9. Order 59 of the principal Rules is amended —(a) | by inserting, immediately after the word “payment” in the last line of Rule 5, the words “and the conduct of all the parties, including conduct before, as well as during, the proceedings, and in particular the extent to which the parties followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar”; | (b) | by inserting, immediately after sub-paragraph (2) of paragraph 1 in Part I of Appendix 2, the following sub-paragraph:“(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.”; |
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| (c) | by inserting, immediately after sub-paragraph (3) of paragraph 2 in Part II of Appendix 2, the following items:“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 |
| | | | | | | | | | | | | | | (b) Affirmation fees for affidavit in support of application |
| | | | | | | (c) For each attempted service |
| | | | | | | (d) For the substituted service, if effected within Singapore — |
| | | | | | | (i) by posting on the door and notice board |
| | | | | | | (ii) by advertisement and posting on the notice board |
| | | | | | | (e) For service out of jurisdiction |
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| (d) | by inserting, immediately after Part II of Appendix 2, the following Part:Additional Items Where 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 |
| | | | | | | | | | | (2) Affirmation fees for supporting affidavit |
| | | | | (3) Personal service of the writ of summons in Singapore (if applicable) |
| | | | | (4) For each attempted service, where there is no order for substituted service (if applicable) |
| | | | | (5) Postage, photocopying, miscellaneous charges and incidentals |
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| (e) | by inserting, immediately after Part III of Appendix 2, the following Parts: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 —(a) | cases in Part I; and | (b) | cases in Part V: |
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Sum settled or awarded (where the plaintiff succeeds) or sum claimed (where the plaintiff fails) |
| | Costs (excluding disbursements) to be allowed |
| | | | (ii) More than $20,000 to $40,000 |
| | | (iii) More than $40,000 to $60,000 |
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(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. |
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Non-injury Motor Accident Actions 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. | Stage of proceedings matter is concluded |
| | Sum settled or awarded (excluding interest if any) |
| | | | | $1,000 to less than $10,000 |
| | | Any stage before defence is served |
| | | | | | | | | | | | | | Where defence to counterclaim is served |
| | | | | | | Where affidavits of evidence in chief are exchanged |
| | | | | | | | | | | | | | Each subsequent day of trial |
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| (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.”. |
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