Hougang by-election case: Historic decision by Justice Pillai

Historic decision in Spore- no order to cost for public interest litigation!

It said the court found that the “constitutional questions raised were of general public importance, as reflected in extensive debates by MPs both within Parliament and in the media, among constitutional law academics and on the internet and print media.” Justice Pillai’s decision sets a new precedent in Singapore’s jurisprudence to protect litigants from costs in constitutional challenges in consideration of public interest. In his ruling, Justice Pillai determined that Mdm Vellama had not challenged the election laws based on her own interest but in the interest of the public. While Justice Pillai maintained that these were “unusual circumstances”, his ruling did hold that “where a matter raises a legal question of genuine public concern, it may be inappropriate to make a cost order against the applicant even where the judicial review is unsuccessful”. On 2 Mar, Mdm Vell...

Full article: http://www.malaysianbar.org.my/legal/general_news/hougang...