Civil Litigation CORE LWJ CS3 Exam PDF

**[CIVIL LITIGATION: CORE KNOWLEDGE]** [I. INTRODUCTION 3](#introduction) [A. Organisation, Jurisdiction and Powers of the Courts concerned with civil litigation 3](#organisation-jurisdiction-and-powers-of-the-courts-concerned-with-civil-litigation) [B. Sources of Civil Procedural Law 6](#sources...

**[CIVIL LITIGATION: CORE KNOWLEDGE]** [I. INTRODUCTION 3](#introduction) [A. Organisation, Jurisdiction and Powers of the Courts concerned with civil litigation 3](#organisation-jurisdiction-and-powers-of-the-courts-concerned-with-civil-litigation) [B. Sources of Civil Procedural Law 6](#sources-of-civil-procedural-law) [II. PRE-ACTION CONSIDERATIONS, STARTING THE ACTION AND INITIAL STEPS AFTER STARTING THE ACTION 7](#pre-action-considerations-starting-the-action-and-initial-steps-after-starting-the-action) [A. Matters to be considered before commencing proceedings 7](#matters-to-be-considered-before-commencing-proceedings) [B. Modes of commencing civil proceedings in the General Division of the High Court 9](#modes-of-commencing-civil-proceedings-in-the-general-division-of-the-high-court) [C. Service (in general) 11](#service-in-general) [D. Service of originating claim or originating application 13](#service-of-originating-claim-or-originating-application) [E. Service Out of Jurisdiction 13](#service-out-of-jurisdiction) [F. Service of statement of claim \[for originating claims only\] 15](#service-of-statement-of-claim-for-originating-claims-only) [G. Notice of intention to contest or not contest \[for originating claims only\] 15](#notice-of-intention-to-contest-or-not-contest-for-originating-claims-only) [H. Service of defence and subsequent pleadings \[for originating claims only\] 16](#service-of-defence-and-subsequent-pleadings-for-originating-claims-only) [I. Defendant's affidavit \[for originating applications only\] 17](#defendants-affidavit-for-originating-applications-only) [III. PRE-TRIAL PROCESSES 17](#pre-trial-processes) [A. Case Conferences 17](#case-conferences) [B. Challenges to jurisdiction 18](#challenges-to-jurisdiction) [C. Affidavits of Evidence-in-Chief ("AEICs") before exchange of documents 18](#affidavits-of-evidence-in-chief-aeics-before-exchange-of-documents) [D. Single Application Pending Trial ("SAPT") \[only for OCs\] 19](#single-application-pending-trial-sapt-only-for-ocs) [E. Addition and removal of parties 20](#addition-and-removal-of-parties) [F. Consolidation, joint trials, consecutive trials or stays 20](#consolidation-joint-trials-consecutive-trials-or-stays) [G. Security for costs 21](#security-for-costs) [H. Further and better particulars 22](#further-and-better-particulars) [I. Amendment of pleadings 22](#amendment-of-pleadings) [J. Striking out 24](#striking-out) [K. Summary judgment 25](#summary-judgment) [L. Third Party and Similar Proceedings 26](#third-party-and-similar-proceedings) [M. Production of Documents 27](#production-of-documents) [IV. WITNESSES & OTHER ISSUES CONCERNING GIVING OF EVIDENCE AT TRIAL 30](#witnesses-other-issues-concerning-giving-of-evidence-at-trial) [N. Attendance of witnesses at trial: 31](#attendance-of-witnesses-at-trial) [O. Absence of party at trial: 34](#absence-of-party-at-trial) [P. Order to attend court or produce documents 34](#order-to-attend-court-or-produce-documents) [V. INTERIM RELIEF BEFORE TRIAL, SUCH AS INJUNCTIONS AND SEARCH ORDERS 35](#interim-relief-before-trial-such-as-injunctions-and-search-orders) [VI. POST-JUDGMENT/ORDER PROCESSES 41](#post-judgmentorder-processes) [A. Appeals 41](#appeals) [B. Enforcement of Court orders 46](#enforcement-of-court-orders) [VII. Costs 49](#costs) [A. Entitlement to costs 49](#entitlement-to-costs) Civil Litigation paper 1: 4 scenarios and 3 -- 6 short answer questions for each scenario (20 min per scenario) + Written Advocacy: SOC drafting (30-35 min) INTRODUCTION ============ Organisation, Jurisdiction and Powers of the Courts concerned with civil litigation ----------------------------------------------------------------------------------- 1. **Court of Appeal:** see section 3 and Part 5 of the Supreme Court of Judicature Act 1969 ("SCJA"). S 3 SCJA: The General Division of the High Court, the Appellate Division of the High Court and the Court of Appeal are superior courts of record. Part 5, SCJA: the Civil jurisdiction of the CA. - Any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction; - Any appeal from the Appellate Division; - Any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Court of Appeal; - Any application (whether made to the General Division, the Appellate Division or the Court of Appeal) to which either or both of the following apply: - a common question of law or fact arises in both the application and a matter falling within the criminal jurisdiction of the Court of Appeal; - any relief claimed in the application --- - may affect any matter falling within the criminal jurisdiction of the Court of Appeal; or - may affect the outcome of any matter falling within the criminal jurisdiction of the Court of Appeal. 2. **Appellate Division of the High Court:** see section 3 and Part 4 of the SCJA. Part 4, SCJA: the Civil jurisdiction of the AD. - Any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction. - Any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Appellate Division. 3. **General Division of the High Court:** a. [Original Jurisdiction and Powers:] i. [Jurisdiction]: see sections 16--17 and 17A of the SCJA and section 3 of the High Court (Admiralty Jurisdiction) Act 1961; also see *Li Shengwu v The Attorney-General* \[2019\] 1 SLR 1081 at \[98\]--\[113\] on inherent jurisdiction to hear and punish for contempt of Court. Ss 16-17A SCJA: Civil jurisdiction of the High Court. - Jurisdictions for actions in personam where D is served with an originating claim or any other originating process either in Singapore in the prescribed manner, or outside Singapore in the prescribed manner. - Manner prescribed by the Rules of Court or Family Justice Rules. - Jurisdictions for actions in personam where D submits to the jurisdiction of the General Division. - Jurisdiction as prescribed by any other written law. - S 3 High Court (Admiralty Jurisdiction) Act 1961: \[list of statutory claims in Admiralty law\]. - Jurisdiction under any written law relating to divorce and matrimonial causes; - Jurisdiction under any written law relating to matters of admiralty; - Jurisdiction under any written law relating to bankruptcy or to companies; - Jurisdiction to appoint and control guardians of infants and generally over the persons and property of infants; - Jurisdiction to appoint and control guardians and keepers of the persons and estates of idiots, mentally disordered persons and persons of unsound mind; - Jurisdiction to grant probates of wills and testaments, letters of administration of the estates of deceased persons and to alter or revoke such grants; - Jurisdiction under the Mediation Act 2017 to record a mediated settlement agreement made in a mediation, in relation to a dispute for which no proceedings have been commenced in a court, as an order of court; and - Jurisdiction under the Singapore Convention on Mediation Act 2020 to grant the applications provided for in that Act in respect of international settlement agreements. \*For **contempt of court,** the High Court and Court of Appeal have inherent jurisdiction to hear proceedings: - *Li Shengwu v The Attorney General:* The High Court's substantive subject-matter jurisdiction to hear contempt proceedings was based on its inherent jurisdiction. [The authority of the High Court and Court of Appeal to hear contempt cases was inherent to their very existence as the institutions in which the judicial power of the State was vested], and the institutions charged with safeguarding and superintending the proper administration of justice. The jurisdiction came into existence upon the courts themselves being created. ii. [Powers]: see sections 17B--17C, 18 and the First Schedule of the SCJA. GDHC has the power to: - Decide that hearing oral arguments is not needed, in respect of any matter in its original civil jurisdiction, or hear the matter asynchronously by exchange of written correspondence (so long as it is fair to all parties): s 17B SCJA. - Summarily dismiss any appeal made against a decision of the Registrar in relation to civil proceedings if every issue in the appeal has already been decided by GD/AD/CA in an earlier matter in which the appellant was involved, and the appeal therefore has no merit, and conditions in ROC/FJR are met. Only need to give appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed and consider any representations of the appellant: s 17C SCJA. - Other powers in the First Schedule: s 18 SCJA. - Prerogative orders: Mandatory Orders, Prohibiting Orders, Quashing Orders, and an Order for Review of Detention. - Partition and sale in lieu of partition of land. - Change or mortgage in lieu of sale of land. - Interpleader. - Preservation of subject matter, evidence and assets to satisfy judgment. - Interest. - Time (enlarging or abridging time). - Enforcement of judgment. - Stay of proceedings. - Transfer of proceedings. - Set-off. - Discovery and interrogatories. - Costs. - Reliefs and remedies. - Interim payment. - Provisional damages for personal injuries. - Periodic payments. - Attaching deposits. - Ordering medical examination. - Examination and assessment of child, etc. - Ordering mediation, counselling or participation in family support programme or activity. - Late filing charge. - Ordering parties to attempt to resolve dispute by amicable resolution. b. [Appellate Jurisdiction and Powers]: see sections 20--22 of the SCJA. GDHC has appellate civil jurisdiction in respect of (s 20 SCJA): - The hearing of appeals from Family Courts when exercising jurisdiction of a quasi-criminal or civil nature; - The hearing of appeals from District Courts and Magistrates' Courts when exercising jurisdiction of a quasi-criminal or civil nature; and - The hearing of appeals from other tribunals as may from time to time be prescribed by any written law. Permission of the District Court or Magistrate's Court or GDHC is needed for appeals from DC/MC where: - Any case where the amount in dispute, or the value of the subject matter, at the hearing before that District Court or Magistrate's Court (excluding interest and costs) **[does not exceed \$60,000]** or such other amount as may be specified by an order made under subsection (3) and cases in the Third Schedule. All appeals to GDHC in the exercise of its appellate civil jurisdiction are by way of rehearing (s 21 SCJA). 