Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

10/30/2015 about:blank

RM150 RM150 RM150 RM300 RM300 RM300

(b) to the applicant, to be retained, unless the Court otherwise orders, out of the money recovered by him under the
garnishee order and in priority to the amount of the debt owing to him under the judgment or order:-
Costs to be allowed

High Court Sessions Court Magistrates' Court

RM1500 RM750 RM600


(c) where the garnishee fails to attend the hearing of the application and an affidavit of service is required:-
Costs to be allowed

High Court Sessions Court Magistrates' Court

RM1000 RM500 RM150

3. Where leave is given under Order 45, rule 3 to enforce a judgment or order for the recovery of possession of land by writ of
possession, if costs are allowed on the judgment or order there shall be allowed the following costs, in addition to the disbursements,
which shall be added to the judgment or order:
High Court Sessions Court

(a) Costs RM1500 RM800

(b) Where notice of RM100 RM100


proceedings has been given
to more than one person, in
respect of each additional
person
4. Where a writ of execution within the meaning of Order 46, rule 1 is issued against any party, there shall be allowed the following
costs, in addition to the disbursements:
Costs to be allowed

High Court Sessions Court Magistrates' Court

RM400 where it is a Small


Costs of issuing execution RM1500 RM750
Claims action; RM600 in any
5. Notwithstanding the scale of costs which shall be allowed under rules 1, 2, 3 and 4 above, the Court may in an appropriate case allow
a higher sum as costs as it deems fit.

23. Scale of costs for trial in the Subordinate Courts (O. 59, r. 23)
(1) Subject to the provisions hereunder, upon the conclusion and determination of any trial in the Subordinate Courts, the party entitled
to costs shall, unless the Court otherwise orders, be paid fixed costs in accordance with the following scale:
Judgment Sum Suing/Defending Advocacy

Does not exceed RM1,000 RM25 RM150

Exceeds RM1,000 but not RM2,000 RM50 RM200

Exceeds RM2,000 but not RM3,000 RM75 RM250

Exceeds RM3,000 but not RM4,000 RM100 RM350

Exceeds RM4,000 but not RM5,000 RM125 RM450

Exceeds RM5,000 but not RM6,000 RM150 RM550

Exceeds RM6,000 but not RM7,000 RM175 RM650

Exceeds RM7,000 but not RM8,000 RM200 RM750

Exceeds RM8,000 but not RM9,000 RM 225 RM850

Exceeds RM9,000 but not RM10,000 RM250 RM950

Exceeds RM10,000 but not RM11,000 RM275 RM1,050

Exceeds RM11,000 but not RM12,000 RM300 RM1,150

Exceeds RM12,000 but not RM13,000 RM325 RM1,250

Exceeds RM13,000 but not RM14,000 RM350 RM1,350

Exceeds RM14,000 but not RM15,000 RM375 RM1,450


https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 88/269
10/30/2015 about:blank

