Section 161 — Losing party bears the costs
Statutory text (Thai original)
ภายใต้บังคับบทบัญญัติห้ามาตราต่อไปนี้ ให้คู่ความฝ่ายที่แพ้คดีเป็นผู้รับผิดในชั้นที่สุดสำหรับค่าฤชาธรรมเนียมทั้งปวง แต่ไม่ว่าคู่ความฝ่ายใดจะชนะคดีเต็มตามข้อหาหรือแต่บางส่วน ศาลมีอำนาจที่จะพิพากษาให้คู่ความฝ่ายที่ชนะคดีนั้นรับผิดในค่าฤชาธรรมเนียมทั้งปวง หรือให้คู่ความแต่ละฝ่ายรับผิดในค่าฤชาธรรมเนียมส่วนของตนหรือตามส่วนแห่งค่าฤชาธรรมเนียมซึ่งคู่ความทุกฝ่ายได้เสียไปก่อนได้ตามที่ศาลจะใช้ดุลพินิจ โดยคำนึงถึงเหตุสมควรและความสุจริตในการดำเนินคดี
คดีที่ไม่มีข้อพิพาทให้ฝ่ายเริ่มคดีเป็นผู้เสียค่าฤชาธรรมเนียม
English translation
Subject to the provisions of the following five sections, the party who loses the case shall be ultimately liable for all court fees and costs. But whether a party wins the case in full on its claims or only in part, the court has the power to render judgment ordering the winning party to be liable for all court fees and costs, or ordering each party to be liable for its own costs or for a proportionate share of the court fees and costs that all parties have incurred, as the court exercises its discretion, having regard to reasonable cause and good faith in the conduct of the case.
In a case without dispute, the party that commenced the case shall pay the court fees and costs.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 161 opens Part 2 on ultimate liability for costs and states the loser-pays default, subject to the exceptions in the following sections. The general rule is that the losing party bears all court fees and costs, which courts confirm include the attorney-fee component fixed under the fee schedules. The section then preserves a broad judicial discretion: even a party who wins in whole or in part may be made to bear all the costs, or the costs may be apportioned, guided by reasonable cause and the parties' good faith in conducting the litigation. Paragraph two allocates costs in non-contentious matters to the party who commenced the case. Because appeal courts must revisit the costs order when they alter the result, Section 161 is frequently read together with Section 167 and, on apportionment, Section 162.
Why this matters in practice
Winning does not guarantee you recover your costs, and losing does not always mean paying every baht: the court has real discretion to shift or split court fees and lawyer's-fee awards based on how reasonably and honestly each side ran the case, so conduct matters. Note too that costs awarded under this section reflect the schedule figures, which are usually far below what you actually pay your lawyer, so budget your legal spend on that basis, see our legal fees page. When a judgment is reversed on appeal, insist that the costs order be revisited so it matches the new result.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 1282/2568 (2025)
When an appellate court reverses the result in a party's favour, that party is no longer the losing party liable for all costs under Section 161, and the appellate court must also revise the costs order for the lower court, read with Section 167.
After the Court of Appeal Region 4 reversed to make the plaintiff the winner, the plaintiff was no longer the losing party liable for all costs under the trial judgment. The appellate court's failure to revise the trial-court costs order was contrary to Sections 161 and 167, and the Supreme Court corrected it.
-
Supreme Court Judgment No. 425/2566 (2023)
Section 161 makes the losing party ultimately liable for all court fees and costs, including attorney's fees as a component of costs, but the court retains discretion to make a winning party liable or to apportion costs between the parties.
The Supreme Court explained that Section 161 makes the losing party ultimately liable for all court fees and costs, including attorney's fees as part of the costs, while also giving the court discretion to make the winning party bear all the costs or to have each party bear its own share.
-
Supreme Court Judgment No. 2120/2566 (2023)
Where many plaintiffs sue together in one case, the attorney-fee award is calculated on the total claim of the whole case, not per plaintiff, and the court may in its discretion order co-defendants jointly liable for costs under Sections 161 and 162.
With 118 plaintiffs suing in one case, the Supreme Court held the attorney fee under Table 6 must be calculated on the total claim of the whole case, not per plaintiff, and that the court could order the two defendants jointly liable for costs under Sections 161 and 162, upholding the trial court's award of 150,000 baht in attorney fees.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Who pays legal costs in a Thai civil case?
Under Section 161 the losing party is ultimately liable for all court fees and costs, including the attorney-fee element, but the court may in its discretion shift or apportion them having regard to reasonable cause and good faith.
Do the costs awarded cover what I actually paid my lawyer?
Usually not in full. The attorney-fee element under Section 161 is set by the fee schedules annexed to the Code and is typically much lower than the fee you agree with your lawyer.
Who pays costs in a non-contentious case?
Section 161 paragraph two provides that in a case without dispute, the party who commenced the case pays the court fees and costs.