Ilene Tjong Ai Lan v Teh Chee Chow
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Consequently, this Court referred to Order 59 rule 8 of the Rules of Court 2012, which states: “Order 59 – Costs Rule 8 – Special matters to be taken into account in exercising discretion The Court in exercising its discretion as to costs shall, to such extent, if any, as may be appropriate in the circumstances, take into account- (a)any offer of contribution or offer of settlement under Order 22B; (b)the conduct of all the parties, including conduct before and during the proceedings; (c)the conduct of the parties in relation to any attempt at resolving the cause or matter by mediation or any other means of dispute resolution; and (d)in particular, the extent to which the parties have followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar. Since the claim is dismissed, it is not appropriate for PW to be ordered to pay costs. Therefore, Items 25(b) and (c) in RH’s counter-petition (Appellant/Respondent) are dismissed and the costs of the proceedings of RM15,000.00 are ordered to be paid by the RH (Appellant/Respondent) to PW (Respondent/Petitioner) subject to allocators.
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Judgment
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