APPENDIX G

5. It should further be noted that in the event of an appeal, costs awards made by the court of first instance may be supplemented or otherwise modifi...

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APPENDIX G Para. 99B GUIDELINES FOR PARTY-AND-PARTY COSTS AWARDS IN THE SUPREME COURT OF SINGAPORE

I.

Use of the Costs Guidelines

1.

This Appendix provides guidelines for party-and-party costs in the Supreme Court (the “Costs Guidelines”).

2.

These Costs Guidelines have been approved for publication by the Judges of the Supreme Court. It is intended to provide a general indication on the quantum and methodology of party-and-party costs awards in specified types of proceedings in the Supreme Court, taking into account past awards made, internal practices and general feedback.

3.

The precise amount of costs awarded remains at the discretion of the judicial officer making the award, who may depart from the amounts set out in these Costs Guidelines depending on the particular circumstances of each case (see in particular Order 59, Appendix 1 of the Rules of Court). Nothing in these Costs Guidelines is intended to guide or influence the charging of solicitor-and-client costs.

4.

Litigants in person should take note of Order 59, Rule 18A of the Rules of Court, the application of which shall remain unaffected by these Costs Guidelines.

5.

It should further be noted that in the event of an appeal, costs awards made by the court of first instance may be supplemented or otherwise modified by the appellate court as appropriate.

6.

The Supreme Court may from time to time review these Costs Guidelines.

II.

Costs Guidelines for Summonses

A.

General Guidelines Nature of Application

Uncontested

Costs ($) (excl disbursements) 500 – 1,000

Contested 1,000 – 3,000 • Application on normal list lasting less than 45 mins 2,000 – 6,000 • Application on normal list lasting 45 mins or longer • Complex or lengthy application fixed for special hearing 4,000 – 15,000 (duration of 3 hrs) B.

Specific Summonses

Adjournment

Costs ($) (excl disbursements) 350 – 500

Amendments of pleadings

1,000 – 6,000

Further & better particulars / discovery / interrogatories

2,000 – 6,000

Security for costs

2,000 – 6,000

Extension of time

1,000 – 2,000

Interim payment (O 29 of the Rules of Court)

2,000 – 6,000

Striking out (O 18 r 19 of the Rules of Court) • General guideline figure • Whole suit / defence struck out

2,000 – 8,000 6,000 – 20,000

Summary judgment (O 14 of the Rules of Court) • Judgment given • Application dismissed

4,000 – 20,000 4,000 – 15,000

Setting aside of judgment • Irregular judgment • Regular judgment

1,000 4,000 – 15,000

Nature of Application

Stay of proceedings for arbitration or on grounds of forum non conveniens

5,000 – 16,000

Stay of proceedings pending appeal

2,000 – 6,000

Examination of judgment debtor

2,000 – 6,000

Discharge of solicitor

500 – 1,200

III. Costs Guidelines for Trials (excluding Assessments of Damages (“AD”)) A.

Section 1 Costs

(i)

Party-and-Party Costs for trials (except for matters which are settled before or during trial) Daily Tariff

$10,000

$15,000

$17,000

$20,000

Motor accident

Simple tort, contract, corporate/company law disputes (no novel issues of law or complex facts)

Complex tort or contract

Defamation Medical negligence Complex corporate/company law disputes

$20,000 – $30,000 Admiralty; Banking / letters of credit / international finance

Judicial review, public and administrative law

Construction Equity & trust Intellectual property

Percentage of tariff to be applied for each hearing day 1st – 5th day of trial 100% of tariff 6th – 10th day of trial

80% of tariff

11th day onwards

60% of tariff

Illustration: Application of tariff to motor accident claim taking up 12 hearing days Day 1 to Day 5: $10,000 * 5 = $50,000 Day 6 to Day 10:

$10,000 * 5 * 0.8 =

$40,000

Day 11 to Day 12:

$10,000 * 2 * 0.6 =

$12,000

$50,000 + $40,000 + $12,000 =

$102,000

Total Guideline amount:

Note: Where figures assessed by reference to the above are lower than those provided for matters in respect of which settlement has been reached, the awards made may have regard to the figures in section (ii) below.

