Issue / Event

Where claim is
below jurisdiction
of HC, can claim
be brought in HC?

Applicable rules and scenarios

The High Court shall have jurisdiction to hear and try any action in personam where D is served with a WOS or OS in Singapore in the
manner prescribed by the ROC or outside Singapore in the circumstances authorized by and in the manner prescribed by the ROC or of
D submits to its jurisdiction.
XX may have good reason to believe that the judgment needs to be enforced outside of Singapore and requires a superior court
judgment or the dispute could be a judicial review which the HC has jurisdiction over. OR it could be difficult to ascertain the claim for
damages. The fact that the plaintiffs did not ultimately obtain an amount in excess of the state court jurisdiction should not be held against
them as the test is not one of hindsight but of reasonableness.
The applicable test to ascertain whether costs should be paid at the HC scale is to determine if there was sufficient reason to bring the
matter to the HC (Cheong Ghim Fah) and O 59 r 27(5). Here [XX] has reasonable ground to believe the damages their clients might
potentially recover would exceed the State Courts jurisdiction and if a State Court judgment could not be enforced as a foreign judgment
in another jurisdiction, as in the present case, this could be sufficient reason for initiating the action in the High Court and the applicable
scale of costs would/would not be at the HC level.

How to maintain
an action that
exceeds the
jurisdiction of the
state courts?
If an action on a
point of law has a
dispute of fact
what will happen?
If your claim will be
time barred soon
but you don't have
particulars of the
case
If defendant is
travelling
extensively and
will only be back in
Singapore in 8
months, when your
writ has already
expired

While s 39 SCJA and O 59 r 27 only deal with the plaintiffs recovery of costs, Pinsler argues, citing VK Rajah JA that the court has
discretion to order plaintiffs to bear costs at the HC scale.
Starting point is that if amount exceeds limit, court has no jurisdiction: s 19 SCA
Section 22(1) SCA: abandonment of excess of claim
Section 23 SCA: parties agree by memorandum that DC has jurisdiction
Section 54B SCA: High Court has power to transfer proceedings from DC
Do nothing
Court will convert the OS into a writ action! O 28 r 8
Fraud has compulsory writ action (substantial disputes of fact)
O 28 r 8 pleadings (set out claims) (and that affidavits are part of pleadings)

6 r 2 (1)(a): A writ can be issued with the SoC or if not available, with a concise statement of the nature of the claim made or the relief
required.
File memorandum of service within 8 days O 10 r 1(4)
The SoC will then be filed and served on Df within 14 days after Df enters into appearance

Although writ has just expired, an application to extend its validity can be made within 6 months after its expiry (O 6 r 4(2)) for a period of
6 months, however in this case, as the Df is travelling extensively and will only be back in 8 months, the extension can be for a period of
12 months if after reasonable efforts are taken it is not possible to serve writ within 6 months (O 6 r 4(2A)) [QBE Insurance].
The application for renewal is made ex parte by summons supported by affidavit stating reasons why extension of writ is required. Full
and frank disclosure is required otherwise renewal may be set aside.
The renewal of the writ will be dependent on the courts discretion and there must be a good reason (Kleinwort Benson). Here [xx] has /
has not satisfied the good reason test because . and would likely be granted the renewal. The costs order would be costs in the cause
OR plaintiffs costs in the cause since [xx] did the work and should be compensated for it

The principles applicable to extensions of writ are as follows [see Kleinwort Benson Ltd and Lim Hong Kan]: the sooner u apply with
validity the renewal is more likely to be granted
The power to extend the validity of a writ should be exercised for a good reason.
When the court has found a good reason:
o where the writ has not been served to save costs, especially where there was no delay to the defendants (see Kleinwort
Benson and Lim Hong Kan).
o where the defendant has requested for the service of the writ be withheld (see Kun Kay Hong v. Tan Teo Huat [1984 1985] SLR 232).
o The Lircay
Express or implied agreement between parties to defer service
Delay in service or extension of writ induced or contributed by D's conduct
Difficulty in effecting service because D is evasive
When the court has not found a good reason:
o delay arose because the plaintiff was awaiting the outcome of other proceedings that might have an impact on the instant
proceedings [see Battersby & Ors v Anglo American Oil Co; and Dagnell & Anor v JL Freedman & Co. (a firm)].
o service was not effected because parties were negotiating and there was no clear agreement by the defendant to the delay
in the service of the writ (see Heaven v Road [1965] 2 QB 355 and Easy v Universal Anchorage Co Ltd [1974].
o a plaintiff has insufficient funds to proceed with the litigation (see Baly & anor v Barrett)
o negligence of the plaintiffs solicitors (see New Ching Kee v Lim Ser Hock [1972 - 1974] SLR 572)
o where the plaintiffs had failed to take reasonable steps to effect service of the writ (see The Big Beacher ).
Whether there is a good reason that exists in any particular case depends on all the circumstances of the case.
Balance of hardship is a relevant matter to be taken into account, but only if good reason is already shown.
The discretion of the judge and his exercise of it should not be interfered with by an appellate court except on special grounds.

