1.—(1) The fees payable for any cause or matter for hearing —
(a)
before a District Judge or a Magistrate in open Court, including applications (interlocutory or otherwise) fixed for hearing in open Court on special hearing dates;
(b)
before the Registrar in the State Courts for the examination of witnesses;
(c)
before a Judge in the High Court in open Court and applications (interlocutory or otherwise) fixed for hearing in chambers or in open Court on special hearing dates;
(d)
before the Registrar in the High Court for the assessment of damages, the taking of accounts, the making of inquiries and references under Order 70, Rule 40; and
(e)
before the Registrar in the High Court for the examination of witnesses,
shall be as specified in the following Table:
FEES
(A) Open Court hearing before District Judge or Magistrate
District Court
Magistrate’s Court
Document on which the stamp is to be affixed
$
$
1.
For each day or part thereof after the first day
500
250
Request4.
(B) Hearing before State Courts Registrar for examination of witnesses
District Court matter
Magistrate’s Court matter
Document on which the stamp is to be affixed
$
$
1.
On every appointment for the examination of a witness
50
50
Request4.
2.
On every witness sworn or examined, for each hour or part thereof
100
50
Request4.
(C) Hearing before Judge in the High Court
High Court
High Court
With value of up to $1 million
With value of more than $1 million
Document on which the stamp is to be affixed
$
$
1.
For the whole or part of the fourth day
6,000
9,000
Request4.
2.
For the whole or part of the fifth day
2,000
3,000
Request4.
3.
For each day or part thereof of the sixth to tenth days
3,000
5,000
Request4.
4.
For each day or part thereof subsequent to the above
5,000
7,000
Request4.
(D) Hearing before High Court Registrar for assessment of damages, taking of accounts, making of inquiries and references under Order 70, Rule 40
Document on which the stamp is to be affixed
$
1.
For the whole or part of the fourth day (including the number of days taken for the determination of liability before a Judge of the High Court)
1,000
Request4.
2.
For each day or part thereof subsequent to the above
1,000
Request4.
(E) Hearing before High Court Registrar for examination of witnesses
High Court matter with value of up to $1 million
High Court matter with value of more than $1 million
Document on which the stamp is to be affixed
$
$
1.
On every appointment for the examination of a witness
100
200
Request4.
2.
On every witness sworn or examined, for each hour or part thereof
250
500
Request4.
(2) Where paragraph (1)(a) or (c) applies, the plaintiff, the appellant or the applicant, as the case may be, must pay the fees and file the Request4, in Form 224, at the time he sets the cause or matter down for hearing, files the record of appeal, files his request for special or further hearing dates, or at the time the Registry so requires, as the case may be.
(2A) Where paragraph (1)(d) applies, the party entitled to the benefit of the judgment, the party who has obtained an order for the taking of accounts or making of inquiries, or the party making a reference to a Registrar under Order 70, Rule 40, as the case may be, must pay the fees and file the Request4, in Form 224, at the time of filing the notice of appointment for the assessment of damages, the notice of appointment for the taking of accounts or the making of inquiries, or the reference under Order 70, Rule 40, or at the time the Registry so requires, as the case may be.
(2B) Where paragraph (1)(b) or (e) applies, the plaintiff or the applicant, as the case may be, must pay the fees and file the Request4 in Form 224 at the time of extraction of the order for examination of witnesses or at the time the Registry so requires, as the case may be.
(3) The Registrar may, in any case, waive or defer the payment of the whole or any part of the fees on such terms and conditions as he deems fit.
(4) The Registrar —
(a)
shall refund the whole of the fees paid if he is notified in writing not later than 14 days before the first date fixed for hearing that the cause or matter has been settled or discontinued; and
(b)
may, in any other case, as he deems fit, refund the whole or any part of the fees paid.
(5) Any party requesting a refund of the whole or any part of the fees, pursuant to paragraph (4)(b), must make a written request to the Registrar within one month from the date of settlement or discontinuance, or from the last hearing date, whichever is later.
