1.—(1) The fees and percentages in Appendix B to these Rules shall be taken and paid in all causes and matters in the Supreme Court and the State Courts:
Provided that nothing herein shall affect any fees fixed by any written law not by these Rules expressly or impliedly repealed.
(2) The fees to be paid for the use of a technology Court and the facilities thereof, and for the use, preparation, and any matter related to the use, of a computer presentation system shall be as determined by the Chief Justice from time to time.
(3) Subject to paragraph (6), for the purpose of determining the appropriate court fees payable in the Supreme Court in Appendix B to these Rules, the following shall apply:
(a)
if the claim is for a liquidated demand, the value of the claim shall be that specified in the originating process;
(b)
if the claim is for unliquidated damages, the value of the claim shall be that estimated by the party filing the originating process;
(c)
if the claim relates to proceedings under the Probate and Administration Act (Cap. 251), the value of the claim shall be the value of the estate;
(d)
if the claim does not include any claim mentioned above, the claim shall be deemed to have a value of up to $1 million; and
(e)
in the case of a bill of costs, the value of the claim shall be the total amount claimed in the bill of costs.
(4) If the claim is for both liquidated demand and unliquidated damages, the value of the claim shall be the aggregate value of both claims.
(5) Where the claim includes or consists of a claim in foreign currency, the value of the claim shall be computed after converting the claim to Singapore dollars at an exchange rate applicable as at the date of the filing of the originating process.
(6) The Registrar may, after determining the value of the claim as awarded by the Court, require the parties to pay the difference in the court fees or refund to the parties the excess court fees paid.
(7) For the purpose of this Rule, the value of the claim shall exclude non-contractual interest.
Manner of payment of fees (O. 91, r. 2)
2. The fees and percentages to be taken and paid under this Order shall be collected in such manner as the Chief Justice or the Chief District Judge, with the concurrence of the Chief Justice, as the case may be, may from time to time direct.
Refund of fees paid for unused documents (O. 91, r. 3)
3.—(1) The Registrar may, if he thinks fit, refund any fee or part thereof which has been paid for any unused document.
(2) Every application under this Rule for the refund of any fee must be made —
(a)
by Request4 signed by the applicant or his solicitor; and
(b)
within 3 months after the date of the payment of the fee to be refunded.
(3) Where a refund of the fees paid for more than one unused document is being sought, a separate application must be made for the refund of the fee paid for each such unused document.
(4) Where an application under this Rule for the refund of any fee is not approved, the fee paid for the Request4 shall not be refundable.
Waiver of fees under Civil Procedure Convention (O. 91, r. 4)
4. The Registrar may, in any case, waive the payment of the whole or any part of the fees, costs, expenses and percentages to be taken and paid under these Rules if the waiver of such fees, costs, expenses and percentages is provided for by any Civil Procedure Convention.
Waiver or deferment of court fees (O. 91, r. 5)
5. 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 considers fit.
Exemption where cause or matter relates to criminal proceedings (O. 91, r. 6)
6.—(1) Where the Registrar is satisfied that any cause or matter relates to or is predicated upon criminal proceedings affecting the life or liberty of a party, the Registrar may, on the application of that party, issue a certificate of exemption from any fee payable or security for costs required or authorised to be furnished under these Rules.
(2) An application for a certificate under paragraph (1) shall be made by way of a letter addressed to the Registrar stating the grounds on which the application is made together with all necessary supporting documents.
(3) Notwithstanding any other provision in these Rules —
(a)
no fee shall be payable; and
(b)
no security for costs shall be required to be furnished,
by any party in the cause or matter, including any appeal therefrom, from the time that a certificate is issued under paragraph (1).
(4) The Registrar may, if he thinks fit, refund any fee or part thereof which has been paid in respect of a cause or matter for which a certificate under paragraph (1) is issued where such fee was paid before the certificate was issued.
(5) Nothing in this Rule shall prevent an order for costs from being made by the Court in favour of or against any party in the cause or matter, including any appeal therefrom.