OS to be served
on a totally
untraceable
defendant. Which
provision of the
ROC should you
make an
application for the
motion to proceed
without the
defendant?
Consequences of
not filing MOS

Cost Order
- If df keeps running around
o Cost in the cause OR
o Pfs Cost in the cause
Pf did work, should be compensated for cost
- If its plaintiffs own reasons, then no order as to costs
The starting point is that all originating processes must be served personally O 10 r 5.
[XX] should apply by ex parte summons supported by affidavit giving full and frank disclosure for the court to dispense with the
requirement of personal service under O62 r 1(2).
As [YY] is untraceable, [XX] should file for an application for substituted service by summons supported by affidavit under O62 r 5, stating
that 2 reasonable attempts at personal service have been made and why the Pf believes those attempts were reasonable. The affidavit
should contain a prayer to effect service by advertisement in a widely read publication.

Within 8 days: O 10 r 1(4)

If the Df has left

the jurisdiction to
evade service of
the writ?

A Pf based in
Singapore
attempts to serve
your client a writ
overseas but it
does not comply
with ROC for
service out of
jurisdiction.
Where writ was not
served properly

Note effects of not filing memorandum of service: O 10 r 1(4): plaintiff shall not be entitled to enter final or interlocutory judgment against
defendant in default of appearance or in default of defence unless Court otherwise orders; O 21 r 2(5): writ deemed to be discontinued if
memorandum of service not filed within 12 months after validity of writ for purpose of service has expired.
The starting point is that all originating processes must be served personally O 10 r 5.
Where [YY] leaves Sg before writ issued against him [XX] should seek leave to serve out of J before resorting to substituted service
[Consistel v Parooq Nasir]. [XX] applies by summons supported by affidavit (O11 r2), deposing grounds for application, that he believes
he has a good cause of action under one of the limbs of O 11 r 1 and whether it is necessary to extend validity of writ. [XX] has a duty to
make full and frank disclosure (Transniko) or else the order may be set aside. Service can be through private agent or it may have to be
through the courts or consulate to comply with the laws of that country (Fortune Hong Kong).
[YY] should dispute the jurisdiction of the court by reason of irregularity and do so by entering an appearance within the time limited for
serving a defence apply to the court to make an order setting aside the writ or service of the writ against him or that the writ has not been
duly served on him (o 12 r 7(1)(b))
Court may also ask for the papers to be served through you.

YY should enter into an appearance within 8 days if in singapore or 21 days if overseas by filing a MoA with the court under O 12 r 2 and
dispute jurisdiction of the court by applying to set aside writ or to discontinue action on the grounds that the writ has not been duly served
on him and to dischrage the order extending validity of writ, if any - (O 12 r 7(1)(b)). Such an application must be made by summons
supported by an affidavit (O 12 r 7(3)), failing which the court may on, YY's application by summons order action to be dismissed (O 12 r
8). Appearance does not constitute a waiver of irregularity.[ O 12 r 6 ]
If dfs application dismissed
o Costs to pf borne by df, to be fixed at $x
- If dfs application accepted
o Service may be deemed regular
o Or service set aside pf to serve again
o Costs to df borne by pf, to be fixed at $x; pf to pay p&p costs to df, and s&c costs to pfs lawyer (about 1/3 more
As XX was properly served with the writ, he has 8 days (O 12 r 4) after service of the writ to enter an appearance by filing a Memorandum
of Appearance with the court to indicate his intention to defend the suit.
-

Enter into
appearance

Appearance is the process by which a person against whom a suit has been commenced shows his intention to defend the suit and
submits himself to the jurisdiction of the court. Without appearance, it is an admission of all allegations in the Statement of claim and
it precludes the Df from setting up in a subsequent action a defence which was decided by the previous judgment. Do so within 8 days if
Singapore, if overseas 21 days.
If XX misses 8 days? So long as no judgment has entered, can file appearance. Can always apply to set it aside even if judgment
entered against him.
If appearance is not entered, XX would be in default of appearance and the YY may act to enter judgment against XX.
If KBC successfully obtains default judgment, scaled costs would be awarded to Pf against Dalvey. Dalvey would then have to apply
to set aside the default judgment.

Entering defence

Issuing a third
party notice

If the judgment is irregular, Dalvey would not bear costs of setting aside if he wins or loses the application as the Pf is blameworthy.
If the judgment is regular, then even if Dalvey succeeds in setting aside, he would have to bear costs because he is the blameworthy
party.
XX has to file and serve a defence to the claim within 14 days of entering an appearance (O 18 r 2) or when SoC is served on him,
whichever is later
o Filing for a stay application / striking out does not stop time for service of defence from running (Carona Holdings)
- What to include in defence r 8(1), (2)
Matters which must be specifically pleaded subsequent to a SOC:
(a) as to performance, release, limitation, fraud, illegality & anything if not specifically pleaded might:
(1) in the light of the allegations made, make any claim or defence of the opposite party unmaintainable;
(2) take the opposite party by surprise; or
(3) which raises issues of fact not arising out of the preceding pleading.
(b) A Df to an action for the recovery of immovable property must plead specifically every ground of defence which he relies, and a plea
per se that he is in possession of the immovable property by himself or his tenant is not sufficient.
Traverse
o Every allegation of fact must be specifically traversed, a general statement of non-admission is not enough O 18 r 13(3)
- Extension of time for filing defence:
o ask court by applying summons supported by affidavit (but may run risks of costs)
o ask opposing party for extension by writing letter (opposing party unlikely to ask for costs)