4. **District Court:** see sections 2 (definition of "District Court limit"), 3, 19, 22, 23, 25, 26, 28, 29 and 31 of the State Courts Act 1970 ("SCA"). District Court: - "District Court limit" means \$250,000 or any other amount specified by an order under section 30. - S 3: DC is one of the subordinate courts forming the State Courts (the rest are the MC, Coroners' Courts, SCT and ECT). - S 19: Jurisdiction is through service in, service out, or submission; but cannot exercise supervisory jurisdiction, revisionary jurisdiction, jurisdiction relating to juridical review and issuance of prerogative orders, jurisdiction vested exclusively in GDHC, FC, Youth Court, or in any other State Court or judicial, quasi-judicial or administrative tribunal by written law, actions in passing off, and anything expressly excluded by law. - S 22: Can abandon part of your claim where it exceeds DC limit, but you cannot recover higher than the DC limit (in terms of amount, relief, or remedy). - S 23: Parties can agree to hear case in DC even though claims exceed DC limit. - S 25: DC has jurisdiction to hear and try any action for recovery of immoveable property whether or not title is in dispute, so long as the value of the property does not exceed DC limit / annual rent payable by tenant does not exceed 1/12 of DC limit / last transacted price of the property does not exceed 10x DX limit. - S 26: DC can hear equity cases relating to execution of trusts, mortgages, liens, specific performance/rectification/delivery/cancellation of agreement, dissolution or winding up or partnership, proceedings for relief against fraud or mistake ONLY IF the claim does not exceed the DC limit. - S 28: DC has jurisdiction over writ of distress, where the amount of rent distrained or to be distrained does not exceed the District Court limit. - S 29: DC had jurisdiction to grant relief by interpleader. - S 31: DC has same powers as GDHC (just lower limit). 5. **Magistrate's Court:** see sections 2 (definition of "Magistrate's Court limit"), 52 and 54 of the SCA. Magistrate's Court - "Magistrate's Court limit" means \$60,000 or any other amount specified by an order under section 52(3). - S 52: Civil jurisdiction throughs service in, service out, or submission. - Excludes claims for some of money, action in passing out, claims exceeding limit. - Power to grant such relief, redress or remedy and to give effect to defences or counterclaims in the same way that the GDHC does. - S 54: Every judgment or order of a Magistrate's Court in the exercise of its civil jurisdiction has the same effect (for purposes of appeal or otherwise) and is to be enforced in the same manner as if it were given or made by a District Court. 6. Also see Order 3, Rule 2 of the Rules of Court 2021 ("ROC 2021") for the general powers of the court. \[inherent powers of the court clause\] +-----------------------------------------------------------------------+ | (2)  Where there is no express provision in these Rules or any other | | written law on any matter, the Court may do whatever the Court | | considers necessary on the facts of the case before it to ensure that | | justice is done or to prevent an abuse of the process of the Court, | | so long as it is not prohibited by law and is consistent with the | | Ideals. | | | | \(4) Where there is non‑compliance with these Rules, any other | | written law, the Court's orders or directions or any practice | | directions, the Court may exercise all or any of the following | | powers: | | | | \(a) subject to paragraph (5), waive the non‑compliance of the Rule, | | written law, the Court's order or direction or practice direction; | | | | \(b) disallow or reject the filing or use of any document; | | | | \(c) refuse to hear any matter or dismiss it without a hearing; | | | | \(d) dismiss, stay or set aside any proceedings and give the | | appropriate judgment or order even though the non‑compliance could | | be compensated by costs, if the non‑compliance is inconsistent with | | any of the Ideals in a material way; | | | | \(e) impose a late filing fee of \$50 for each day that a document | | remains unfiled after the expiry of the period within which the | | document is required to be filed, excluding non‑court days; | | | | \(f) make costs orders or any other orders that are appropriate. | | \[unless orders\] | | | | \(8) The Court may, on its own accord or upon application, if it is | | in the interests of justice, revoke any judgment or order obtained | | or set aside anything which was done --- | | | | \(a) without notice to, or in the absence of, the party affected; | | | | \(b) without complying with these Rules or any order of Court; | | | | \(c) contrary to any written law; or | | | | \(d) by fraud or misrepresentation. | | | | \(9) An application under paragraph (8) may be made by or on behalf | | of the party affected. | | | | \(10) An application under paragraph (8) must be taken out within 14 | | days after the date the applicant knows or should have known that | | any of the grounds in that paragraph exists. | +-----------------------------------------------------------------------+ **Summary of Which Court to Sue In:** +-----------------+-----------------+-----------------+-----------------+ | | **Magistrates' | **District | **High Court** | | | Court** | Court** | | +=================+=================+=================+=================+ | **Jurisdictiona | Value of claim | Value of claim | Value of claim | | l | | | | | Limit** | - ≤ \$60,000 | - ≤ \$250,000 | - \$250,000. | | | (s 2 State | (s 2 State | | | | Courts Act) | Courts Act) | Except probate | | | | | claim unless | | | | Road traffic | estate value \> | | | | accident | \$3 million. | | | | claims: | | | | | ≤\$500,000 | Except | | | | | re-sealing of | | | | But parties can | foreign grant. | | | | agree for the | | | | | District Court | Other matters: | | | | to have | | | | | jurisdiction | Admiralty | | | | even if the | | | | | monetary limit | Winding-up | | | | is exceeded (s | | | | | 23 State Courts | Bankruptcy | | | | Act) | | | | | | Admission of | | | | Or abandon | lawyers | | | | excess for | | | | | District Court | | | | | to have | | | | | jurisdiction (s | | | | | 22 State Courts | | | | | Act) | | | | | | | | | | S 19(4)(a) -- | | | | | DC has no | | | | | jurisdiction to | | | | | try and hear | | | | | action where | | | | | amt claimed | | | | | exceeds the DC | | | | | limit; or (b) | | | | | -- any remedy | | | | | or relief | | | | | sought in the | | | | | action is in | | | | | respect of a | | | | | subject-matter | | | | | the value of | | | | | which exceeds | | | | | the DC limit; | | +-----------------+-----------------+-----------------+-----------------+ Sources of Civil Procedural Law ------------------------------- 7. Statutes (SCJA and SCA). 8. ROC 2021. c. Came into operation with effect from 1 April 2022. \[ROC effective date\] d. Applies to civil proceedings commenced in the Supreme Court or the State Courts **[on or after 1 April 2022]** -- see Order 1, Rule 2(3)(a) of ROC 2021; also see Order 1, Rule 2(3)(b) of ROC 2021 for the application of ROC 2021 to appeals to the Court of Appeal and Appellate Division. e. See First Schedule to ROC 2021 for saving and transitional provisions and continued relevance of the revoked Rules of Court (as in force immediately before 1 April 2022) ("ROC 2014") to legacy cases. f. See Order 2 of ROC 2021 for an overview of the civil litigation process under ROC 2021. Also see Digest 1, General Overview of the new Rules of Court -- what is new? (available on the Singapore Courts website at: [https://www.judiciary.gov.sg/new-rules-of-court- 2021/digest-1](https://www.judiciary.gov.sg/new-rules-of-court-%202021/digest-1)) g. See Order 3, Rule 1 for the **Ideals**. +-----------------------------------------------------------------------+ | \(1) These Rules are to be given a **purposive interpretation**. | | | | \(2) These Rules seek to achieve the following Ideals in civil | | procedure: | | | | \(a) fair access to justice; | | | | \(b) expeditious proceedings; | | | | \(c) cost‑effective work proportionate to --- | | | | \(i) the nature and importance of the action; | | | | \(ii) the complexity of the claim as well as the difficulty or | | novelty of the issues and questions it raises; and | | | | \(iii) the amount or value of the claim; | | | | \(d) efficient use of court resources; | | | | \(e) fair and practical results suited to the needs of the parties. | | | | \(3) The Court must seek to achieve the Ideals in all its orders or | | directions. | | | | \(4) All parties have the duty to assist the Court and to conduct | | their cases in a manner which will help to achieve the Ideals. | +-----------------------------------------------------------------------+ 9. Case law. 10. Practice Directions ("PDs"): See the Supreme Court Practice Directions 2021 for the PDs that apply to matters governed by ROC 2021. 