COSTS ON JUDGMENT WITHOUT TRIAL |
1.—(1) The scale of costs set out in Part 2 of this Appendix applies 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 originating claim; | (b) | cases in which the claimant obtains final judgment in default of a notice of intention to contest or not contest or in default of defence; | (c) | cases in which —(i) | the claimant obtains final judgment under Order 9, Rule 17 unconditionally; | (ii) | the Court dismisses an application for summary judgment under Order 9, Rule 17; or | (iii) | the Court gives the defendant against whom an application for summary judgment under Order 9, Rule 17 is made unconditional permission to defend. |
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(2) Where the claimant is also entitled under the judgment to damages to be assessed, or where the claimant claims any relief of the nature specified in Order 52, Rule 1, this Part does not apply. |
(3) In respect of the cases set out in sub‑paragraph (1)(a) and (b), where the claimant is entitled under the judgment to costs on an indemnity basis, the scale of costs and disbursements set out in both Parts 2 and 3 of this Appendix apply. |
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2. Costs to be allowed (excluding disbursements) in cases under the following sub-paragraphs of paragraph 1(1) in Part 1 of this Appendix: | | | | (a) | under sub-paragraph (a) |
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| | | | (b) | under sub-paragraph (b) |
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| | | | (c) | under sub-paragraph (c) |
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COSTS FOR ADDITIONAL ITEMS |
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| | | | | | | | 3.—(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 |
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| | | | | | | | | | (2) Where substituted service is ordered and effected, in respect of each defendant served |
| | | | | (3) Where service out of Singapore is ordered and effected |
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The disbursements allowed under sub-paragraphs (2) and (3) are limited to disbursements reasonably incurred in connection with the substituted service and service out of Singapore, and are the following: |
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| | | | | (b) | affirmation fees for affidavit in support of application |
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| | | | | (c) | for each attempted service |
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| | | | | (d) | for the substituted service, if effected within Singapore — |
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| | | | | (i) | by posting on the door |
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| | | | | | | | | | (e) | for service out of Singapore |
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| | | | | | | | | | (4) In the case of a judgment in default of defence or judgment pursuant to an application for summary judgment under Order 9, Rule 17, where notice of intention to contest or not contest is not given on the day on which the notice is filed, and the claimant makes an affidavit of service for the purpose of a judgment in default of a notice of intention to contest or not contest (the allowance to include the search fee) |
| | | | | (5) In the case of a judgment pursuant to an application for summary judgment under Order 9, Rule 17 where an affidavit of service of the summons is required |
| | | | | (6) In the case of a judgment in default of a notice of intention to contest or not contest, or defence, on an application by summons under Order 51, Rule 4 |
| | | | | And where there is more than one defendant in respect of each additional defendant |
| | | | | (7) Where bankruptcy or winding up searches are required by the Court |
| | | | | (8) Where the law firm is a GST‑registered firm |
| | | | | (9) Any other item approved by the Registrar |
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ADDITIONAL ITEMS WHERE COSTS ARE ON INDEMNITY BASIS |
4. Disbursement to be allowed in addition to the items claimed under Part 2 of this Appendix in cases under paragraph 1(3) in Part 1 of this Appendix: | | Disbursement to be allowed |
| | | | | | | | | | | (b) | affirmation fees for supporting affidavit |
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| | | | | (c) | personal service of the originating claim in Singapore (if applicable) |
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| | | | | (d) | for each attempted service, where there is no order for substituted service (if applicable) |
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| | | | | (e) | postage, photocopying, miscellaneous charges and incidentals |
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5. Where a claimant or defendant signs judgment for costs under Rule 9, there is to be allowed the following costs, in addition to disbursements: |
6. Where an application for enforcement of a judgment or an order is made, there is to be allowed to the enforcement applicant the following costs:(a) | costs (excluding the costs in sub‑paragraphs (b) and (c) below):(i) | in a Magistrate’s Court action — $1,000; | (ii) | in a District Court action — $3,000; | (iii) | in an action in the General Division — $5,000; |
| (b) | charges, commission, expenses and fees paid to the Sheriff; | (c) | reasonable disbursements incurred by the applicant. |
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MAGISTRATES’ COURTS CASES (EXCLUDING CASES IN PART 1 AND NON‑INJURY MOTOR ACCIDENT ACTIONS IN PART 6) |
7.—(1) Costs to be allowed in Magistrates’ Courts cases excluding —(a) | cases in Part 1 of this Appendix; and | (b) | cases in Part 6 of this Appendix:Sum settled or awarded (where the claimant succeeds) or sum claimed (where the claimant fails) |
| Costs (excluding disbursements) to be allowed |
| | | | (ii) | more than $20,000 to $40,000 |
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| | | (iii) | more than $40,000 to $60,000 |
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(2) The above scales apply to the entire proceedings irrespective of whether the issues of liability and quantum are tried together or separately. |
(3) Where the claimant’s claim for unliquidated damages is discontinued or dismissed, the court is to award such costs within the above scales as the court deems appropriate. |
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NON‑INJURY MOTOR ACCIDENT ACTIONS IN MAGISTRATES’ COURTS |
8.—(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 3 in Part 2 of this Appendix 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 are to follow the TABLE below: |
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Stage of proceedings matter is concluded |
| Sum settled or awarded (excluding interest if any) |
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| | $1,000 to less than $10,000 |
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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 (i.e., interlocutory judgment is entered with damages to be assessed), costs will be fixed at a percentage of the scale in the TABLE as follows, depending on the stage at which liability and quantum are resolved:(i) | if liability is resolved before the originating claim is issued and the claimant 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; | (ii) | if liability is resolved after the originating claim is issued but before affidavits of evidence‑in‑chief are exchanged, costs will be 90% of the scale; | (iii) | if liability is resolved after affidavits of evidence‑in‑chief are exchanged, costs will be 100% of the scale. |
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