Exceeds RM15,000 but not RM16,000 RM400 RM1,550

Exceeds RM16,000 but not RM17,000 RM425 RM1,650

Exceeds RM17,000 but not RM18,000 RM450 RM1,750

Exceeds RM18,000 but not RM19,000 RM475 RM1,850

Exceeds RM19,000 but not RM20,000 RM500 RM1,950

Exceeds RM20,000 but not RM21,000 RM525 RM2,050

Exceeds RM21,000 but not RM22,000 RM550 RM2,150

Exceeds RM22,000 but not RM23,000 RM575 RM2,250

Exceeds RM23,000 but not RM24,000 RM600 RM2,350

Exceeds RM24,000 but not RM25,000 RM625 RM2,450

Exceeds RM25,000 but not RM27,500 RM650 RM2,550

Exceeds RM27,500 but not RM30,000 RM675 RM2,650

Exceeds RM30,000 but not RM32,500 RM700 RM2,750

Exceeds RM32,500 but not RM35,000 RM725 RM2,850

Exceeds RM35,000 but not RM37,500 RM750 RM2,950

Exceeds RM37,500 but not RM40,000 RM775 RM3,050

Exceeds RM40,000 but not RM42,500 RM800 RM3,150

Exceeds RM42,500 but not RM45,000 RM825 RM3,250

Exceeds RM45,000 but not RM47,500 RM850 RM3,350

Exceeds RM47,500 but not RM50,000 RM875 RM3,450

Exceeds RM50,000 but not RM52,500 RM900 RM3,550

Exceeds RM52,500 but not RM55,000 RM925 RM3650

Exceeds RM55,000 but not RM57,500 RM950 RM3,750

Exceeds RM57,500 but not RM60,000 RM975 RM3,850

Exceeds RM60,000 but not RM62,500 RM1,000 RM3,950

Exceeds RM62,500 but not RM65,500 RM1,025 RM4,050

Exceeds RM65,500 but not RM67,500 RM 1,050 RM 4,150

Exceeds RM67,500 but not RM70,000 RM 1,075 RM 4,250

Exceeds RM70,000 but not RM72,500 RM 1,100 RM 4,350

Exceeds RM72,500 but not RM75,000 RM 1,125 RM 4,450

Exceeds RM75,000 but not RM77,500 RM 1,150 RM 4,550

Exceeds RM77,500 but not RM80,000 RM 1,175 RM 4,650

Exceeds RM80,000 but not RM82,500 RM 1,200 RM 4,750

Exceeds RM82,500 but not RM85,000 RM 1,225 RM 4,850

Exceeds RM85,000 but not RM87,500 RM 1,250 RM 4,950

Exceeds RM87,500 but not RM90,000 RM 1,275 RM 5,050

Exceeds RM90,000 but not RM92,500 RM 1,300 RM 5,150

Exceeds RM92,500 but not RM95,000 RM 1,325 RM 5,250

Exceeds RM95,000 but not RM97,500 RM 1,350 RM 5,350

Exceeds RM97,500 but not


RM 1,375 RM 5,450
RM100,000

https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 89/269
10/30/2015 about:blank
Exceeds RM100,000 but not
RM1,400 RM5,550
RM105,000

Exceeds RM105,000 but not


RM1,425 RM 5,650
RM110,000

Exceeds RM110,000 but not


RM 1,450 RM 5,750
RM115,000

Exceeds RM115,000 but not


RM 1,475 RM 5,850
RM120,000

Exceeds RM120,000 but not


RM 1,500 RM 5,950
RM125,000

Exceeds RM125,000 but not


RM 1,525 RM 6,050
RM130,000

Exceeds RM130,000 but not


RM 1,550 RM 6,150
RM135,000

Exceeds RM135,000 but not


RM 1,575 RM 6,250
RM140,000

Exceeds RM140,000 but not


RM 1,600 RM 6,350
RM145,000

Exceeds RM145,000 but not


RM 1,625 RM 6,450
RM150,000

Exceeds RM150,000 but not


RM 1,650 RM 6,550
RM155,000

Exceeds RM155,000 but not


RM 1,675 RM 6,650
RM160,000

Exceeds RM160,000 but not


RM 1,700 RM 6,750
RM165,000

Exceeds RM165,000 but not


RM 1,725 RM 6,850
RM170,000

Exceeds RM170,000 but not


RM 1,750 RM 6,950
RM175,000

Exceeds RM175,000 but not


RM 1,775 RM 7,050
RM180,000

Exceeds RM180,000 but not


RM 1,800 RM 7,150
RM185,000

Exceeds RM185,000 but not


RM 1,825 RM 7,250
RM190,000

Exceeds RM190,000 but not


RM 1,850 RM 7,350
RM195,000

Exceeds RM195,000 but not


RM 1,875 RM 7,450
RM200,000

Exceeds RM200,000 but not


RM 1,900 RM 7,550
RM205,000

Exceeds RM205,000 but not


RM 1,925 RM 7,650
RM210,000

Exceeds RM210,000 but not


RM 1,950 RM 7,750
RM215,000

Exceeds RM215,000 but not


RM 1,975 RM 7,850
RM220,000

Exceeds RM220,000 but not


RM 2,000 RM 7,950
RM225,000

Exceeds RM225,000 but not


RM230,000 RM 2,025 RM 8,050

https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 90/269
10/30/2015 about:blank