11. Practice Circulars from the Courts and the Law Society of Singapore. PRE-ACTION CONSIDERATIONS, STARTING THE ACTION AND INITIAL STEPS AFTER STARTING THE ACTION ========================================================================================== Matters to be considered before commencing proceedings ------------------------------------------------------ 12. General considerations h. **Managing the relationship with the client:** iii. Documenting the terms of engagement. iv. Ensuring that there are no conflicts of interest (proper conflict checks must be done pre-engagement). v. Running anti-money laundering checks (for the purpose of this module, the candidate should be aware that AML checks need to be done; how exactly these checks are done is beyond the scope of this module). vi. Obtain a warrant to act: *Tung Hui Mannequin Industries v Tenent Insurance Co Ltd* \[2005\] 3 SLR(R) 184 A. \(1) burden of proving a solicitor is authorized to act lies on the solicitor or his client when challenged by opposing party B. \(2) counsel are entitled to request opposing counsel to produce their warrants to act. vii. Taking and documenting the client's instructions. i. **Is there a cause of action?** j. **Is the limitation period still current?** See sections 6, 24A, 24B, 29 and 31 of Limitation Act 1959 and *Chua Teck Chew Robert v Goh Eng Wah* \[2009\] 4 SLR (R) 716 at \[25\]--\[33\]. viii. s 6 Limitation Act covers the limitations of actions of **contract and tort** and certain other actions -- [6 year time limit] generally. ix. s 24A Limitation Act -- covers time limits for **negligence, nuisance and breach of duty** actions in respect of latent injuries and damage -- [3 years time limit where there is personal injury claim]; [6 years for other injuries and damage]. Can start from when cause of action accrued or when party had knowledge required for bringing an action. x. s 24B Limitation Act -- there is an overriding time limit for negligence, nuisance and breach of duty actions involving latent injuries and damage -- [15 years]. xi. s 29 Limitation Act -- provides for postponement of limitation period in case of **fraud or mistake**. Where there is fraud or mistake, the limitation period [shall not begin to run until the claimant has discovered the fraud or mistake (or could with reasonable diligence have discovered it]). xii. *Chua Teck Chew Robert v Goh Eng Wah* \[2009\] 4 SLR (R) 716 -- **definition of fraudulent concealment and reasonable diligence.** (1) fraudulent concealment is not just the common law sense of fraud or deceit, but also unconscionability in the form of a deliberate act of concealment of a right of action by the wrongdoer or if he or she had knowingly or recklessly committed a wrongdoing in secret without telling the aggrieved party; (2) reasonable diligence requires the doing of that which, under ordinary circumstances and with regard to expense and difficulty, could be reasonably required. xiii. s 31 Limitation Act -- any claim by way of **set-off or counterclaim shall be deemed to be a separate action** and to have [commenced on the same date as the action in which the set-off or counterclaim is pleaded]. k. **Amicable resolution. \[mediation\]** xiv. Parties have a duty to consider amicable resolution before commencement and during the course of any action. See Order 5 Rule 1(1) of the ROC 2021. C. **O5 r 1(1**): Parties have a duty to consider amicable resolution [before the commencement] and [during the course of] any action or appeal. D. **O5 r 1(2):** A party should make an offer of amicable resolution before commencement of an action, unless the party has reasonable grounds not to do so. E. **O5 r 2** sets out the terms of an offer of amicable resolution. F. **O5 r 3**: Court might order parties to attempt amicable resolution. xv. A party is to make an offer of amicable resolution before commencing action, unless the party has reasonable grounds not to do so. See Order 5 Rule 1(2) of the ROC 2021. Also see Order 5 Rule 2 of the ROC 2021 for the terms of an offer of amicable resolution. G. Reasonable grounds not to make an offer: limitation period ending soon, defendant defrauded you, defendant appears to be dissipating assets. H. Failure to make an offer for amicable resolution / unreasonable refusal of an offer -- raised for why costs should be awarded against you (see O 21, r 2) xvi. The Court may order parties to attempt amicable resolution. See Order 5 Rule 3 of the ROC 2021. 13. **Which Court to sue in?** See paragraphs 1--6 above. 14. **Are there any dispute resolution clauses (such as exclusive/non-exclusive jurisdiction clauses, arbitration clauses) that are applicable?** 15. **Pre-action production of documents and information:** l. Relevant provisions in the ROC 2021: see Order 11 Rule 11 -- pre-action production of documents and information is permissible to "identify possible parties to any proceedings, to enable a party to trace the party's property or for any other lawful purpose, in the interests of justice". m. Cases: Ching Mun Fong v Standard Chartered Bank \[2012\] 4 SLR 185 and ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Ltd \[2020\] 2 SLR 695 at \[34\]--\[36\] (court will not order pre-action discovery if there is no likely prospect of proceedings being commenced in *Singapore*) and *Dorsey James Michael v World Sport Group Pte Ltd* \[2014\] 2 SLR 208. \[N.B. These cases considered the provisions on pre-action discovery under ROC 2014\] xvii. Pre-action discovery serves to accommodate the situation where a potential claimant does not have sufficient facts to commence proceedings (*Ching Mun Fong v Standard Chartered Bank* \[2012\] 4 SLR 185) xviii. Pre-action discovery is unnecessary where an individual is in a position to commence proceedings (*Ching Mun Fong v Standard Chartered Bank* \[2012\] 4 SLR 185) xix. *ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Ltd* \[2020\] 2 SLR 695 -- court will not order pre-action discovery if there is no likely prospect of proceedings being commenced in *Singapore.* xx. A fishing expedition will not be allowed (i.e. where the applicant seeks interrogatories for the purposes of finding fault or an applicant's "roving" request for evidence to make out a contemplated claim which is wholly speculative) (*Dorsey James Michael v World Sport Group Pte Ltd* \[2014\] 2 SLR 208) xxi. A non-party is entitled to all reasonable costs (O 11 r 11(3)). Includes a respondent to a pre-action production application, even if respondent later becomes defendant. Modes of commencing civil proceedings in the General Division of the High Court ------------------------------------------------------------------------------- 16. There are 2 modes: (i) Originating Claim; and (ii) Originating Application. See Order 6 Rule 1 of the ROC 2021. \[OA or OC?\] \[OC or OA?\] n. Are there material facts in dispute? If yes, use Originating Claim (O 6 r 1(2)). o. If no, are proceedings any of the following -- if yes, use an Originating Application (O 6 r 1(3)). xxii. required to be commenced by OA in ROC 2021 or any written law (*eg*, set aside arbitral award), **or** xxiii. concerning an application made to the Court under any written law (*eg*, winding up or insolvency applications), **or** xxiv. solely or primarily concerning the **construction** **of any written law, instrument or document**, or **some question of law**, and the **material facts are not in dispute**? **[Originating Claim]** 17. When to commence by Originating Claim? See Order 6 Rule 1(2) of the ROC 2021 (must commence proceedings by originating claim where there are material facts in dispute). p. Must be served **personally** (O 6 r 4). 18. Form, Endorsements and Annexures: q. [Form]: Form 8 of Appendix A to the Supreme Court Practice Directions 2021 (see Order 6 Rule 5(1) of the ROC 2021). r. [Endorsements]: xxv. To be endorsed: (1) generally with a concise description of the claim; or (2) a statement of claim in Form 9 of Appendix A to the Supreme Court Practice Directions 2021 (see Order 6 Rule 5(2) of the ROC 2021). I. Originating Claim must be endorsed with the following before it may be issued: (O 6 r 5(3)) a. Statement of claim (O 6 r 5(4)). i. In the form as in O 6 r 5(3) ROC 2021 (Form 9 of Appendix A to the Supreme Court Practice Directions 2021). ii. Contents to follow Form 9 on matters that should and should not be pleade. b. *If statement of claim was not endorsed with the OC when the OC was issued:* Statement of claim or concise nature of claim in Form 9 (Appendix A, SCPD 2021), served within 14 days after the originating claim has been served (O 6 r 5(5)). c. If the claim is for [personal injuries], the claimant must annex a medical report and a statement of the special damages claimed to the originating claim (O 6 r 5(2)). xxvi. Except in a special case, a general endorsement is only permissible if the limitation period for the cause of action will expire within 14 days after the originating claim is issued (see Order 6 Rule 5(4) of the ROC 2021). Different rules apply to admiralty proceedings (see Order 33 Rule 2 of the ROC 2021). s. [Annexures]: For claims for personal injuries, **a medical report and a statement of special damages must be annexed** to the originating claim (see Order 6 Rule 5(2) of the ROC 2021). 19. Issue and Duration: t. [Issue]: **Deemed** to be issued when the Registrar numbers, **signs, seals and dates the originating claim** (see Order 6 Rule 2 of the ROC 2021). u. [Duration]: Valid for service for **3 months** from the date of issue (see Order 6 Rule 3(1) of the ROC 2021). 