On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
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APPENDIX 2
(O. 59, r. 31 (2)) | FIXED COST |
Part I
Costs On Judgment
Without Trial
Without Trial
1.—(1) The scale of costs set out in Part II of this Appendix shall apply in relation to the following cases:
(a)
cases in which the defendant pays the amount claimed within the time and in the manner required by the endorsement of the writ;
(b)
cases in which the plaintiff obtains final judgment in default of appearance or of defence under —
(i)
Order 13, Rule 1;
(ii)
Order 13, Rule 1 by virtue of Order 79, Rule 4;
(iii)
Order 13, Rule 4 or 5;
(iv)
Order 19, Rule 2;
(v)
Order 19, Rule 2 by virtue of Order 79, Rule 4; or
(vi)
Order 19, Rule 5 or 6; and
(c)
cases in which —
(i)
the plaintiff obtains final judgment under Order 14 unconditionally;
(ii)
the Court dismisses an application under Order 14, Rule 1; or
(iii)
the Court gives the defendant against whom an application under Order 14, Rule 1 is made unconditional leave to defend.
[S 540/2010 wef 15/09/2010]
(2) Where the plaintiff is also entitled under the judgment to damages to be assessed, or where the plaintiff claims any relief of the nature specified in Order 83, Rule 1, this Part shall not apply.
(3) In respect of the cases set out in sub-paragraphs (1)(a) and (b), where the plaintiff is entitled under the judgment to costs on an indemnity basis, the scale of costs and disbursements set out in both Parts II and IIA of this Appendix shall apply.
Part II
Basic Costs
Costs to be allowed (excluding disbursements) in cases under the following sub-paragraphs of paragraph 1(1) of Part I:
High Court | District Court | Magistrate’s Court | |
(a) under sub-paragraph (a) | $ 2,000 | $ 1,500 | $ 800 |
(b) under sub-paragraph (b) | $ 2,300 | $ 1,800 | $1,000 |
(c) under sub-paragraph (c) | $ 4,000 to $15,000 | $ 3,000 to $10,000 | $2,000 to $6,000 |
COSTS FOR ADDITIONAL ITEMS
Costs to be allowed | |||
High Court | District Court | Magistrate’s Court | |
2.—(1) Where there is more than one defendant, in respect of each additional defendant served — | |||
(a) if the additional defendant is represented by the same solicitor as any other defendant | $100 | $100 | $100 |
(b) in any other case | $200 | $200 | $150 |
(2) Where substituted service is ordered and effected, in respect of each defendant served | $350 plus disbursement | $350 plus disbursement | $300 plus disbursement |
(3) Where service out of jurisdiction is ordered and effected | $700 plus disbursement | $700 plus disbursement | $600 plus disbursement |
The disbursements allowed under sub-paragraphs (2) and (3) shall be limited to disbursements reasonably incurred in connection with the substituted service and service out of jurisdiction, and are the following: | |||
Disbursement to be allowed | |||
High Court | District Court | Magistrate’s Court | |
(a) Court fees | Actual fees | Actual fees | Actual fees |
(b) Affirmation fees for affidavit in support of application | Actual fees | Actual fees | Actual fees |
(c) For each attempted service | $ 20 | $ 20 | $ 20 |
(d) For the substituted service, if effected within Singapore — | |||
(i) by posting on the door and notice board | $ 20 | $ 20 | $ 20 |
(ii) by advertisement and posting on the notice board | Actual cost | Actual cost | Actual cost |
(e) For service out of jurisdiction | Actual cost | Actual cost | Actual cost |
(f) Title searches | Actual cost | Actual cost | Actual cost; and |
(4) In the case of a judgment in default of defence or judgment under Order 14, where notice of appearance is not given on the day on which appearance is entered, and the plaintiff makes an affidavit of service for the purpose of a judgment in default of appearance (the allowance to include the search fee) | $200 | $200 | $150 |
(5) In the case of a judgment under Order 14 where an affidavit of service of the summons is required | $200 | $200 | $150 |
(6) In the case of a judgment in default of appearance or defence on an application by summons under Order 79, Rule 4 | $200 | $200 | $200 |
And where there is more than one defendant in respect of each additional defendant | $150 | $150 | $100 |
(7) Where bankruptcy or winding up searches are required by the Court | Actual cost | Actual cost | Actual cost |
(8) Where the law firm is a GST-registered firm | Actual GST payable | Actual GST payable | Actual GST payable |
(9) Any other item approved by the Registrar | Actual amount allowed | Actual amount allowed | Actual amount allowed. |
[S 605/2009 wef 01/01/2010]
Part IIA
Additional Items Where
Costs Are On Indemnity Basis
Costs Are On Indemnity Basis
Disbursement to be allowed in addition to the items claimed under Part II in cases under paragraph 1(3) of Part I:
Disbursement to be allowed | |||
High Court | District Court | Magistrate’s Court | |
(1) Court fees | Actual fees | Actual fees | Actual fees |
(2) Affirmation fees for supporting affidavit | Actual fees | Actual fees | Actual fees |
(3) Personal service of the writ of summons in Singapore (if applicable) | $ 20 | $ 20 | $ 20 |
(4) For each attempted service, where there is no order for substituted service (if applicable) | $ 20 | $ 20 | $ 20 |
(5) Postage, photocopying, miscellaneous charges and incidentals | $ 50 | $ 50 | $ 50 |
