JUDGMENT

(Application To Tax The Costs Awarded Earlier)

Kenneth St James JC:

Prelusion

[1] In November 2021, the Plaintiff (P) sued the Defendant (D) for its alleged breach of fiduciary as the City Council. P asserted that D failed and neglected to clear up the woods around P's house and its surrounding area.

[2] At a Case Management (CM) in February 2023 (a year-and-a-half later), P wanted to withdraw his suit.

[3] On 16 February 2023, P asked to withdraw his suit. I then struck out P's suit and ordered P to pay D fixed costs of RM15K.

[4] About a month later, on 7 March 2023, P filed encl 27. Encl 27 is worded in these terms-it prays for an Order for this Court to tax the costs ordered on 16 February 2023 when P withdrew this suit, according to the scale of costs.

How Was The Order Dated 16 February 2023 Made?

[5] On 16 February 2023, this suit was fixed for CM for parties to comply with Pre-Trial Directions. Parties had complied with almost all the Pre-Trial Directions that I gave them.

[6] Generally, the work that was done by the parties (particularly by D's solicitors) up to that date, included-

(1) preparing and settling the Pleadings;

(2) meeting with witnesses;

(3) preparing the respect