1. (1) Where in the foregoing provisions of this Schedule there is entered in the Second and Third Column the word “Discretionary”, the amount of costs to be allowed in respect of that item shall (subject to any order of the Court Fixing the costs to be allowed) be in the discretion of the Judge or Registrar.
(2) In exercising his discretion under this paragraph, the Judge or Registrar shall have regard to all relevant circumstances, and in particular to—
(a) the complexity of the item or of the cause or matter in which it arises and the difficulty or novelty of the issues;
(b) the skill, specialised knowledge and responsibility required of, and the time and labour expended by, the peguam syarie;
(c) the number and importance of the documents (however brief) prepared or perused;
(d) the place and circumstances in which the business involved is transacted;
(e) the importance of the cause or matter to the client;
(f) where money or property is involved, its amount or value; and
(g) any other fees and allowances payable to the counsel in respect of other items in the same cause or matter, but only where done in relation to those items has reduced the work which would otherwise have been necessary in relation to the item in question.
Attendances in Chambers
2. (1) The following provisions of this paragraph apply in relation to every hearing in Chambers.
(2) On a taxation of costs, only costs have been allowed by the Court to be fixed at the hearing and in fixing the costs the Court shall have regard to the matters mentioned in paragraph 1(2) of this Part of this Schedule.
(3) Where on any such hearing as aforesaid the Court certifies that the speedy and satisfactory disposal of the proceedings required and received from the solicitor engaged in them exceptional skill and labour in the preparation for the hearing, the Judge or Registrar in taxing the costs shall take the certificate into account.
Attendances before the Registrar
3. On any attendances before the Judge or Registrar for the purpose of settling the terms of and passing any judgment or order, if it appears to the Judge or Registrar that the attendance is of a special nature or of unusual length or difficulty, the Judge or Registrar may, if requested to do so by any party, issue a certificate to that effect, the Judge or Registrar in fixing the costs to be allowed for the attendance shall take the certificate into account.
Copies of documents
4. (1) There shall be allowed for printing copies of any document the amount properly paid to the printer, and where any part of a document is properly printed in a foreign language or as a facsimile or in any unusual or special manner, or where any alteration becomes necessary after the first proof of the document, there shall be allowed such an amount as the Judge or Registrar think reasonable, such amount to include any attendances on the printer.
(2) The peguam syarie for a party entitled to take printed copies of any documents shall be allowed the amount he pays for such number of copies as he necessarily or properly takes.
(3) The allowance for printed copies of documents under item 48 of this Schedule shall be made in addition to the allowances under the foregoing provisions of this paragraph, and shall, subject to sub-paragraph (4), be made for such printed copies as may be necessary or proper—
(a) of any pleading, for service on the opposite party;
(b) of any special case, for filing;
(c) of any pleading, or special case, for the use of the Court;
(d) of any affidavit, for attestation in print;
(e) of any pleading, or special case or evidence for use in Court; or
(f) of any other document necessarily and properly copied and not otherwise provided for.
(4) The allowance under item 48 this Schedule shall not be made in relation to printed copies of documents for the use of the Court or counsel where written copies have been made before printing, and shall not be made more than once in the same cause or matter.
(5) The allowances under this Schedule for drawing any pleading, summons, affidavit or other document shall be taken to include an allowance for preparing any necessary copies made for the use of the peguam syarie and his client or, in the case of a pleading or summon, for service.