Part III
Miscellaneous
3. Where a plaintiff or defendant signs judgment for costs under Rule 10, there shall be allowed the following costs, in addition to disbursements:
Costs to be allowed | |||
High Court | District Court | Magistrate’s Court | |
Costs of judgment | $300 | $300 | $200 |
4. Where upon the application of any person who has obtained a judgment or order against a debtor for the recovery or payment of money a garnishee order is made under Order 49, Rule 1, against a garnishee attaching debts due or accruing due from him to the debtor, there shall be allowed the following costs, in addition to disbursements:
(a)
to the garnishee, to be deducted by him from any debt owing by him as aforesaid before payments to the applicant —
If no affidavit used | If affidavit used | ||||
High Court | District Court | Magistrate’s Court | High Court | District Court | Magistrate’s Court |
150 | 150 | 150 | 300 | 300 | 300 |
(b)
to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the garnishee order and in priority to the amount of the debt owing to him under the judgment or order —
Costs to be allowed | ||
High Court | District Court | Magistrate’s Court |
$750 | $750 | $600 |
(c)
where the garnishee fails to attend the hearing of the application and an affidavit of service is required —
Costs to be allowed | ||
High Court | District Court | Magistrate’s Court |
$200 | $200 | $150 |
5. Where leave is given under Order 45, Rule 3, to enforce a judgment or order for the recovery of possession of land by writ of possession, if costs are allowed on the judgment or order there shall be allowed the following costs, in addition to disbursements, which shall be added to the judgment or order:
High Court | District Court | |
(a) Costs | $800 | $800 |
(b) Where notice of proceedings has been given to more than one person, in respect of each additional person | $100 | $100 |
6. Where a writ of execution within the meaning of Order 46, Rule 1, is issued against any party, there shall be allowed the following costs, in addition to disbursements:
Costs to be allowed | |||
High Court | District Court | Magistrate’s Court | |
Costs of issuing execution | $750 | $750 | $400 where it is a Small Claims action; $600 in any other case. |
Part IV
Magistrates’ Courts Cases
(EXCLUDING CASES IN PART I AND
NON-INJURY MOTOR ACCIDENT ACTIONS
IN PART V)
(1) Costs to be allowed in Magistrates’ Court cases excluding —NON-INJURY MOTOR ACCIDENT ACTIONS
IN PART V)
(a)
cases in Part I; and
(b)
cases in Part V:
Sum settled or awarded (where the plaintiff succeeds) or sum claimed (where the plaintiff fails) | Costs (excluding disbursements) to be allowed |
(i) Up to $20,000 | $3,000 to $6,000 |
(ii) More than $20,000 to $40,000 | $4,000 to $12,000 |
(iii) More than $40,000 to $60,000 | $5,000 to $18,000 |
(2) The above scales shall apply to the entire proceedings irrespective of whether the issues of liability and quantum are tried together or separately.
(3) Where the plaintiff’s claim for unliquidated damages is discontinued or dismissed, the court shall award such costs within the above scales as it deems appropriate.
Part V
Non-injury Motor Accident Actions
In Magistrates’ Courts
In Magistrates’ Courts
1.—(1) In this Part, “non-injury motor accident action” means an action arising out of an accident on land due to a collision or an apprehended collision involving one or more motor vehicles, but not involving any claim for personal injuries.
(2) The scale of costs set out in sub-paragraphs (a) and (b) (which are exclusive of disbursements) together with paragraph 2 of Part II of this Appendix shall apply to all non-injury motor accident actions filed in the Magistrates’ Courts —
(a)
where the matter is concluded in respect of the issues of liability and quantum simultaneously, the costs shall follow the TABLE.
TABLE | |||
Stage of proceedings matter is concluded | Sum settled or awarded (excluding interest if any) | ||
Less than $1,000 | $1,000 to less than $10,000 | $10,000 and above | |
Any stage before defence is served | $1,000 | $1,000 — $1,200 | $1,200 — $1,500 |
Where defence is served | $1,000 | $1,200 — $1,500 | $1,500 — $1,800 |
Where defence to counterclaim is served | $1,000 | $1,500 — $1,800 | $1,800 — $2,100 |
Where affidavits of evidence in chief are exchanged | $1,300 | $1,800 — $2,800 | $2,300 — $3,500 |
The 1st day of trial | $1,500- $2,000 | $3,200- $3,800 | $3,800- $6,000 |
Each subsequent day of trial | Add up to $1,000 | Add up to $1,500 | Add up to $3,000 |
(b)
where liability and quantum are resolved separately (ie. interlocutory judgment is entered with damages to be assessed), costs will be fixed at a percentage of the scale in the TABLE, depending on the stage at which liability and quantum are resolved. If liability is resolved before the writ is issued and the plaintiff follows or ought to have followed the procedure in these Rules or the relevant practice direction, costs will be 80% of the scale at the relevant stage at which the matter is concluded. If liability is resolved after the writ is issued but before affidavits of evidence in chief are exchanged, costs will be 90% of the scale. If liability is resolved after affidavits of evidence in chief are exchanged, costs will be 100% of the scale.