Issue a third party notice against [XX] under O 16 r 1, on the ground that the claim against [XX] is for substantially the same relief or
remedy claimed by the plaintiff (O 16 r 1(1)(b))
o Or go under O 16 r 1(1)(a): seeking contribution/indemnity
Leave is required for actions begun by OS or actions begun by writ and the defence has already been served (O 16 r 1(2))
O16 r 1(a) 3p Notice
With leave or without leave?
o NOTE: O 16 r 6 TP proceedings can be set aside at any stage by the court.
o When is leave required?
(i) Require leave if bring in 3P AFTER defence has been filed;
(ii) NOT require leave if bring in 3P BEFORE defence filed - O16 r1(2)
(iii) Leave is required if intended TP is the government - O 73 r 8
Requirements for issue and service of 3P notice
o Must serve with every third party a 3P notice, copy of the writ or originating summons & of pleadings (if any) served in the
action - O 16, r3(2) r/w O 16 r 3(3)
o Personal service is required O 10 r 1(1) r/w O 16 r3(3)
o Rules governing service out of jurisdiction apply O 11 r/w O 16 r 3(3)
o Rules governing appearance apply O 12 r/w O 16 r 3(3)
o TP becomes party to action from time of service of notice - O 16 r 1(3)
How to apply?
o By ex parte Summons supported by affidavit O16 r2 stating
Nature of claim made by the Pf in the action
What stage of proceedings in the action have reached

Requesting for
F&BP

Nature of the claim made by the applicant or particulars of the question or issue required to be determined, as the case
may be, and the facts on which the proposed third party notice is based; and
If leave is granted then apply for 3P notice and serve through personal service on XX
o Must serve with every third party a 3P notice, copy of the writ or originating summons & of pleadings (if any) served in the
action - O 16, r3(2)
Df to enter memorandum of service within 8 days of serving writ on 3P O 10 r 1(4)
3P to enter memorandum of appearance or he will be in default of appearance and judgment in default can be entered against
_____
o If 3P enters appearance, D must apply for directions (Summons for 3P directions), to be served on all the parties in the
action O 16, r 4(1)
o If no summons served on 3P 3P may apply for directions 7 days after entering appearance r 4(2)
o Or alternatively, apply to set aside 3P notice but unlikely to succeed
Possible court orders
o Dismiss the application for directions & terminate proceedings on 3P notice - O 16 r 4(3)(c)
o Give 3P leave to appear at trial and take part - O 16 r 4(3)(a)
o Order judgment to be entered for D against 3P - O 16 r 4(3)(b)
Consequences of default of 3P if 3P defaults in entering appearance / serving defence
o He is deemed to admit any claim stated in 3P notice, and shall be bound by any judgment r 5(1)
o Party NOT in default may apply by summons to enter judgment or any other just order r 5(2)
o Court can @ any time set aside or vary judgment r 5(3)
o Non-default judgment may be entered against TP at or after trial of the main action
o 4th or 5th party notice
O 16 r 9 (1) TP may issue 4th or 5th party notice
Leave is not required if it is a writ action and the TP issues the 4th or 5th party notice before the expiration of 14 days
after the time limited for appearing to the TP notice issued against him
What costs granted for work done? Costs in the application costs in the cause or Df costs in the cause.
Write a letter to P requesting for FABP, giving reasonable time to comply with the request (O 18 r 12(6)).
FABP usually made after svc of defence r 12 (5)
o An order for F&BP is usually made after the the service of defence, hence there would be an issue with O 18 r 12 (5) as
defence has not been served, however this issue is resolved since the SOC may be too bare and manifestly inadequate for
XX to know exactly the case to be answered (Gwee Kim Bock).
If there is no reply within that reasonable time given, then apply for FABP under O 18 r 12(3) by summons supported by affidavit
stating that a letter of request has been sent and not complied with
If the pleadings are bare and do not provide enough material facts, XX should seek for particulars by applying by letter first as this has
no cost implications, reasonable time of 14 days should be given for YY to furnish these particulars. (O18 r 12(6).
o However this may mean that XX would be in breach of the 14 day time limit to file a defence under O 18 r 2. XX should
concurrently apply to court for an extension of time to file defence or mutually agree for a time extension between his counsel
and YY's counsel, costs of this application would likely be costs in the cause or Dfs cost in the cause.
If YY is not receptive, then XX should apply to court by summons supported by affidavit stating that a letter of request has been sent,
not complied with and reasonable time has been given.
Costs
o If the application is allowed then court will order OIT and costs to the requesting party fixed at $x if a substantial number of

particulars are granted.