(6) Order 3, Rule 4 shall not apply to paragraph (5).
Hearing fee in Court of Appeal (O. 90A, r. 2)
2.—(1) The following fee shall be payable for appeals or any other hearing before the Court of Appeal:
Fee
Fee
With value of up to $1 million
With value of more than $1 million
Document on which the stamp is to be affixed
$
$
For each day or part thereof subsequent to the first day
4,000
6,000
Request4.
(2) The appellant or the applicant must pay the fee and file the Request4, in Form 224, within 14 days after he files his Case or at the time he files the application, or before the second or each subsequent day of hearing, as the case may be.
(3) The Registrar may, in any case, waive or defer the payment of the whole or any part of the fee on such terms and conditions as he deems fit.
(4) The Registrar —
(a)
shall refund the whole of the fee paid if the appeal is deemed to have been withdrawn under Order 57; and
(b)
may, in any other case, as he deems fit, refund the whole or any part of the fee paid.
(5) Any party requesting a refund of the whole or any part of the fee, pursuant to paragraph (4)(b), must make a written request to the Registrar within one month from the date of withdrawal of the appeal or application or from the last hearing date, whichever is the later.
(6) Order 3, Rule 4 shall not apply to paragraph (5).
Value of claim (O. 90A, r. 2A)
2A. For the purpose of determining the appropriate hearing fees payable under Rules 1 and 2, the value of the claim shall be the same as that prescribed in Order 91, Rule 1.
No hearing fee for some proceedings (O. 90A, r. 3)
3. This Order shall not apply to —
(a)
actions for damages for death or personal injuries; or
(b)
any cause or matter under the following Acts and appeals therein:
(i)
Adoption of Children Act (Cap. 4);
(ii)
Guardianship of Infants Act (Cap. 122);
(iii)
Inheritance (Family Provision) Act (Cap. 138);
(iv)
Maintenance of Parents Act (Cap. 167B);
(v)
Mental Capacity Act (Cap. 177A);
(va)
Mental Health (Care and Treatment) Act (Cap. 178A); and
(vi)
Women’s Charter (Cap. 353);
(c)
any application for an Order for Review of Detention11 and appeals therein;
(d)
any appeal or application by a regulatory body of a profession constituted under the following Acts in disciplinary proceedings:
(i)
Accountants Act (Cap. 2);
(ii)
Architects Act (Cap. 12);
(iii)
Dental Registration Act (Cap. 76);
(iv)
Land Surveyors Act (Cap. 156);
(v)
Legal Profession Act (Cap. 161);
(vi)
Medical Registration Act (Cap. 174);
(vii)
Nurses and Midwives Act (Cap. 209);
(viii)
Pharmacists Registration Act (Cap. 230); and
(ix)
Professional Engineers Act (Cap. 253).
Hearing fee payable for winding up applications (O. 90A, r. 4)
4. This Order shall apply to proceedings relating to the winding up of companies where such proceedings are fixed for hearing in open Court on special hearing dates, and to appeals therein.
Powers of Registrar and Court concerning hearing fees (O. 90A, r. 5)
5.—(1) The Registrar may, at any stage of any proceedings or after the conclusion of any such proceedings, including appeals and other matters before the Court of Appeal, direct that the hearing fees be paid by any party or be apportioned among all or any of the parties.
(2) The Registrar may make such order as he deems fit to secure compliance with any provision of this Order or any direction made under paragraph (1), including giving judgment on or dismissing any claim or counterclaim and may refer any question pertaining to hearing fees in an appeal or matter pending before the Court of Appeal to that Court.
(3) The Court or the Court of Appeal, as the case may be, may exercise the powers of the Registrar in paragraphs (1) and (2).
Review of Registrar’s decision (O. 90A, r. 6)
6.—(1) Any party who is dissatisfied with any decision of the Registrar made under this Order may apply to a Judge of the High Court or a District Judge, as the case may be, for a review of that decision.
(2) An application under this Rule shall be made by summons supported by an affidavit, within 14 days of that decision.
