Thailand Civil Procedure Code-Section 161-169
PART II
ULTIMATE LIABILITY FOR COSTS113
Section 161.114 Subject to the provisions of the following five sections, the party losing the case shall be ultimately liable for all costs. However, irrespective of whether either party wins the case in its entirety or in part, the court shall, at its discretion, have the power to render a judgement directing the winning party to be liable for all costs or each party to be liable to his or her own costs or in proportion to the costs previously incurred by all parties, taking into account the reasonableness and good faith of the parties’ conduct of the case.
In a non-contentious case, the party initiating the case shall pay the costs.
Section 162. Persons who are joint plaintiffs or joint defendants shall not be jointly liable for costs but shall be liable to an equal share thereof, unless they are joint creditors or joint debtors or the court orders otherwise.
Section 163. If a case is finally settled by an agreement or compromise or arbitration, each party shall be liable to the costs for the proceedings carried out by such party, unless otherwise agreed by the parties.
Section 164. In the case of a deposit with court under sections 135, 136, the defendant shall not be liable for the costs with respect to the sum deposited, incurred subsequent to such deposit.
If the plaintiff accepts that such sum deposited with the court is in full satisfaction of his or her claim, the defendant shall be liable for the costs.
If the plaintiff accepts that such sum deposited with the court is in part satisfaction of his or her claim and proceeds with the case, the defendant shall be liable for the costs, unless the court renders a judgement directing the plaintiff to lose the case, in which case the plaintiff shall be liable for all costs incurred from his or her refusal to accept the sum deposited with the court in full satisfaction of his or her claim.
Section 165. In the case of performance as provided for by section 137, if the plaintiff accepts such performance in full satisfaction of his or her claim, the defendant shall be liable for the costs, unless the court sees fit to order otherwise.
If the plaintiff is not satisfied with such performance and proceeds with the case, the costs shall be at the court’s discretion. However, if the court views that such performance is in full satisfaction of the plaintiff’s claim, the plaintiff shall be liable for all costs incurred from the plaintiff’s refusal to accept such performance.
Section 166.115 A party shall be liable for the costs incurred from any proceedings unnecessarily carried out by such party or carried out by such party to delay the case or carried out due to his or her fault or gross negligence, irrespective of whether such party will win the case.
Section 167. An order concerning costs shall, whether or not upon the request of all or either party, be given by the court in a judgement or order adjudicating the case or in an order of disposal of the case from the case list, as the case may be. However, if the court, for the purpose of the adjudication of a case, issues any order during trial, it may issue an order concerning costs for the proceedings terminated in such order or in a judgement or order adjudicating the case, at its option.
In the case of a dispute on the matter which is not an issue in the case, the court shall issue an order concerning costs for such dispute in an order deciding such dispute.
In the case of a new trial, the court shall have the power to issue an order concerning costs for the first and the new trials in a judgement or order.
Section 168. In the case where a party may appeal or petition against a judgement or an order of a court, the party shall not appeal or petition on a question of costs alone, unless the ground for such appeal or petition is that the cost has not been determined or calculated correctly according to law.
Section 169.116 When a decision has been given on costs, the Chief of the Office of the Justice Court of First Instance shall prepare an account showing the costs paid by each of the parties respectively and the amount to be liable by either or both parties according to the court’s decision. Any party or person concerned may request a copy of such account.
Section 169/1.117 If a person who is required to pay costs has any unpaid costs owed to a court or to an executing officer or to any person other than a judgement creditor, such court, executing officer or person may enforce payment of such costs out of the property of such person as if he or she were a judgement debtor. In this case, the Chief of the Office of the Justice Court of First Instance, the executing officer or the person entitled to the costs, as the case may be, shall be deemed to be a judgement creditor.
The execution under paragraph one shall be exempted from all execution costs. However, if there is any remainder of the proceeds of the execution after payment to the entitled persons, such exempted costs shall be deducted from the remainder.
Section 169/2.118 Subject to the provision of section 169/3, a judgement debtor shall be liable for execution costs, which shall be deducted from the proceeds derived from the seizure, attachment, sale or disposal of the property of the judgement debtor or from the sum deposited by the judgement debtor.
In the case where the execution is carried out against a bailor in a court, the execution costs in such part shall be deducted from the proceeds derived from the execution of the bail bond. 119
In the case where the execution of a judgement is carried out for the purpose of the division of coownership or an estate, the coowners or heirs receiving the share thereof shall be liable for the execution costs, which shall be deducted from the proceeds of the sale or disposal of the property which is co-owned or the estate.
In the case where any execution is withdrawn other than the cases under section 292 (1) and (5), the judgement creditor who applies for seizure or attachment of the property shall be liable for the execution costs.120
Section 169/3.121 In the case where the execution costs incurred from any execution unnecessarily carried out or carried out to delay the case or carried out due to a person’s fault or gross negligence or dishonestly carried out, prior to the completion of such execution, the injured person or judgement debtor, as the case may be, may file a motion with the court within seven days from the date on which the circumstances upon which such allegation is grounded are known, for the court to issue an order directing the person carrying out such act to be liable for such costs.
The court’s order under this section may be appealed to an appeal court and a judgement or order of the appeal court shall be final.
Unofficial Translation Chaninat and Leeds Ltd. Thailand Attorneys
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