20. Renewal: v. Validity of the originating claim may be extended by application if the originating claim **has not been served on all or any of the defendants before or after expiry** (see Order 6 Rule 3(2) of the ROC 2021) w. The Court may order the extension of the validity of the originating claim by a period beginning with the day next following the day on which the originating claim would otherwise expire (see Order 6 Rule 3(3) of the ROC 2021). x. Except in a special case, the Court may extend the validity of the originating claim **only twice** and **by not more than 3 months each time** (see Order 6 Rule 3(4) of the ROC 2021). y. See *Lim Hong Kan & Ors v Mohd Sainudin bin Ahmad* \[1992\] 1 SLR 353 and *Kleinwort Benson Ltd v Barbrak Ltd* \[1987\] 1 AC 597 on the principles the Court will apply in deciding whether to grant a renewal \[N.B. It is not clear if the principles set out in these cases continue to apply under ROC 2021.\] xxvii. Under the revoked ROC, the threshold for the court to exercise its discretion to extend the validity of any writ should only be exercised for good reason (*Lim Hong Kan* applying *Kleinwort Basin* with approval). However, the threshold now is of whether there is a special case for renewals beyond the second time. xxviii. Some reasons included: difficulty in effecting service of the writ; balance of hardship between the parties; saving of legal costs; agreement to defer service between parties; delay in application to extend validity was induced or contributed by the defendant/D's evasion of service; failure to disclose material facts that was done innocently. **[Originating Application]** 21. When to use an Originating Application? See Order 6 Rule 1(3) of the ROC 2021 z. where [required under the ROC 2021 or written law], (*eg*, set aside arbitral award) a. where the [proceedings concern an application made to the Court under any written law] (*eg*, winding up or insolvency applications), or b. where the proceedings [concern solely or primarily the construction of any written law, instrument or document or some question of law and the material facts are not in dispute]). 22. [Form]: Form 15 or Form 16 of Appendix A to the Supreme Court Practice Directions, whichever is appropriate. Form 15 is used when the originating application has to be served and Form 16 is used when the originating application need not be served on anyone, where permitted by law. See Order 6 Rule 11(1) to 11(3) of the ROC 2021. c. Form 15 when originating application has to be **served.** d. Form 16 when OA **does not need to be served** on anyone. 23. [Accompanied by a supporting affidavit. Contents of affidavit]: see Order 6 Rule 13 of the ROC 2021 (must contain [all the evidence that is necessary or material to the claim]). 24. [May be with or without notice (*ex parte*)]. 25. [Issue and Duration]: same as for an originating claim -- see paragraph 19 above. e. Deemed issued once Registrar has signed, sealed, and dated the OA. f. Valid for 3 months beginning with the date of issue, can be renewed twice for 2 months at a time, and beyond that only in a special case. g. Application for extension only if not yet served + before or after expiry. 26. [Renewal]: same as for an originating claim -- see paragraph 20 above. 27. [Conversion] of originating application to originating claim: see Order 15 Rule 7(6)(c) of the ROC 2021. h. Where the Court is of the view that there are disputes of facts in the affidavits, the Court may order: xxix. The parties to file and serve further affidavits; xxx. The makers of the affidavits to be cross-examined; xxxi. The OA to be converted into an OC with the necessary directions; xxxii. Any other appropriate order. Service (in general) -------------------- +-----------------------+-----------------------+-----------------------+ | **PERSONAL SERVICE** | **SUBSTITUTED | **SERVICE OUT OF | | | SERVICE** | JURISDICTION** | +=======================+=======================+=======================+ | Df in jurisdiction | Df in jurisdiction | Df out of | | | but last resort / | jurisdiction, or | | **Both OC and OA must | impractical to | exceptions below | | be served personally | service | apply | | on each Df: O 6 r 4 | | | | ROC** | | | | | | | | Committal orders for | | | | contempt of court | | | +-----------------------+-----------------------+-----------------------+ | **Timing of | | | | service:** Where | | | | service is effected | | | | before 5pm on any | | | | particular day, | | | | service is deemed to | | | | have been effected on | | | | that day (**O. 7, | | | | r. 8 ROC**) | | | | | | | | **Ordinary service** | | | | applies where | | | | personal service is | | | | not required. O 7 r 3 | | | | states that ordinary | | | | service may be | | | | effected by: | | | | | | | | - Leaving the | | | | document or | | | | posting it to the | | | | person's [usual | | | | or last known | | | | address]{.underli | | | | ne} | | | | or business | | | | address of the | | | | person's | | | | solicitor, or | | | | | | | | - Leaving the | | | | document or | | | | posting it to the | | | | entity's | | | | [registered or | | | | principal office | | | | or its last known | | | | place of | | | | business]{.underl | | | | ine} | | | | or its | | | | solicitor's | | | | address, | | | | | | | | - [Electronic | | | | mail] | | | | at the electronic | | | | mail address | | | | provided by the | | | | party to be | | | | served, | | | | | | | | - [Fax] | | | | , | | | | but **only | | | | if** (i) both | | | | parties act by | | | | solicitor, | | | | and (ii) the | | | | receiving | | | | solicitor | | | | indicates that he | | | | is willing to | | | | accept service at | | | | a specified fax | | | | number and the | | | | document is | | | | transmitted to | | | | that number, | | | | | | | | - In such other | | | | manner as may be | | | | agreed between | | | | parties, | | | | | | | | - In such other | | | | manner as the | | | | Court may direct, | | | | or | | | | | | | | - In any manner | | | | provided under | | | | any written law. | | | +-----------------------+-----------------------+-----------------------+ 28. When is personal service required? See Order 7 Rule 1(1)(a) of the ROC 2021 for when personal service is required. i. Required where expressly stated by the ROC or any written law, or where the Court orders such service, or where the serving party decides to do so voluntarily. 29. Who may effect personal service? See Order 7 Rule 2(2) of the ROC 2021. j. Service may be effected by a: xxxiii. Process server of the Supreme Court, xxxiv. Solicitor, xxxv. Solicitor's employee, xxxvi. Unrepresented litigant or that person's employee, xxxvii. Any other person that the Registrar may allow in a particular case or generally. 30. How is personal service to be effected? See Order 7 Rule 2(1) of the ROC 2021 and section 387 of the Companies Act 1967. k. Personal service is effected by leaving a sealed copy of an originating process with the person or the person's agent (O 7 r 2). Examples: xxxviii. Good and sufficient if personal assistant was instructed and authorised by defendant to accept service on his behalf (*Kenneth Alison Ltd v A E Limehouse & Co*). xxxix. Putting a copy of the writ through the [crevice of the door] of the room in which the defendant is and telling him that it is a copy of the writ is [not sufficient] (*Christmas v Eicke*). xl. Service on [wife] is not good service (*Frith v Donegal*). xli. Where the defendant was at an upper window of his house and the process server who was outside, called out to him, telling him that he had a writ against him, and held up a copy for him to see, and then threw it down in the presence of defendant's wife, it was held that it was [insufficient] (*Heath v White*). xlii. [Entity]: chairperson or president of the entity, or the secretary, treasurer or other officer (O 7 r 2(1)(b)) xliii. [Agreement]: In any manner agreed with the person or the entity to be served: (O 7 r 2(1)(d)) l. Company: leaving document with the registered office or sending it via registered post to registered address (s 387 CA). 31. Substituted service: see Order 7 Rule 7 of the ROC 2021 and paragraph 65 of the Supreme Court Practice Directions 2021. m. O 7 r 7: A party may apply to serve a document by substituted service if the document is required to be served personally but it is **impractical** to serve it personally. n. Paragraph 65 of the Supreme Court Practice Directions: xliv. Preliminary requirement: J. Need to show **two reasonable attempts** at personal service before filling an application for an order for substituted service. xlv. Procedure: K. **What to show to the court:** Applicant should persuade the Court that the proposed mode of substituted service will probably be effective in bringing the document in question to the notice of the person to be served (para 65(1)). L. **Note on alternative means:** Where appropriate, Applicant should consider other modes of substituted service, such as AR registered post or electronic means (including electronic mail or Internet transmission) in addition to or in substitution of substituted service by posting on doors or gates of residential and business premises (para 65(3)). M. **Need evidence of residence:** An application for substituted service by posting at an address or by AR registered post should contain evidence (for example, relevant search results from the Inland Revenue Authority of Singapore, the Singapore Land Authority, the Housing & Development Board or the Accounting and Corporate Regulatory Authority) that the person to be served is resident or can be located at the property (para 65(4)). xlvi. Modes of substituted service (3) N. **Posting at an address (most common) or by AR registered post** d. But other modes should be considered in addition to or in substitution of posting at an address. e. Need evidence that the person is resident or can be located at the property. f. Deemed effected when the postal service has delivered, or **attempted** to deliver the document (in cases no one is present or willing to accept the document). O. **Email** g. Must be shown that the e-mail account belongs to the person to be served and that it is currently active. P. **Advertisement** h. Form: in one issue of the Straits Times if the person to be served is literate in English, or one issue of the Straits Times and one issue of one of the main non-English language newspapers where his language literacy is unknown. i. Last resort: don't know his address. j. Need evidence that the person is literate in the language of the newspaper in which the advertisement will be placed. 