However if application for F&BP is disallowed, there can be no appeal to the court of appeal (s34 SCJA), and XX would likely
have to bear the costs of the application as well as Pfs costs for work done.
For other scenarios see notes [a few granted] include if have time
Must he amend pleadings if requested? To include particulars- dont have to amend pleadings if providing F&BP. Under the law,
F&BP are read as part of the pleadings = deemed part of pleadings O 18 r 12(3) court may order particulars to stand as part of
pleadings
Where name is
Amendment with leave under O 20 r 5(3): an amendment to correct the name of a party if Court is satisfied that the mistake sought to be
mistakenly spelt on corrected was a genuine mistake and not misleading or such as to cause any reasonable doubt as to identity of the person intended to be
the writ
sued; Lim Yong Swan
Amending SOC to O 20 r 5(5) read with O 20 r 5(2)
add a new cause
of action
SOC can be amended at any stage and by ex parte summons (if df has not entered appearance) or inter partes summons (if df has
entered appearance)
o

Amendment may be allowed notwithstanding effect of amendment is to add/substitute a new cause of action, as long as new
cause of action arises out of the substantially the same facts r5(5)
o Lim Yong Swan: A new cause of action arises out of substantially the same facts if there is a sufficient overlap bet the facts
supporting the existing claim and those supporting the new claim

Guiding principle amendments to pleadings ought to be allowed if they would enable the real qn or issue in controversy between
parties to be determined (Wright Norman)
An amendment which would enable the real issues between the parties to be tried should be allowed subject to penalties on
costs and adjournment, if necessary, unless the amendment would cause injustice or injury to the opposing party which could not
be compensated for by costs or otherwise. [Ng Chee Weng]

Amend SOC
without leave

Discovery against
non-party

COST ORDER:
o If I get amendment, other party will get costs for fixed at ____ based on costs thrown away, costs of the application and costs
consequential advice?
o If I do not get, other party will only get one set of costs cost of the application

Right of appeal to CA
- If amendment granted no right of appeal to CA 4th schedule para (g)
- If amendment not granted right to appeal only with leave 5th schedule para (a)
Statement of claim did not plead circumstances
Court may dismiss application with costs to defendant o18 r 19 as it did not disclose a reasonable cause of action
O 18 r 5 allows Pf to alter his SOC
O 20 r 3 Amendment done before pleadings close and serve amended pleading on df
Other side may not consent to amendment see registrar cost in the application but will generally be allowed
Yes O 24 r 6(2): application for discovery against non-party by summons, court will apply the fair disposal/saving of costs test, Shaw v
Vauxhall
O 24 r 6(3): must show that the documents are relevant to an issue arising or likely to arise out of the claim made or likely to be made in
the proceedings, and that the person against whom the order is sought is likely to have or have had them in his possession, custody or

power
O 24 r 7: show necessity
What about train of enquiry?
Security for costs

1) Apply for security for costs under s 388(1) Companies Act: where a corporation is P in any action, the court may order security for
costs if there is reason to believe that the company will be unable to pay the costs of D if successful in his defence
2) Creative Elegance: test used for s 388(1) and O 23 the same court considers all circumstances and decides whether it is just to
order P to provide security for costs. Difference lies in conditions to be satisfied before provisions can be invoked
XX may apply for security for costs under s 388(1) Companies Act: where a corporation is P in any action, the court may order security for
costs if there is reason to believe that the company will be unable to pay the costs of D if successful in his defence. However as the facts
are not conclusive on whether corporation XX is unable to pay, a ground more likely to succeed is O23 r1(1)(a).
In this case, XX would rely on O23 r 1(1)(a) as YY is ordinarily out of jurisdiction and lacks fixed assets in Singapore to satisfy a possible
costs order (Tjong Very Sumito). The court would then consider all the circumstances and decide if it would be just to order the Pf to
provide SFC and one of the tests is the Pfs prospects of success.
Here _____ has a reasonable prospect of success as they can adduce evidence of the alleged defects. However having a reasonable
prospect of success does not mean that a court will not grant the defendant SFC since the evidence is not overwhelmingly in favour of the
Plaintiffs.
The court may consider is the complexity of the claim and defence (Frantonios Marine).
Here the case is arguably complex and would require more pre-trial preparation since there are 3P proceedings which involve an
action in misrep which also has a R prospect of success.
This may take more days of trial and have a much higher quantum of potential unrecoverable legal costs for the Df.
CakeChat would then subject the Df to much higher financial risk of non-recovery of substantial legal costs.
However although the Pfs are financial position is worrying, they could argue that their situation was brought about by
PastryPraise as their defects caused them to stop operations (Sembawang Engineering) although this may fail as PP can argue
that CC's business is not doing well as it fell out of favour due to lack of innovation.
If the plaintiffs claim would be stifled if SFC were ordered
Presently the Pfs have a slowing business. The Df could argue that the ct should consider that the policy of O23 leaned more towards
protecting a df against an unsatisfied costs order.
This factor would be in favour of the Pf/Df

Can give SFC in tranches to mitigate harshness set milestones

a. SFC Up to:
i. close of pleadings,
ii. set down date,
iii. SFD,
iv. first day of trial