(ii)

Party-and-Party Costs for matters which are settled before judgment

Stage of Proceedings Settled at close of pleadings

Costs ($) 5,000 – 20,000

Settled after discovery

6,000 – 35,000

Settled after exchange of Affidavits of Evidence In Chief (“AEICs”)

25,000 – 50,000

Settled after trial has commenced

• Costs for utilised hearing days shall be calculated in accordance with the tariff amounts set out above. • In addition, costs for remaining unutilised hearing days to be calculated in accordance with the aforesaid weightage: o 60% of tariff for each of first 5 unutilised hearing days; o 40% of tariff for each unutilised hearing day from the 6th to 10th unutilised hearing days; o 20% of tariff for each unutilised hearing day from the 11th to 20th unutilised hearing days; o 10% of tariff for each unutilised hearing day from the 21st unutilised hearing day onwards.

Illustration: Application of tariff to motor accident claim fixed for 12 hearing days and settled on 1st day of hearing Day 1 $10,000 * 1 = $10,000 Day 2 to Day 6 (1st 5 unutilised hearing days)

$10,000 * 5 * 0.6 =

$30,000

Day 7 to Day 11 (6th to 10th unutilised hearing days)

$10,000 * 5 * 0.4 =

$20,000

Day 12 (11th unutilised hearing day)

$10,000 * 1 * 0.2 =

$2,000

$10,000 + $30,000 + $20,000 + $2,000=

$62,000

Total Guideline amount

(iii) Party-and-Party Costs for hearings other than trials (excluding AD) Type of hearings Contentious originating summons before High Court

• •

Appeals before Judge in High Court

• • • •

Costs ($) Without cross-examination: 12,000 per day Without cross-examination (with Digital Transcription Service (“DTS”)): 15,000 per day With cross examination: 15,000 per day With cross-examination (with DTS): 20,000 per day 10,000 per day 15,000 per day (with DTS)

• • • •

Interlocutory applications: 15,000 – 25,000 Standard trials / OS (up to 10 days): 30,000 – 40,000 Standard trials / OS (> 10 days): 40,000 – 60,000 Complex trials / OS: 60,000 – 100,000

Appeals before Court of Appeal

B.

Section 2: Costs for taxation

$1,500 – $5,000, excluding disbursements.

IV.

Costs Guidelines for AD

A.

Section 1 Costs

(i)

Party-and-Party Costs for ADs (except for matters which are settled before or during AD hearing) Daily Tariff $5,000 Motor accident

$8,000 to $12,000 Non-motor accident

Percentage of tariff to be applied for each hearing day 1st – 5th day of trial 100% of tariff 6th – 10th day of trial

80% of tariff

11th day onwards

60% of tariff

Note: Where figures assessed by reference to the above are lower than those provided for matters in respect of which settlement has been reached, the awards made may have regard to the figures in section (ii) below.

(ii)

Party-and-Party Costs for ADs which are settled before judgment

Motor Accident Cases AD settled after completion of discovery AD settled after exchange of AEICs Settled after AD has commenced

Costs ($) (excl disbursements)

3,000 – 5,000 5,000 – 10,000 • Costs for utilised hearing days shall be calculated in accordance with the tariff amounts for ADs set out above. • In addition, costs for remaining unutilised hearing days to be calculated in accordance with the aforesaid weightage: o 60% of AD tariff for each of first 5 unutilised hearing days; o 40% of AD tariff for each unutilised hearing day from the 6th to 10th unutilised hearing days; o 20% of AD tariff for each unutilised hearing day from the 11th to 20th unutilised hearing days; o 10% of AD tariff for each unutilised hearing day from the 21st unutilised hearing day onwards.

(iii) Party-and-Party Costs for Appeals Type of hearings Appeals before Judge in High Court Appeals before Court of Appeal

B.

Costs ($) • 10,000 per day • 15,000 per day (with DTS) • • • •

Interlocutory applications: 15,000 – 25,000 Standard trials / OS (up to 10 days): 30,000 – 40,000 Standard trials / OS (> 10 days): 40,000 – 60,000 Complex trials / OS: 60,000 – 100,000

Section 2: Costs for taxation

$1,500 – $5,000, excluding disbursements.