Wong Souk Yee v AG
[2019] SGCA 25
requirements for judicial review. In Vellama at [33], we held that where an
applicant asserts no more than a public right which is shared in common with
other citizens, standing to pursue judicial review proceedings would accrue only
if the applicant can demonstrate “special damage” to himself or herself. In
Jeyaretnam Kenneth Andrew v Attorney-General [2014] 1 SLR 345
(“Jeyaretnam”) at [64], we clarified that in the “rare case” where a public duty
which does not generate correlative private rights is breached and the breach is
of sufficient gravity such that it would be in the public interest for the courts to
hear the case, an applicant may have standing. The point to be made is that under
the present standing framework in Singapore, if an applicant is not seeking to
protect some private interest, it is unlikely that he or she would have standing.
Yet, paradoxically, if the position in Vellama (HC) were accepted, such an
applicant would be more likely to be able to avoid an adverse costs order should
his or her application ultimately be unsuccessful.
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At [48]–[50] of Jeyaretnam, we juxtaposed Singapore’s “green-light”
approach towards administrative law with the UK’s “red-light” approach.
Briefly, the approach in Singapore is principally not about stopping bad
administrative practices, but about encouraging good ones, and hence, the
implication is that good governance should be sought through the political
process and public avenues rather than through combat in the courts. In contrast,
the approach in the UK reflects what might perhaps be seen as a somewhat more
adversarial relationship between the courts and the Executive. Thus, UK law
incentivises and encourages administrative actions through lower standing
requirements and by shielding applicants from adverse costs consequences,
whereas Singapore takes the opposite approach. This distinction explains why
the test imported in Vellama (HC) from the UK is at odds with the established
Singapore law on standing.
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