However the court would also consider that YY was still in business and was just across the causeway and the relative ease of

enforcing judgment (Creative Elegance). No assets in Singapore but assets in Msia- property for u to seize veer in favour of not
granting
On balance although there appears to be impending impecuniousity there are also special circumstances which tilt the balance in favour
of the pf. Here he has evidence of defects and there are facts which support the misrep by the 3P, this would go towards supporting the
Pf's claim against the Df and tilt the balance as awarding SFC would stifle a genuine claim. Hence a court may decide not to award SFC.
Court will order for Pf to furnish security for costs in the sum of $X by DD/MM/YY by way of a bankers guarantee / payment to court /
solicitors undertaking to the satisfaction of the Df
How will court determine how much security to allow?
look at complexity (no. of days of trial, no. of witnesses)
court will probably break up the costs into different parts, and liberty to Defendant to apply at later stage
If Pf is unable to furnish security, then the action is stayed or dismissed
Costs
SFC granted: Cost follows the event; Df applies successfully will get fixed cost
If SFC appln denied: Cost to Pf fixed at $x Df failed cost follows event
Right of appeal

Where your client

refuses to pay your
costs

If security for costs is not granted, there is no right of appeal to CA - 4th schedule para h
If granted, respondent can appeal to the CA only with leave: s34(1) SCJA. 5th schedule para b
Explain to client he should pay because ____. Failing which apply for an order for taxation

Apply for costs for

more than 2
solicitors

Law firm should apply for an order for taxation under the LPA s120(1) by way of originating summons within 12 months of delivery of
the bill. [By summons if there is a pending action].
With order, proceed to draw up bill of costs in accordance with O59 and PD and present bill against client.
o According to [79] of Lin Jian Wei, S&C costs are a private matter and proportionality need not apply
Client can contest the bill so Law firm should scrutinize whether the costs were reasonably incurred with the express or implied
consent of the client.
If client disagrees with bill, you can negotiate with client
If client still disagrees, the bill must go for taxation hearing
At taxation hearing, the parties will argue as to what is reasonable and not reasonable. The court will make a finding and tax off or
affirm the bill.
Consequences: If taxing Registrar takes off more than 1/6th of the bill, then there are consequences. Penalities under s128: lawyers
have to pay the costs and stamp fees
O59r19- costs for more than two solicitors
Certificate of more than 2 counsel within 1 month but do it immediately
How to apply? Oral application
what is legal test?
o Whether services of more than 2 lawyer is reasonably necessary to adequately present the case. If less than 2 can present

then court wont grant certificate. (Singapore airlines)

Is the service of
the writ on the
defendant in
Malacca through
private agent
regular?

For a writ to be
served in
Singapore

Lin Jian Wei

Necessary,
Proportionality applies based on Appendix 1 para 1(2)
look at it item by item for it to be proportionate
Reasonableness
Private agent could be foreign counsel or clerk of law firm
Fortune HK: look to law of the land. If Malacca allows this mode of service, then it is ok.
In Ngan Chin Wen Malay court held that svc by pvt agent is ultra vires- infringning sovereignty of Malaysia official channels
government consulate/embassy/courts
Pacific assets; distinguished Ngan Chin Wen and held that service of SG originating process in malaysia by private agent is valid.
But pacific assets is a line of local cases, so it is safer to go through official channels (consular authorities or courts) still.

Amendment of writ
by substituting a
new cause of
action

Entering Summary
J

Various factors to determine amount of costs to allow

o O59 r 31(1)
Complexity of item
Skill
Number
Place
Urgency
Where money or property is involved

O 65 r 2A there is no need to go through official channels

If you choose to go through official channels, follow procedure in O 65 by applying through our own supreme court or consulate (If
there is a civil procedure convention) [Fortune Hong Kong]
To effect service, letter of request must contain translation (O65 r 2(2))
Amendments can be applied for even after limitation period has passed so long as new cause of action arises out of the same facts
(Lim Yong Swan)
Apply by ex parte summons (or inter partes if Df has entered picture) supported by affidavit
It is likely to succeed as it is a new cause of action that falls within O 20 r 5(5) -Adding or substituting a new cause of action and
courts lean towards substantive justice, so that the best case is before the court
Costs
o If application granted
costs in the cause as it is a new cause of action whose outcome is unknown or
pfs costs in the cause to allow Pf to claim his costs in the event he wins

If it is clear that the Df has no real defence to the claim, Pf may apply to court for summary judgment against Df

Requirements
o SoC must be served and complete and correct: O. 14, r. 1
Where there is error in SoC cannot be corrected/supplemented