32. Ordinary service: see Order 7 Rule 3 of the ROC 2021. o. Leaving the document or posting it to the person's last known address or business address of the person's solicitor. p. Leaving the document or posting it to the entity's registered or principal office or, if none exists, it's last known place of business or its solicitor's address. q. Electronic mail at the address provided by the party to be served. r. By fax if both parties are represented by solicitors and the solicitor indicates to the opposing solicitor that he is willing to accept service at a specified fax number and the document is transmitted to that number. s. In any manner agreed between the parties. t. In any manner which the Court may direct, including the use of electronic means, or u. In any manner provided under written law. 33. Time of service and effect of service after certain hours: see Order 7 Rule 8 of the ROC 2021. v. Where service is effected before 5pm on any particular day, service is deemed to have been effected on that day (O. 7, r. 8 ROC). Service of originating claim or originating application ------------------------------------------------------- 34. **Personal service** is required, subject to written law and the ROC 2021: see Order 6 Rule 4 of the ROC 2021. 35. Requirement to take reasonable steps to effect service: w. For originating claim: see Order 6 Rule 5(6) and Rule 5(7) of the ROC 2021. xlvii. In jurisdiction: reasonable steps + 14 days after OC issued. xlviii. Out of jurisdiction: reasonable steps + 28 days after OC issued. x. For originating application: see Order 6 Rule 11(4) and Rule 11(5) of the ROC 2021. xlix. In jurisdiction: reasonable steps + 14 days after OC issued. l. Out of jurisdiction: reasonable steps + 28 days after OC issued. y. See Order 9 Rule 5 of the ROC 2021 for the directions that may be made at the first case conference if service is not effected. li. Court may dismiss action if it is not satisfied that the claimant has taken reasonable steps to effect service expeditiously. lii. Court may fix second case conference and order claimant to serve within 14 days of first case conference + apply for substituted service in that time + extend validity if necessary. liii. Court may dismiss action if claimant fails to serve by the second case conference. Service Out of Jurisdiction --------------------------- 36. Requirements to obtain leave and procedure: see Order 8 Rule 1 of the ROC 2021 and paragraph 63 of the Supreme Court Practice Directions 2021 z. The claimant must show that the Court has the **jurisdiction** or is the **appropriate court to hear the action**. See Order 8 Rule 1(1) of the ROC 2021. a. The claimant must apply by **summons without notice, supported by an affidavit** which must state whether the validity of the originating process needs to be **extended**. See Order 8 Rule 1(2) of the ROC 2021. b. \[TEST for service out of jurisdiction\] To show that the Court is the [appropriate court to hear the action], the claimant should include, in the supporting affidavit, any relevant information showing that: (i) there is a **[good arguable case]** that there is **[sufficient nexus]** to Singapore; (ii) Singapore is the **[forum conveniens]**; and (iii) there is [a **serious question to be tried on the merits**]. See paragraph 63(2) of the Supreme Court Practice Directions 2021. liv. Para 63(3) indicates non-exhaustive list of factors to show good arguable case and sufficient nexus to Singapore. Q. relief is sought against a person who is domiciled, ordinarily resident, carrying on business or who has property in Singapore. R. an injunction is sought ordering the defendant to do or refrain from doing anything in Singapore (whether or not damages are also claimed in respect of a failure to do or the doing of that thing). S. the claim is brought against a person duly served in or out of Singapore and a person out of Singapore is a necessary or proper party to the claim. T. the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which --- k. \(i) was made in Singapore, or was made as a result of an essential step being taken in Singapore; l. \(ii) was made by or through an agent trading or residing in Singapore on behalf of a principal trading or residing out of Singapore; m. \(iii) is by its terms, or by implication, governed by the law of Singapore; or n. \(iv) contains a term to the effect that that Court shall have jurisdiction to hear and determine any action in respect of the contract. U. the claim is brought in respect of a breach committed in Singapore of a contract made in or out of Singapore and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of Singapore that rendered impossible the performance of so much of the contract as ought to have been performed in Singapore. V. the claim is founded on a tort, wherever committed, which is constituted, at least in part, by an act or omission occurring in Singapore. W. the claim is wholly or partly founded on, or is for the recovery of damages in respect of, damage suffered in Singapore caused by a tortious act or omission wherever occurring. X. the whole subject-matter is immovable property situate in Singapore (with or without rents or profits) or the perpetuation of testimony relating to immovable property so situate. Y. the claim is brought to construe, rectify, set aside or enforce an act, deed, will, contract, obligation or liability affecting immovable property situate in Singapore. Z. the claim is made for a debt secured on immovable property or is made to assert, declare or determine proprietary or possessory rights, or rights of security, in or over movable property, or to obtain authority to dispose of movable property, situated in Singapore. A. the claim is brought to execute the trusts of a written instrument, being trusts that ought to be executed according to the law of Singapore and of which the person to be served with the originating process is a trustee, or for any relief or remedy which might be obtained in any such action. B. the claim is made for the administration of the estate of a person who died domiciled in Singapore or for any relief or remedy which might be obtained in any such action. C. the claim is brought in an administration action within the meaning of Order 32 of the ROC 2021. D. the claim is brought to enforce any judgment or arbitral award, or any adjudication determination within the meaning of the Building and Construction Industry Security of Payment Act (Cap. 30B). E. the claim is made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A), the Terrorism (Suppression of Financing) Act (Cap. 325) or any other written law. F. the claim is a restitutionary one (including a claim for quantum meruit or quantum valebat) or for an account or other relief against the defendant as trustee or fiduciary, and the defendant's alleged liability arises out of any act done, whether by him or otherwise, in Singapore. G. the claim is founded on a cause of action arising in Singapore. H. the claim is for a contribution or an indemnity in respect of a liability enforceable by proceedings in Singapore. I. the claim is in respect of matters in which the defendant has submitted or agreed to submit to the jurisdiction of the Court. J. the claim concerns the construction, effect or enforcement of any written law. K. The claim is for a committal order under Order 23 of ROC 2021. c. To show a good arguable case and that there is a sufficient nexus to Singapore, the Requirement of full and frank disclosure: see *Manharlal Trikamdas Mody v Sumikin Bussan International (HK) Ltd* \[2014\] 3 SLR 1161 at \[78\]--\[84\] (N.B.: This case was not decided under the ROC 2021 regime.). 37. How to effect service out of jurisdiction? d. In general: see Order 8 Rule 2 of the ROC 2021. lv. According to the manner [contractually agreed] between parties (r 2(1)(a)): point out this is the best way. lvi. Through the government of the foreign country, if that government is willing to effect service (r 2(1)(c)). lvii. Through the judicial authority of the foreign country if the authority is willing to effect service (r 2(1)(d)): point out this can be very slow. lviii. Through a Singapore consular authority in that foreign country (r 2(1)(e)): point out this can be very slow. lix. According to the manner provided by law of that foreign country (r 2(1)(f)): point out can use a solicitor in the foreign country to do this for you. e. Where the defendant is located in Malaysia or Brunei Darussalam: see Order 8 Rule 3 of the ROC 2021. lx. By post from the Registrar of the Singapore court to the judicial officer exercising civil jurisdiction in the territory in which the defendant is said to be or carrying on business [and] if it is returned with an endorsement of service and affidavit of service, it is deemed to have been duly served (r 3(b)). f. Service of State Courts originating process: see Order 8 Rule 4 of the ROC 2021. lxi. OC/OA issued in State Courts to be served out of jurisdiction (other than Malaysia or Brunei) must be sent by Reg of State Courts to Reg of Supreme Court, and must be served in the same way for service out for OA/OC in Supreme Court. g. Service of process on a foreign state: see Order 8 Rule 6 of the ROC 2021. lxii. File in the Registry, after obtaining Court's approval under rule 1(2), L. Request for MFA to arrange service; M. Sealed copy of the originating process; and N. A translation of the originating process in the official language of the State, or if there is more than than one official language, in any of those languages which is appropriate for the State to be served, except where the official language or one of the official languages is English. o. Translation to be certified by a person qualified to do so and must contain name and qualifications of the translator. lxiii. Must be represented to do the filing of these documents. lxiv. Where section 14(6) of the State Immunity Act applies and the State has agreed to a method of service other than that provided by this Rule, the originating process may be served either by the method agreed or in accordance with this Rule. Service of statement of claim \[for originating claims only\] ------------------------------------------------------------- 38. Time for service: h. In general, should be endorsed with the originating claim: see Order 6 Rule 5(4) of the ROC 2021 at paragraph 18(b)i above. i. If the statement of claim was not endorsed with the originating claim when the originating claim was issued, the statement of claim is to be served within 14 days after the originating claim has been served: see Order 6 Rule 5(5) of the ROC 2021. 