SLR 1279 at [24] in
respect of situations where public bodies were performing public duties which
they had been charged to carry out. In Vellama (HC), the court considered that
public interest would also be engaged where court proceedings raised public
law issues of general importance, and where the applicant was not seeking to
protect some private interest. This broader test was drawn from the English High
Court decision of Regina v Lord Chancellor, Ex parte Child Poverty Action
Group [1999] 1 WLR 347 (see Vellama (HC) at [43]).
91
In our judgment, the decision in Vellama (HC) was wrong and should
not be followed.
92
The requirement that “the applicant is not seeking to protect some
private interest” sits uneasily with our recent jurisprudence on the standing
37