Summary J
entered against
you

If defect is of substance, application for summary judgment dismissed: Sheba Gold Mining [1892] QB
o Df must have served a defence to the statement of claim O14 r1
o Affidavit in support of application must depose to all facts supporting the claim O14 r 2 and must be served on df 3 days from
date of filing r 2(2)
Must be filed within 28 days after pleadings have closed
Application can be made only after the defence has been filed and no application should be made while a stay application is
pending (Samsung Corporation)
O14 r 7: If, on an application under Rule 1, it appears to the Court that the plaintiff knew that the defendant relied on a contention
which would entitle him to unconditional leave to defend, then, the Court may dismiss the application with costs.
Test
Pf must show that he has prima facie case for judgment WATERTIGHT cause of action [Associated Development v Loong Sie
Kiong]
Burden then falls to df, who inorder to obtain leave to defend, must establish that there is a reasonable probability that he has a real
or bona fide defence
an amendment to the defence or other pleadings may warrant a revival of the Pfs right to apply for Summary Judgment
If 28 days has lapsed, and Pf still has not applied for SJ:
o Timeline in O. 14, r. 14 is extendable (Obegi Melissa and Others v Vestwin Trading Pte Ltd and Another):
o Court has the power to grant an extension of time at any point during proceedings in an action: power derived from O.
3, r. 4
o May grant extension of time even if extension made only after expiry
o Amendments to pleadings ordinarily do not revive pfs right to apply for SJ (if 28 days has lapsed)
o But may do so where there are substantial amendments to pleadings to save parties trouble+expense of a trial (e.g. where
fraud pleaded in orig defence, then withdrawn in amended defence which is served >28 days after close of pleadings)
o Just apply to extend by summons supported by affidavit explain why you have delayed and show how you have a watertight
case
To avoid SJ being entered: Df has to seek leave to defend + show that the dispute concerns a triable issue or that there is some
other reason for trial. O 14 r 3(1)
XX should show that his dispute concerns a triable issue by showing cause for trial by affidavit. O 14 r 2(3) by filing and serving on
applicant within 14 days after service of applicant's summons and affidavits.
The plaintiff can reply by filing and serving affidavits and if Df wants to reply he has to seek leave of court.
Court will assess the Pfs SJ to determine if there are no triable issues as to fact, if the court is satisfied then it will turn to D's reply to
determine if D should be given leave to defend.
Possible outcomes
o O 14 rr 3 and 8: court may grant summary judgment for only part of the claim for which no triable issued is raised, and grant
leave to defend (whether unconditionally or conditionally) the balance of the claim (assuming triable issue(s) are raised with
respect to the remaining parts)
Summary Judgment (r. 3(1)) (in Pfs favour):
o When?
o Where no triable issues as to fact, or no bona fide defence [Roberts v Plant] Absence of some other reason for a
trial

o
o
o
o
o
o
o

Where counterclaim is foreign to pfs claim which is admitted, thereby disentitling a stay on the judgment so entered
(AB Contractors v Flasherty Bros)
Where liability is clear but damages have to be assessed under O 37, judgment can still be given
Dfs application to be set aside, final or interlocutory judgment given (liq / unliq damages)
Costs to P as per scale (O. 59, Part II of Basic Costs para C)
Enter judgment in favour of P where no triable issues as to fact or law or bona fide defence has been raised by D
Where liability is clear but damages have to be assessed, judgment can still be given.
Cost order:
o Costs to pf as per scale (O. 59, Part II of Basic Costs para C)

Dismiss Summary J application with costs pf shouldnt have come to court at all
o Where Pfs SoC not complete & correct
o If the defect is one of substance the application for summary judgment will be dismissed [Sheba Gold Mining]
o Or where Pf knew Df relied on contention which would entitle Df unconditional leave to defend (r 7(1))
o Defence so clear & strong higher threshold than Unconditional leave to defend
o Costs order
Cost to df fixed at $x to be paid by pf, fix as per the scale OR costs to the pf (if df takes out counterclaim)

Judgment with stay (O 14 r. 3(2)):

o When Df has clearly no defence to pfs claim, but df raises a plausible counterclaim

the court can grant P summary judgment on his claim, but stay execution of judgment pending trial of Ds counterclaim
(Invar Realty)

Costs order likely to be as per scale under Part II of Appendix 2 to O59 r 31(2)

Unconditional leave to defend (r. 3(1) and 4(1)) (in Dfs favour):
o When?
When Df raises a triable issue of fact
- Court unlikely to give leave to defend where there is a triable issue of law, even if issue of law is complex +
highly arguable
o Triable issues of law Df should go on O. 14, r. 12. If disagree with ruling, appeal
Df may not be able to pinpoint precise issue of qn in dispute to be tried
- But apparent that there ought to be a trial, e.g. full discovery or cross-x required "for some other reason"
[Miles v Bull]
- But merely alleging that time is required to investigate alleged obscurities in the hope of unearthing something
will not suffice to show some other reason for a trial (Lady Anne Tennant)
Triable issue of law raised & Court resolves in dfs favour
Df sets up bona fide counterclaim arising out of same subj matter of action arising out of the same subjectmatter of the action and connected with grounds of defence, even if df admits whole of the claim [Hua Khian
Ceramics]
o Cost order:
-

Typically, costs to the df scaled

Can be costs in the cause, note also r. 7(3) (court reluctant to grant costs to df bcos so easy for df to show triable
issues of fact/law)
Argue that u received defence but defence not supposed to contain evidence so don't know if
there are triable issues don't punish the Pf Your honor!

