Lin v Commissioner of Victims Rights (Costs)

The matter before the court involved a dispute between Lin, the appellant, and the Commissioner of Victims Rights, the respondent, regarding costs. The case was heard in the Court of Appeal, where Lin sought a review of the costs order made by the lower court. The primary issue before the Court of Appeal was whether the lower court had the discretion to make a specified gross sum costs order under section 98(4)(c) of the Civil Procedure Act. The court needed to consider the principles applicable to such an order, especially when the sum sought had been fairly calculated and a discount had been applied, and where the assessment of costs was likely to be costly and involve further unnecessary expense, delay and aggravation.

The Court of Appeal found that the lower court had correctly exercised its discretion to make a specified gross sum costs order. The court held that the principles guiding such an order should be based on fairness and the avoidance of unnecessary expense, delay, and aggravation. In this case, the sum sought had been fairly calculated, and a discount had already been applied. The court also found that the assessment of costs was likely to be costly and involve further unnecessary expense, delay, and aggravation, which justified the making of a gross sum costs order. Therefore, the Court of Appeal found that the lower court had correctly exercised its discretion in making the specified gross sum costs order.

Based on the above reasoning, the Court of Appeal dismissed the appeal and affirmed the costs order made by the lower court. The court held that the lower court had correctly exercised its discretion to make a specified gross sum costs order, and that the order was in accordance with the principles applicable under section 98(4)(c) of the Civil Procedure Act. The appeal was dismissed, and the costs order made by the lower court remained in place.