39. Form: see Order 6 Rule 5(3) of the ROC 2021 (Form 9 of Appendix A to the Supreme Court Practice Directions 2021). 40. Contents of the statement of claim: see Form 9 of Appendix A to the Supreme Court Practice Directions on the matters that should be pleaded and the matters which should not be pleaded. Notice of intention to contest or not contest \[for originating claims only\] ----------------------------------------------------------------------------- 41. Time allowed for [filing the notice]: see Order 6 Rule 6(1) and 6(2) of the ROC 2021 ( or [21 days] after service of the statement of claim, depending on whether service was in Singapore or out of Singapore). 42. Form: see Order 6 Rule 6(3) of the ROC 2021 (Form 10 of Appendix A to the Supreme Court Practice Directions 2021). 43. Effect of filing the Notice: see Order 6 Rule 6(4) of the ROC 2021 (not treated as submission to jurisdiction or waiver of improper service). 44. Effect of failure to file the Notice: j. See Order 6 Rule 6(5) and Rule 6(6) of the ROC 2021 (claimant may apply for judgment; claimant needs to have filed a memorandum of service in Form 12 of Appendix A to the Supreme Court Practice Directions 2021). lxv. Claimant can apply for judgment to be given against Df in Form 11 (O 6 r 6(5)) O. Claimant must file a memorandum of service in Form 12 when applying for judgment to be given against Df (O 6 r 6(5)). k. Procedure for applying for default judgment: see paragraph 108 of the Supreme Court Practice Directions 2021 (read with Forms 11 or 14 of Appendix A to the Supreme Court Practice Directions 2021). lxvi. File an application in Forms 11 or 14 of Appendix A. lxvii. Must also file a memorandum of service in Form 12 of Appendix A, a draft judgment which the party seeks to apply for, a note of costs, and where the judgment is for possession of immoveable property, a certificate by the party's solicitor (or where the party is not legally represented, an affidavit) stating that no relief is sought in the nature of reliefs under O 52 r 1 ROC 2021. lxviii. Court may require an affidavit to be filed stating the time, place and method of service of the OC on the defendant, as well as the fact that the defendant had, within the prescribed period, failed to file and serve a notice of intention to contest or not contest, or a defence, as the case may be. Service of defence and subsequent pleadings \[for originating claims only\] --------------------------------------------------------------------------- 45. Time for [service] of defence: see Order 6 Rule 7(1) and Rule 7(2) of the ROC 2021 ([21 days] or [5 weeks] after service of the statement of claim, depending on whether service was in Singapore or out of Singapore). 46. Form: see Order 6 Rule 7(3) of the ROC 2021 (Form 13 of Appendix A to the Supreme Court Practice Directions 2021). 47. Contents of the defence: see Form 13 of Appendix A to the Supreme Court Practice Directions on the matters that should be pleaded and the matters which should not be pleaded. l. Evidence by which material facts are to be proved. m. Points of law. n. Legal arguments and submissions. 48. Where defendant is [challenging jurisdiction]: see Order 6 Rules 7(4)--7(6) of the ROC 2021: o. A defence on the merits need not be filed. Instead, the defence is to state the ground on which the defendant is challenging the jurisdiction of the court. See Order 6 Rule 7(4) of the ROC 2021. p. A challenge to jurisdiction may be on the basis that the Court has no jurisdiction or on the basis that the Court should not exercise its jurisdiction to hear the action. See Order 6 Rule 7(5) of the ROC 2021. q. The filing of a defence challenging the jurisdiction of the court is not treated as a submission to jurisdiction. See Order 6 Rule 7(6) of the ROC 2021. r. But if you deal with the merits of the case in the defence, this is taking a substantive step in the proceedings, likely to be treated as a submission to jurisdiction. 49. Effect of failing to file and serve a defence: see Order 6 Rule 7(7) of the ROC 2021 (claimant may apply for judgment in default of defence in Form 14 of Appendix A to the Supreme Court Practice Directions 2021). 50. Counterclaim: see Order 6 Rule 8 of the ROC 2021 and Form 13 of Appendix A to the Supreme Court Practice Directions 2021. s. Counterclaim must be in Form 13 of Appendix A to the SCPD (O 6 r 8(2)). t. If the counterclaim is for personal injuries, the defendant must annex a medical report and a statement of the special damages claimed within the counterclaim (O 6 r 8 (3)). 51. Defence to Counterclaim: u. Time allowed for filing and serving defence to counterclaim: see Order 6 Rule 9(1) of the ROC 2021 ([14 days after defence and counterclaim are served]). lxix. Claimant need not file a reply to the defence if the claimant merely wishes to deny assertions without adding anything material (O 6 r 9(1)). v. Form: see Order 6 Rule 9(2) of the ROC 2021 (Form 13 of Appendix A to the Supreme Court Practice Directions 2021). w. Effect of failing to file and serve a defence to counterclaim: see Order 6 Rule 9(3) of the ROC 2021 (defendant may apply for judgment in default of defence in respect of the counterclaim in Form 14 of Appendix A to the Supreme Court Practice Directions 2021). 52. Further pleadings: x. See Order 6 Rule 10 of the ROC 2021 ([court's approval] at a case conference is required to file further pleadings beyond the defence or defence to counterclaim, in cases where it is necessary for certain matters to be pleaded). y. See Order 9 Rule 15 of the ROC 2021 (especially, Rule 15(2) -- the Court [must not order further pleadings if they merely deny or repeat assertions] in earlier pleadings [without adding anything material]). Defendant's affidavit \[for originating applications only\] ----------------------------------------------------------- 53. Time for service of defendant's affidavit: see Order 6 Rule 12(1) and Rule 12(2) of the ROC 2021 ([21 days] or [5 weeks] after service of the originating application and affidavit, depending on whether service was in Singapore or out of Singapore). After an originating application (accompanied by supporting affidavit) is served, defendant may respond with an affidavit (which may include merits/jurisdictional challenge and counterclaim). 54. Where defendant is challenging jurisdiction: see Order 6 Rules 12(3)--12(5) of the ROC 2021: z. An affidavit on the merits need not be filed. Instead, the affidavit is to state the ground on which the defendant is challenging the jurisdiction of the court. See Order 6 Rule 12(3) of the ROC 2021. a. A challenge to jurisdiction may be on the basis that the Court has no jurisdiction or on the basis that the Court should not exercise its jurisdiction to hear the action. See Order 6 Rule 12(4) of the ROC 2021. b. The filing of an affidavit challenging the jurisdiction of the court is [not treated as a submission to jurisdiction]. See Order 6 Rule 12(5) of the ROC 2021. c. But if you deal with the merits of the case in the defendant's affidavit, this is taking a substantive step in the proceedings, likely to be treated as a submission to jurisdiction. 55. No further affidavits except in a special case: see Order 6 Rule 12(6) of the ROC 2021. If there is a counterclaim in the reply affidavit, claimant may seek permission to file a further affidavit. 56. Contents of affidavit: see Order 6 Rule 13 of the ROC 2021 (must [contain all the evidence] that is necessary or material to the defence). 57. Counterclaim: see Order 6 Rule 14 of the ROC 2021 ([must be included in the defendant's affidavit] together with [all the evidence that is necessary for the counterclaim]). 58. [Failure to file defendant's affidavit.] No default judgment mechanism for the OA. Matter will proceed for hearing in the absence of the defendant, and orders can be made in Df's absence. PRE-TRIAL PROCESSES =================== Case Conferences ---------------- 59. When will the first case conference be held? See Order 9 Rule 1 of the ROC 2021. d. in a case where the defendant is to be [served in Singapore] --- [8 weeks] after the originating claim or originating application is issued; or e. in a case where an originating claim or originating application is to be [served out of Singapore] --- [12 weeks] after the originating claim or originating application is issued. 