837Scales of costs

837 Scales of costs

(1)  [Rule 837 Subrule (1) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] The fees that a practitioner is entitled to charge are prescribed by Schedule 1 .

(2)  In special circumstances, instead of the fee prescribed for any item in Schedule 1 , the taxing officer may allow a greater or lesser fee in respect of that item.

(3)  [Rule 837 Subrule (3) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] Subject to section 13 of the Act, any other provision of these rules or an order, in a proceeding, other than one to which subrule (4) applies, a practitioner is entitled to charge the fees set out in Part 1 of Schedule 1 .

(4)  [Rule 837 Subrule (4) amended by S.R. 2009, No. 111, Applied:30 Sep 2009] [Rule 837 Subrule (4) amended by S.R. 2008, No. 128, Applied:31 Dec 2008] Subject to section 13 of the Act, a practitioner or barrister is only entitled to charge the fees provided for in Part 2 of Schedule 1 in an action if –

(a) the only claim or claims made by any party is or are for any one or more of the following:

(i) a sum of money, whether by way of liquidated demand or unliquidated damages;

(ii) land;

(iii) a chattel; and

(b) [Rule 837 Subrule (4) amended by S.R. 2009, No. 74, Applied:15 Jul 2009] the total sum of money and value of property involved in the action does not exceed $50 000.

(5)  [Rule 837 Subrule (5) substituted by S.R. 2009, No. 111, Applied:30 Sep 2009] In any proceeding, the Court or a judge may order that a party recover costs on the scale provided for in of .