Exceeds RM230,000 but not


RM 2,050 RM 8,150
RM235,000

Exceeds RM235,000 but not


RM 2,075 RM 8,250
RM240,000

Exceeds RM240,000 but not


RM 2,100 RM 8,350
RM245,000

Exceeds RM245,000 but not


RM 2,125 RM 8,450
RM250,000

Exceeds RM250,000 but not


RM 2,150 RM 8,550
RM255,000

Exceeds RM255,000 but not


RM 2,175 RM 8,650
RM260,000

Exceeds RM260,000 but not


RM 2,200 RM 8,750
RM265,000

Exceeds RM265,000 but not


RM 2,225 RM 8,850
RM270,000

Exceeds RM270,000 but not


RM 2,250 RM 8,950
RM275,000

Exceeds RM275,000 but not


RM 2,275 RM 9,050
RM280,000

Exceeds RM280,000 but not


RM 2,300 RM 9,150
RM285,000

Exceeds RM285,000 but not


RM 2,325 RM 9,250
RM290,000

Exceeds RM290,000 but not


RM 2,350 RM 9,350
RM295,000

Exceeds RM295,000 but not


RM 2,375 RM 9,450
RM300,000

Exceeds RM300,000 but not


RM 2,400 RM 9,550
RM305,000

Exceeds RM305,000 but not


RM 2,425 RM 9,650
RM310,000

Exceeds RM310,000 but not


RM 2,450 RM 9,750
RM315,000

Exceeds RM315,000 but not


RM 2,475 RM 9,850
RM320,000

Exceeds RM320,000 but not


RM 2,500 RM 9,950
RM325,000

Exceeds RM325,000 but not


RM 2,525 RM 10,050
RM330,000

Exceeds RM330,000 but not


RM 2,550 RM 10,150
RM335,000

Exceeds RM335,000 but not


RM 2,575 RM 10,250
RM340,000

Exceeds RM340,000 but not


RM 2,600 RM 10,350
RM345,000

Exceeds RM345,000 but not


RM 2,625 RM 10,450
RM350,000

Exceeds RM350,000 but not


RM 2,650 RM 10,550
RM355,000

Exceeds RM355,000 but not


RM360,000 RM 2,675 RM 10,650

https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 91/269
10/30/2015 about:blank

Exceeds RM360,000 but not


RM 2,700 RM 10,750
RM365,000

Exceeds RM365,000 but not


RM 2,725 RM 10,850
RM370,000

Exceeds RM370,000 but not


RM 2,750 RM 10,950
RM375,000

Exceeds RM375,000 but not


RM 2,775 RM 11,050
RM380,000

Exceeds RM380,000 but not


RM 2,800 RM 11,150
RM385,000

Exceeds RM385,000 but not


RM 2,825 RM 11,250
RM390,000

Exceeds RM390,000 but not


RM 2,850 RM 11,350
RM395,000

Exceeds RM395,000 but not


RM 2,875 RM 11,450
RM400,000

Exceeds RM400,000 but not


RM 2,900 RM 11,550
RM405,000

Exceeds RM405,000 but not


RM 2,925 RM 11,650
RM410,000

Exceeds RM410,000 but not


RM 2,950 RM 11,750
RM415,000

Exceeds RM415,000 but not


RM 2,975 RM 11,850
RM420,000

Exceeds RM420,000 but not


RM 3,000 RM 11,950
RM425,000

Exceeds RM425,000 but not


RM 3,025 RM 12,050
RM430,000

Exceeds RM430,000 but not


RM 3,050 RM 12,150
RM435,000

Exceeds RM435,000 but not


RM 3,075 RM 12,250
RM440,000

Exceeds RM440,000 but not


RM 3,100 RM 12,350
RM445,000

Exceeds RM445,000 but not


RM 3,125 RM 12,450
RM450,000

Exceeds RM450,000 but not


RM 3,150 RM 12,550
RM455,000

Exceeds RM455,000 but not


RM 3,175 RM 12,650
RM460,000

Exceeds RM460,000 but not


RM 3,200 RM 12,750
RM465,000

Exceeds RM465,000 but not


RM 3,225 RM 12,850
RM470,000

Exceeds RM470,000 but not


RM 3,250 RM 12,950
RM475,000

Exceeds RM475,000 but not


RM 3,275 RM 13,050
RM480,000

Exceeds RM480,000 but not RM 3,300 RM 13,150


RM485,000

Exceeds RM485,000 but not


https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 92/269
10/30/2015 about:blank
RM490,000 RM 3,325 RM 13,250