60. Purpose of a case conference: see Order 9 Rule 2 of the ROC 2021. f. The Court is to take control of and set the timelines and give direction for the proceedings. 61. Non-disclosure of communications: see Order 9 Rule 3 of the ROC 2021. g. Subject to the law governing the admissibility of evidence at trial, a communication which is marked as "[confidential]" or "[without prejudice]" by: lxx. any of the parties to the action or proceedings, or lxxi. the Registrar or Judge, it should not be disclosed to the Court conducting the trial of the action or proceedings. 62. Orders that may be made in the event of the absence of parties: see Order 9 Rule 4 of the ROC 2021. h. If no party attends the case conference or if the claimant is absent, the Court may [dismiss] the action. i. If the claimant attends the case conference but the [defendant is absent], the Court may [give judgment for the claimant upon proof of service of the originating claim or originating application on the defendant]. j. The Court may [set aside or vary the dismissal or default judgment] on proof that there were [valid reasons for the absence of the defaulting party]. k. Failure to serve originating process: lxxii. Claimant attends CC but has not served OA/OC on defendant, Court may dismiss the action if not satisfied that the Claimant has taken reasonable steps to effect service expeditiously, OR may fix second CC + order claimant to serve within 14 days + apply for subservice + extend validity if needed, or face dismissal of action. 63. Requirement to file Pre-Case Conference Questionnaire: see paragraph 56 of the Supreme Court Practice Directions 2021 and Form B6 of Appendix B to the Supreme Court Practice Directions 2021. l. PCQ is intended to facilitate the Court's discussion with parties at the case conferences on the various issues, timelines and milestones for each case. Each party must file the PCQ in Form B6 1 week before the first RCC. Parties are to confer and discuss matters, including agreed positions, before filing the PCQ. m. Forces parties, at an early stage, to consider the entirety of the case and what directions the court may need to give. Challenges to jurisdiction -------------------------- 64. The challenge is to be raised in the defence (in the case of an originating claim) or the defendant's affidavit (in the case of an originating application). See paragraphs 47 and 53 above. n. OC: raise this in the defence. o. OA: raise this in the defendant's affidavit. Note: See \[36(c)\] above for the *forum conveniens* factorss in SupCt PD 2021 para 63(3). 65. See Order 9 Rule 7(2) of the ROC 2021 for the timelines and directions that will be ordered at the case conference in relation to a jurisdictional challenge. p. direct the defendant to file and serve the necessary application with supporting affidavit within 14 days after the date of the case conference; q. direct the claimant to file and serve any affidavit in reply within 14 days thereafter, with no further affidavits to be filed without the Court's approval; and r. unless the Court otherwise orders, fix the hearing of the application on a date no later than 14 days after all affidavits have been filed and served. Affidavits of Evidence-in-Chief ("AEICs") before exchange of documents ---------------------------------------------------------------------- 66. The Court may order that AEICs be exchanged before the parties exchange documents: see Order 9 Rule 8 of the ROC 2021. s. Drafting and preparation of AEICs Exchange of AEICs (simultaneous or sequential, O 9 r 8(1)) Objections (if any) to contents of AEICs (28 days before trial, O 15 r 16(6) and in the requisite for, para 84 Supreme Court Practice Directions). 67. Note that the Pre-Case Conference Questionnaire requires parties to indicate whether their case is an appropriate case for AEICs to be filed before production of documents: see question 5a of Form B6 of Appendix B to the Supreme Court Practice Directions 2021. t. Purpose: Intended to facilitate witnesses giving their written testimony based on their recollection without tailoring their evidence based on the documents that would be produced in the action lxxiii. This is an option/power of Court. Not mandatory. Also, even if the power is exercised, no need for all witnesses to file AEIC, Court may order only some of the witnesses (e.g. Key witnesses) to file AEICs. The timelines may also be simultaneously or non-simultaneous. Single Application Pending Trial ("SAPT") \[only for OCs\] ---------------------------------------------------------- 68. When will the Court give directions for the filing of a SAPT? See Order 9 Rule 9(1) and Rule 9(2) of the ROC 2021 ([after AEICs before documents are exchanged] or after [the exchange of documents] if the Court decides [not to order AEICs before documents]). u. Court must consider all matters necessary to bring the proceedings to a conclusion in accordance with the Ideals. As far as possible, the Court must order SAPT to be made by each of the parties. v. SAPT is accompanied by supporting affidavit which sets out the facts / reasons for each of the interlocutory applications. 69. What types of applications may be ordered to be made in the SAPT? w. All matters that are necessary for the case to proceed expeditiously: see Order 9 Rule 9(3) of the ROC 2021. x. See the non-exhaustive list in Order 9 Rule 9(4) of the ROC 2021. lxxiv. \(a) addition or removal of parties; lxxv. \(b) consolidation of actions; lxxvi. \(c) division of issues at trial to be heard separately; lxxvii. \(d) security for costs; lxxviii. \(e) further and better particulars of pleadings; lxxix. \(f) amendment of pleadings; lxxx. \(g) filing of further pleadings; lxxxi. \(h) striking out of part of an action or of the defence; lxxxii. \(i) judgment on admission of facts; lxxxiii. \(j) determination of questions of law or construction of documents; lxxxiv. \(k) production of documents; lxxxv. \(l) interim relief; lxxxvi. \(m) expert evidence and assessors; lxxxvii. \(n) independent witness and interested non parties; and lxxxviii. \(o) independent counsel. 70. Timelines and directions: see Order 9 Rule 9(5) and Rule 9(6) of the ROC 2021. Also see paragraph 56(12) to 56(16) of the Supreme Court Practice Directions 2021 read with Form B8 of Appendix B of the Supreme Court Practice Directions 2021 on the SAPT checklist. y. O 9 r 9(5) and (6): **The Court must order the applying party to file and serve that party's [application and supporting affidavit] within 21 days after the date of the case conference and the other party to file and serve an [affidavit in reply] within 21 days thereafter.** z. **Para 56(12) to 56(16) Sup Ct PD: instructions on the SAPT checklist. Must file SAPT checklist.** lxxxix. **A sample SAPT Checklist can be found in Form B8 of Appendix B of these Practice Directions** xc. **The respondent must file the completed SAPT checklist at least 2 weeks before the date of the RCC where the issue of the filing of the SAPT will be discussed, or within such other period as the Court may direct.** 71. Applications that can be brought without prior permission from the Court: see Order 9 Rule 9(7) of the ROC 2021 for the list. a. **General rule:** no application to be made unless directed at a case conference or with the Court's approval. b. **Exceptions:** xci. **Exceptions**: \[aka applications which can be made without prior permission / even when not in SAPT\] P. an injunction or a search order which may include an application for any other matter if it is incidental to the injunction or search order; Q. substituted service; R. service out of Singapore; S. setting aside service of an originating process; T. judgment in default of a notice of intention to contest or not contest an originating claim; U. judgment in default of defence; V. summary judgment; W. striking out of the whole of an action or defence; X. stay of the whole action; Y. stay of enforcement of a judgment or order; Z. an enforcement order; A. permission to appeal; B. transfer of proceedings under the State Courts Act; C. setting aside third party proceedings; or D. permission to make an application for a committal order. 72. Procedure for seeking permission to file applications outside of the SAPT (where such permission is required): see Order 9 Rule 9(8) to Rule 9(11) of the ROC 2021. c. The Court's approval to file further applications other than those directed at a case conference must be sought by letter setting out the essence of the intended application and the reasons why it is necessary at that stage of the proceedings. d. The Court may deal with the request by letter summarily or fix a case conference to deal with the matter. e. No application may be taken out during the period starting 14 days before the commencement of the trial and ending when the Court has determined the merits of the action, except in a special case and with the trial Judge's approval. f. The trial Judge's approval in paragraph (10) must be sought by letter setting out the essence of the intended application and explaining why there is a special case. Addition and removal of parties ------------------------------- 73. May be dealt with as part of the SAPT: see Order 9 Rule 9(4)(a) of the ROC 2021. 74. Also see Order 9 Rule 10 of the ROC 2021. Court's discretion whether to add or remove parties. g. Court can give directions to: O 9 r 10(1). xcii. add or remove one or more claimants and defendants. xciii. give permission for a Df to issue a third party notice in accordance with Order 10. xciv. give directions for the originating process to be served on any person who may have an interest in the action. h. Who can attend a case conference: O 9 r 10(2). xcv. Any person seeking to be added as a party may attend a CC if the person is aware of it or may seek a CC by letter **addressed to the Court** and **copied to all parties.