Costs is at the discretion of the court

Conditional leave to defend (r. 4(1)):

When?
o Where defence is a sham [Wing v Thurlow] or shadowy defence [Van Lynn Developments], eg
dishonored cheque, df claims did not issue cheque, no witness
o If Df can identify and locate witnesses not sham, shadowy
Condition:
- Df must pay Security for judgment sum for Pf in having to defend Df's shadowy claim
- Or time or mode of trial
Cost order:
- If df satisfies condition (can provide security for pfs judgment sum) Leave given to df to defend Costs
in the cause
- If not Final judgment for the pf, with costs to the Pf as per scale
o Df is granted conditional leave to defend upon furnishing 800k is quantified based on the plaintiffs claim
to be paid within 1 month failing which final judgment for the Pf
Conditional leave to defend
Where court is not entirely satisfied D has a genuine defence but considers D ought to be given benefit of doubt
Raising a barrage of lousy defences sometimes works
existence of complex issues is not an answer to a claim for summary judgment
Defence is not hopeless but some demonstration of commitment on the part of the D to the claimed defence is called for

Appealable?
If given against you, apply for Erinford injunction to stay execution of judgment then file notice of appeal to CA
Unconditional leave to defend not appealable (4th schedule para a)
Conditional leave to defend pf cannot appeal; df can appeal (4th schedule para b)
Summary judgment appealable as of right (silent)
Expert witnesses

Expert witnesses have to provide an experts report to the court O40A r 3 but the other side may also want to bring in their own
witnesses.
In this case, there may be a cross-examination in the face of conflicting expert opinion (Muhammad Jefrry).
The court would assess the expert witnesses based on
proficiency, - experience, skills, knowledge acquired by expert
Court would also look at their qualifications whether they are from Timbuktu university or from Harvard
However, skill can be acquired by special study or experience (Leong Wing Kong v PP)
procedure and methodology adopted by expert to reach conclusion
Ong Pang Siew using hokkien, following procedure
Nadasan Chandra failure to provide separate notation for different allele
Where there is conflicting evidence between experts, it will not be the sheer number of experts but the

Striking out

Offer to settle

consistency and their logic of evidence that is paramount (Sakthivel)

precision depth of analysis
Tan Mui Teck 24 specimens vs 2 specimens
No short cuts
show defence discloses no reasonable defence under O 18 r 19 r1(a) by summons no affidavit
so plain and obvious that there is no case
apply before pleadings are closed
must be plain and obvious that there is no defence
if defence struck out, costs awarded to Pf and final judgment entered against Df
If defence not struck out as courts may find it too draconian and strikes out a specific plea instead, party who applies will get costs as
he was right to apply
If struck out, the Df has automatic right of appeal to CA

If no defence then? Judgment entered against Df final judgment entered for the Pf for the full sum of $x
But this is unlikely to succeed as it is a draconian measure, more likely that a single plea will be struck out than the entire defence.
Another option would be to make an offer to settle under O 22A. The advantage of using an OTS is to ensure cost dynamics through
early settlement as well as allowing for the possibility of Dalvey to have P&P costs on an indemnity basis paid by the KBC if they reject an
offer higher than the judgment sum. An OTS is not to be filed and there must be no reference in any pleading or affidavitto the fact that
such offer has been made. (O22A r 5(1)) Here as the prima facie facts show a weak case for KBC Sdn Bhd, it is advised that D makes an
OTS much lower than KBC's claim. It is likely that KBC would not accept this initial offer and there would be a bargaining process which
may have several outcomes.
Where Offer Made By Plaintiff
If the plaintiff makes an offer to settle:
That is not accepted; and
The plaintiff wins; and
The plaintiffs award is equal to or more than the offer the plaintiff made; and
The court is satisfied the plaintiff was willing and able to carry out the offer; then
the defendant must pay the plaintiffs costs on the indemnity basis from the date of the offer (unless the defendant can show another
order is appropriate) (r 360(1)).
If the plaintiff makes an offer to settle:
That is not accepted; and
The plaintiff wins at trial; but
The plaintiffs award is less than the offer the plaintiff made; then
the defendant pays the plaintiffs costs on a standard basis (r 681(1) + 702).
If the plaintiff makes an offer to settle:
That is not accepted; and
The defendant wins at trial; then
the plaintiff pays the defendants costs on a standard basis (r 681(1) + 702).

Where Offer Made By Defendant

If the defendant makes an offer to settle:
That is not accepted; and
The plaintiff wins at trial; and
The plaintiffs award is less than or equal to the offer the defendant made; and
The court is satisfied the defendant was willing and able to carry out offer; then
the court must (unless a party can show another order is more appropriate):
Order the defendant to pay the plaintiffs costs on the standard basis up to the day the offer was served; and
Order the plaintiff to pay the defendants costs on the standard basis after the day the offer was served (r 361(1)&(2)).
If the defendant makes an offer to settle:
That is not accepted; and
The plaintiff wins at trial; and
The plaintiffs award is more than the offer the defendant made; then
the defendant pays the plaintiffs costs on a standard basis.