Exceeds RM490,000 but not


RM 3,350 RM 13,350
RM495,000

Exceeds RM495,000 but not


RM 3,375 RM 13,450
RM500,000

Exceeds RM500,000 Discretionary but shall not exceed RM40,000


(2) The costs for suing or defending, as the case may be, include any authority to act, instructions, issue of process and, save as
otherwise provided in these Rules, every other proceedings down to judgment, except advocacy at the trial.
(3) The costs for suing and defending may be allowed at whatever stage the solicitor is retained.
(4) Where a solicitor attends in open Court for mention of any cause or matter, including the hearing of a judgment debtor summons or a
judgment notice, he shall be allowed a sum of RM100.00 for every such attendance.
(5) Without prejudice to the express provisions for advocacy costs, the following provisions shall apply:-

(a) where proceedings are taken out to enter judgment by admission only, then advocacy costs shall not be allowed;
(b) where after the action has been fixed for trial, the plaintiff discontinues the action or the defendant, the counterclaim, or a
party accepts money paid into Court under Order 17 or the action or counterclaim is settled, half the costs for advocacy may
be allowed;
(c) where on the day of the trial, the plaintiff discontinues the action or the defendant, the counterclaim, or judgment is given
or the claim dismissed, before the trial begins, half the costs for advocacy may be allowed; and
(d) where after the trial has begun, the plaintiff discontinues the action or the defendant, the counterclaim, or judgment is
given or the claim dismissed, full costs for advocacy may be allowed.

(6) Costs may be allowed to a solicitor who appears in person as a plaintiff or defendant or to a firm of solicitors who appear as
plaintiffs or defendants by a member or employee of their firm.
(7) Wherever on the day fixed for the trial of any proceedings the same is adjourned on the application of any party, the Court may order
the party at whose instance the application for adjournment is made to pay to the other party any fees, disbursements and expenses
thrown away by the adjournment and costs not exceeding on each occasion, one quarter the costs for advocacy.
(8) Where a person attends Court as a witness, he may be allowed a reasonable fee and travelling allowance.

24. Interest on cost (O. 59, r. 24)


Any award of costs made under this Order shall carry such interest as may be specified under Order 42, rule 12, from the date of award
of cost until full payment.

1. Distribution of business (O. 60, r. 1)


The Registry shall be divided into such departments, and the business performed in the Registry shall be distributed among the
departments in such manner as the Chief Judge or the Sessions Court Judge may direct.

2. Records or books to be kept (O. 60, r. 2)


The Registrar shall cause to be kept in Forms 118 to 132 the following:-

(a) a Cause Book;


(b) an Originating Applications Book;
(c) an Interpleader Summons Book;
(d) an Interlocutory Application Book;
(e) a Judgment Book;
(f) a Writs of Execution Book;
(g) a Distress Book;
(h) a Probate Book;
(i) a Caveat Book;
(j) a Service Book;
(k) an Adoption Book;
(l) an Accountant General's Direction Book;
(m) an Index of Wills;
(n) a Register of Appeals to the Court of Appeal; and
(o) a Register of Appeals from the Subordinate Courts and statutory bodies,

and such account books and other books as are prescribed or required to be kept by these Rules and such other books as may from
time to time be found necessary.

2A. Information to be maintained by Registry (O. 60, r. 2A)


(1) The Registrar shall cause to be maintained such information as is prescribed or required to be kept by these Rules and by practice
directions issued by the Registrar.
(2) The Registrar may maintain at his discretion all the information referred to in paragraph (1) in such medium or mode as he may
determine.

3. Documents to be sealed or particulars to be entered (O. 60, r. 3)


(1) Any document filed in the Registry in any proceedings shall be sealed with a seal showing the date on which the document was filed

https://www.elaw.my/LegislationMainDisplayed.aspx?info=v98s2T0UBJcCNysam1Ps+V8kH3qWIg8nn2omINz6Ty8=# 93/269

You might also like