Costs in other hon-contentious business
5. In the case of any non-contentious business to which neither the First or Second Schedule nor any other rules apply or in the event of a solicitor making an election under paragraph (5) of rule 3. costs shall be such sum as may be fair and reasonable. having regard to all the circumstances of the case and, in partic- ular, to--
11
**
*
(a) the complexity of the matter or the difficulty or novelty
of the questions raised:
(b) the skill, labour, specialized knowledge and responsibility
involved on the part of the solicitor;
(c) the number and importance of the documents prepared
or perused without regard to length;
(d) the place where and circumstances in which the business
or any part thereof is transacted;
(e) the time expended by the solicitor;
(f) where money or property is involved, its amount or
value; and
(g) the importance of the matter to the client.
FIRST SCHEDULE.
PART 1.
SCALE OF COSTS. APPLICABLE TO BUSTNESS TO WHICH THIS PART APPLIES.
+
++
[rule 3(11)
Where the consideration does not exceed Where the consideration exceeds $10,000 but does
$10,000
Charge. $160.00
not execçal
15,000
180.00
H
15.000
20.000
200.00
•
M
VA
20.000
25,000
220,00
25,000
30,000
240.04
+
30,000
料
35,000
360.00
"
+1
35,000
40,000
280.00
40,000
45,000
300.00
"
45,000
11
50,000
320.00
1
50,000
55.000
340.00
་་
55,000
"
60,000
360.00
..
H
+
60,000
65.000
380,00
65,000
+
70,000
400,00
H
..
"
*
"
++
"
t
"
Fr
++
CH
יי
*
ני
Where the consideration exceeds $70,000 but does
邮
M
Charge.
440.00
not exceed
$75,000 $420.00
M
CLI
"
75,000
80,000
H
80,000
+
85,000
460.00
$5,000
90,000
w
90.000
100,000
Η
#
+
480.00
500,00
Thereafter (a) Exceeding $100,000.00 but not exceeding $1,000,000,00—
For the first $100,000,00, $500.00 and the excess at the rate of $25.00 per $10,000.00;
I.
(b) Exceeding $1,000,000.00 but not exceeding $5,000,000.00-
For the first $1,000,000,00, $2,750.00 and the excess at the rate of $20.00 per $10,000.00:
(c) Exceeding $5,000,000.00–~
For the first $5,000,000.00, $10,750.00 and the excess at the rate of $15.00 per $10,000.00.
Save as provided in paragraph 5, the scale of costa set out in this Part shall apply to the following non-contentious business, mamely————
(a) assignments (including deeds of exchange) of leasehold property
or interests therein;
(b) mortgages and agreements for mortgage of leasehold property ar
Interests therein;
(c) debentures and agreements for debenture of any kind incorporat-
ing a charge on leasehold property or interests therein; and
(d) further charges incorporating leasehold property or interests
therein to the extent of the additional amount secured.
2. (a) To all deeds of exchange of leasehold property the coats shall be based on the value of whichever property or set of properties exchanged has the higher value, as assessed by the Collector of Stamp Revenue, provided that, where properties or sets of prop- orties exchanged are assessed as of equal value, then the costs shall be based on the value of either property or set of properties As so assessed.
(8) For the purpose of ascertaining the costs payable on assignments by a liquidator distributing in specio leasehold property or in- terests therein to a shareholder, the value, as assessed by the Collector of Stamp Revenue, of the leasehold property or interests therein assigned shall be taken as the consideration for the assign-
meal,
In all mortgages, agreements for mortgege, debentures, or agree ments for debenture, by way of collateral security incorporating leasehold property or interests therein, the costs shall be one half of the costa set out in this Part on the consideration stated in the principal security, pro- vided that a solicitor shall not be obliged to charge more than $1,000.00.
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