** i. Effect of adding person a person as a defendant: O 9 r 10(3). \[Joinder of defendant\] xcvi. The action is deemed to be commenced against that person on the date on which the amendment to the action is made. \[date that amended OA/OC filed\] Consolidation, joint trials, consecutive trials or stays -------------------------------------------------------- 75. May be dealt with as part of the SAPT: see Order 9 Rule 9(4)(b) of the ROC 2021. 76. [Grounds] for consolidating or ordering joint trials, consecutive trials or a stay of a matter pending the trial of another matter: see Order 9 Rule 11 of the ROC 2021 (some [common question of law in the actions], the [reliefs claimed in the actions concern or arise out of the same factual situation] or it is [appropriate to do so]). 77. O 9 r 11 allows [three types of consolidation], where the grounds (above) are fulfilled: - [Consolidate] -- formal consolidation of two OCs into one proceeding. One set of proceedings subsumed into the other set of proceedings. - [Tried together / one after another] -- informal consolidation where the same judge will hear both cases either at the same time, or one after another, as similar questions need to be answered. - [Case management stay] pending determination of another action -- where more practice for one set of proceedings to be determined first, *eg,* where one set of proceedings are determinative of other set. Security for costs ------------------ 78. May be dealt with as part of the SAPT: see Order 9 Rule 9(4)(d) of the ROC 2021. 79. Defendant will apply for security for costs. 80. Grounds for applying for security for costs: see Order 9 Rule 12(1) and Rule 12(2) of the ROC 2021. j. Claimant who is [ordinarily resident out of jurisdiction]: also see *Tjong Very Sumito v Chan Sing En* \[2011\] 4 SLR 580 at \[22\]--\[50\] (N.B. This case was not decided under the ROC 2021 regime). xcvii. This refers to a man's abode in a particular place which he has adopted voluntarily and for settled purposes as part of the regular order of his life for the time being: *Tjong Very Sumito v Chang Sing En* \[2011\] 4 SLR 580. xcviii. This is determined by both his physical presence in a place and his mental attitude and purpose in relation to that place. k. Nominal claimant who is [suing for some other person's benefit] (but not suing in a representative capacity) or is being funded by a non-party **and** there is reason to believe that the [claimant will be unable to pay the defendant's costs if ordered to do so]. l. Claimant who has [not stated or has incorrectly stated the claimant's address] in the originating claim or originating application or [has changed the claimant's address during the course of the proceedings] so as to [evade the consequences of litigation]. m. For companies, also see section 388 of the Companies Act. Distinct and **alternative** way of obtaining SFC, can bring SFC application under both ROC and Companies Act. xcix. Under s 388 Companies Act, where claimant is a company, can apply for SFC if there is credible testimony that there is reason to believe that the company is unable to pay Df's costs. c. Court can still require the company to give sufficient security for costs and stay all proceedings until security is given. 81. Application for non-party to provide security: see Order 9 Rule 12(3) and Rule 12(4) of the ROC 2021. n. The defendant may apply for security for the defendant's costs of the action to be provided by a non-party, if that [non-party has ---] ci. [assigned that non-party's right in the action to the claimant in return for a share of any money or property which the claimant may recover in the action]; cii. [contributed or agreed to contribute to the claimant's costs] in [return for a share of any money or property] which the claimant may recover in the action; or ciii. [contributed or agreed to contribute to the claimant's costs] and [actively instigates or encourages the claimant to maintain the claimant's action]. o. An application for an order under paragraph (3) must be made by summons, which must be served on the non-party personally and on every party to the proceedings. 82. \[[Discretion.] After establishing grounds for ordering SFC, court considers if it is just to order SFC.\] When will a court order security if the grounds for ordering security are present? See *Creative Elegance (M) Sdn Bhd v Puay Kim Seng* \[1999\] 1 SLR(R) 112 at \[13\]--\[25\] and *Tjong Very Sumito v Chan Sing En* \[2011\] 4 SLR 580 at \[51\]. (N.B. These cases were not decided under the ROC 2021 regime). p. The court will examine (*Creative Elegance*): civ. Whether P has a ***bona fide* case** with a reasonable prospect of success -- if so, unlikely to order security. cv. Whether the application for security was being used **oppressively** -- so as to try and stifle a genuine claim -- if so, unlikely to order security. In so deciding, the court will have regard to prevailing economic circumstances. cvi. Whether claimant has **substantial assets** in Singapore; if so, unlikely to order security. cvii. **Ease of enforcement of order of costs** in the \ i. Court grants conditional leave to defend: Df's **defence may be said to be shadowy or suspicious, and that [some demonstration of commitment] on the part of the defendant to the claimed defence is called for. Conditional leave would be granted where the claimed defence lies somewhere between reasonable ground and no defence, and there is some doubt as to the sincerity of the Df's position or intention to defend.** 101. Orders that the Court may make in an application for summary judgment: see Order 9 Rule 17(7) of the ROC 2021. o. Dismiss the application. p. Grant unconditional leave to defend to Defendant. \[usually costs in the cause\] q. Grant judgment to Claimant. r. Grant conditional leave to defend, if the defence or any issue raised therein is of a dubious nature. cxli. Conditions usually pertain to paying into court some money, so that claimant can be assured they will get some money if they succeed in the claim. 102. Court may order stay of enforcement until after trial of a counterclaim: see Order 9 Rule 17(9) of the ROC 2021. 103. Defendant with a counterclaim may apply for summary judgment on the counterclaim: see Order 9 Rule 17(11) and Rule 17(12) of the ROC 2021. s. *Where Df to an action [commenced by originating claim] commences a counterclaim against Claimant and Claimant has served a defence to the counterclaim, Df may apply for summary judgment against Claimant.* t. *The same procedure as stated in subs (2)-(10) applies.* 104. *Counterclaim may affect whether summary judgment is ordered.* u. *Plausible counterclaim with legal or equitable right of set-off may cause court to decide not to order summary judgment and let entire case go to trial.* v. *Plausible counterclaim without right of set-off -- court may order summary judgment, with a stay of execution until the counterclaim is decided.* Third Party and Similar Proceedings ----------------------------------- 105. Filed by a defendant for contributions, relief sought against 3P by Df is same as relied sought against Df by Claimant, or want to bind 3P in determination of question. 106. Objectives of third party proceedings: see *Chancery Law Corp v Management Corporation Strata Title Plan No 1024* \[2015\] SGHC 66 at \[47\] (N.B. This case was not decided under the ROC 2021 regime). w. To enable parties to raise all issues relating to the subject-matter of the hearing in one set of proceedings. This avoids delay in unnecessary costs resulting from multiple actions. x. Secondly, to avoid inconsistency between judicial decisions if common issues are litigated in separate proceedings. 107. Grounds for issuing a third party notice: see Order 10 Rule 1(1) of the ROC 2021 (there are 3 grounds). y. claims against a person not already a party to the action any [contribution or indemnity]; z. claims against such a person [any relief or remedy relating to or connected with the original subject matter of the action] and [substantially the same as some relief or remedy claimed by the claimant]; or a. requires that [any question or issue relating to or connected with the original subject matter of the action should be determined not only as between the claimant and defendant but also as between either or both of them and a person not already a party to the action]. 108. Prescribed forms: See Order 10, Rule 1(1) of the ROC 2021 read with Forms 20 and 21 of Appendix A to the Supreme Court Practice Directions 2021. b. After the court grants permission under O 10 r 1(2), after Df files a notice of intention to contest/not contest, cxlii. Df may issue a notice in Form 20 of Appendix A to SCPD 2021 containing a **statement of the nature of the claim** and **nature and grounds of the claim made by the Df.** cxliii. Df may issue a notice in Form 21 of Appendix A to SCPD 2021 containing a **statement of the question of issue to be determined.** 109. When is permission required for issuing a third party notice? Leave is not required if the action was begun by **originating claim** and the **notice was issued before the Defence is served**: see Order 10 Rule 1(2) of the ROC 2021. However, if served after Defence was served and you need permission, should apply in the SAPT. Production of Documents ----------------------- **[i. Introduction]** 110. What are "documents"? See the definition in section 3 of the Evidence Act. Also see *Sanae Achar v Sci-Gen Ltd* \[2011\] 3 SLR 967 at \[10\] on electronically stored documents. c. "document" includes, in addition to a document in writing: cxliv. any map, plan, graph or drawing; cxlv. any photograph; cxlvi. any label, marking or other writing which identifies or describes anything