SGDC departs from the rule that a defendant bears costs for setting aside a default judgment in Shariffah Zaiton Binte Syed Agil Alsagoff v Rita Zahara Binte Mohamed Nazeer [2026] SGDC 127, citing claimant's conduct under ROC 2021.
The court ordered costs to be in the cause rather than against the defendant, departing from the usual practice of awarding costs to the successful applicant. The court reasoned that the claimant's refusal to consent to the setting aside violated the ROC 2021 Ideals regarding the avoidance of unnecessary litigation expenses and efficient use of court resources.
Why it mattersThis highlights the court's willingness to use cost orders to penalize parties who fail to adhere to the ROC 2021 Ideals by refusing reasonable settlement or procedural concessions.