(1)  The fees that a solicitor 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)  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 solicitor is entitled to charge the fees set out in Part 1 of Schedule 1 .

(4)  Subject to section 13 of the Act, a solicitor or barrister is only entitled to charge the fees set out 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) the total sum of money and value of property involved in the action does not exceed $20 000.

(5)  In any proceeding, the Court or a judge may order that a party recover costs on the scale provided for by a column of Part 2 of Schedule 1 .

(6)  In the case of a trial or assessment of damages, an order under subrule (5) is to be made immediately after judgment is given or the damages assessed.

(7)  An application under subrule (6) may be adjourned for further hearing.

(8)  If any costs, charges or expenses are incurred that are not within Schedule 1 , the taxing officer is to allow in respect of those costs, charges or expenses –

(a) the fees prescribed by that Schedule for similar items; or

(b) fees otherwise reasonable in the circumstances.

(9)  This Division does not derogate from the discretion and powers of the Court or judge to make any order as to costs as may be just in the circumstances of the case.