Examine debtor for

assets

Writ of seizure and

sale on movable
property

If the defendant makes an offer to settle:

That is not accepted; and
The defendant wins at trial; then
the plaintiff pays the defendants costs on a standard basis
Where debtor does not pay up after you asked
Apply by ex parte summons supported by affidavit to get leave to apply for an EJD O 48
Obtain order to require debtor to attend before registrar to be orally examined on what property he has
Order required to be serve personally on judgment debtor
Debtor answers questions on oath and can be liable for perjury
Plan next step after knowing what property debtor has
Procedure: Apply to the Sheriff (in the HC) / the Bailiff (in the Sub court) who will go to debtors house and will stick stickers, and
on appointed day, sell off for auction O 45 r 4
Get writ of delivery to recover property

Committal

WSS on
immovable pty O

Applies to WSS on movable pty

Where a person refuses to comply with the orders or judgment
Procedure (2 stages):
o Every application for Committal (O 52) must be made only with leave.
o 1. Obtain leave by OS/ Summons [ex parte] (If there is an existing parent action, can use summons) supported by a
statement setting out details of applicant and other party. must have personal service O 52 r 3
o 2. After leave is granted, application for the order must be made by summons in the proceedings in which leave was
obtained. Court hears the substance and decide whether Df should go to jail.
Procedure:
o Apply for order by ex parte summons supported by affidavit

46/47

WSS On stocks
and shares (O 47 r
6)

Stop orders (O
50)

Garnishee

Identify judgment to be enforced

Stating name of debtor, interest sought, amount remaining unpaid
o Register order with SLA to lodge caveat to protect against other interests; debtor in order to sell property, will ask creditor
to dislodge caveat so that sale can take place (O 47, r 4(1)(d))
Tenancy in common: equal shares; joint tenancy: survivorship) -Focal Finance: If its joint tenancy, cannot enforce against both
tenants - BUT Tan Sook Yee: disagrees, should allow enforcement
Note: O 17 interpleader (for e.g. debtors wife can challenge and say a particular item is hers)
Valid for 12 months beginning with date of issue
Extension of time: period of 12 months from day the order was made (O 46 r 6) Must be made before expiry?
Judgment creditor may apply for rents and profits (O 47 r 5(d))
Procedure: Lodge caveat at the Central Depository (CDP) to prevent debtor from transacting on stocks/shares
The Sheriff must sign a notice to be addressed
o -in the case of Government stock, to the Accountant-General;
o -in the case of stock listed on the Stock Exchange of Singapore Ltd. and held under a central depository system, to the
depository for the time being and the company or corporation concerned;
o -in the case of other stock, to the company or corporation concerned; and
o -in the case of stock standing in the name of the Accountant-General, to the Accountant-General,
and together with a copy of the writ of seizure and sale must be served by the Sheriff by any mode of service as he thinks fit.
(b) A copy of the notice must at the same time be sent to the judgment debtor at his address for service.
(c) On receipt of such notice, the judgment debtor must hand over to the Sheriff at his office any indicia of title in his possession
relating to such stock, or where any such indicia of title are not in his possession, must notify the Sheriff in writing of the name and
address of the person having possession thereof.
(d) The Sheriff must further send a copy of the notice to any person, other than the judgment debtor, in whose possession he has
reason to believe any such indicia of title to be.
(e) After the receipt of any notice sent, and unless the notice is withdrawn, no transfer of the stock or any interest therein, as the case
may be, shall be registered or effected unless the transfer be executed or directed by the Sheriff, and any such transfer or direction by
the Sheriff shall have the same effect as if the registered holder or beneficial owner of such stock had executed the transfer, and shall
be dealt with accordingly.
Stop orders apply for stop order if u have beneficial interest
Works hand in hand with the WSS of stocks and shares.
Any person claiming to be beneficially entitled to an interest in any securities, who wishes to be notified of any proposed transfer /
payment of those securities may apply for a Stop order
Court order to stop transfer of any assets
Procedure:
o File an affidavit identifying securities in and question and describing his interest
o Notice signed by deponent to affidavit
Procedure:
o First stage: Application for garnishee order nisi must be made by ex parte summons supported by an affidavit in Form
102. [ex parte] once order nisi is obtained, serve on garnishee [by ordinary service] to bind in the hands of the garnishee
the debt specified in the order
o Second stage: Garnishee will confirm whether monies are due and owing [inter parte]
Order if $ due & owing: Garnishee order (nisi) made absolute in the sum of $x as per scale garnishee must pay

money to the judgment creditor

Order if no $ due & owing: Garnishee order (nisi) discharged with costs (to garnishee)
o Where on the further consideration, the garnishee does not attend or dispute the debt due from the judgment debtor, the
court may make an order absolute against the garnishee.
o Costs: scaled costs- "costs to judgment creditor as per scale" paid by judgment debtor
costs added onto judgment debt
[debtor has money and was not cooperating]
Bank will go to court where there is a dispute over whether there are monies
Salaries cannot be garnished (American Express Bank v Abdul Manaff)
o BUT GARNISH BANK ACCOUNT SALARY IS CREDITED INTO
Only if salary is credited into bank account
Find out which day it is credited to garnish on that day itself
Apply for garnishment order every month on the date the salary is credited
Garnish fees from lawyer but may conflict with professional privilege (Chua Su Yin)
o Evidence as to whether a lawyer holds or has paid or received moneys on behalf of a client has been judicially regarded as
evidence of an objective fact or an act or transaction and not a communication.
Hence at common law such evidence is not protected from disclosure by the privilege