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Supreme Court of Judicature Act
Rules of Court
R 5
G.N. No. S 71/1996
REVISED EDITION 2006
(1st April 2006)
[1st April 1996]
ORDER 1
CITATION, APPLICATION, DEFINITIONS AND FORMS
1. These Rules may be cited as the Rules of Court.
2.
—(1) Subject to the following provisions of this Rule, the Rules of the Subordinate Courts [1993 Ed.] and Rules of the Supreme Court [1990 Ed.] are hereby repealed.
(2) The transitional provisions and savings set out in the Schedule to this Order shall have effect.
(3) Subject to this Rule, these Rules shall have effect in relation to all proceedings in the Supreme Court and Subordinate Courts, in so far as the matters to which these Rules relate are within the jurisdiction of those Courts and, unless the Court otherwise orders, apply to any pending proceedings therein.
(4) These Rules shall not apply to proceedings of the kind specified in the first column of the following Table (being proceedings in respect of which rules may be made under the written law specified in the second column of that Table), except for the provisions specified in the third column of that Table:
Proceedings | Written Law Applicable | Provisions | ||
1. Bankruptcy proceedings. | Bankruptcy Act (Chapter 20), s.166. | Order 63A and items 71D to 71I and 75 of Appendix B. | ||
2. O. 1, r. 2 Proceedings relating to the winding up of companies. | Companies Act (Chapter 50), s.410. | (a) Order 63A and items 71D to 71I and 75 of Appendix B; and (b) Order 88, Rule 2(5). | ||
3. Proceedings under Part IV of the Parliamentary Elections Act (Chapter 218). | Parliamentary Elections Act, s.100. | Order 63A and items 71D to 71I and 75 of Appendix B. | ||
4. Proceedings under Part I of the Mental Disorders and Treatment Act (Chapter 178). | Order 63A and items 71D to 71I and 75 of Appendix B. | |||
5. Proceedings under Part X of the Women’s Charter (Chapter 353) (except appeals to the Court of Appeal). | Women’s Charter, s.139. | Order 63A and items 70B, 71, 71D to 71I and 79 of Appendix B. | ||
6. Criminal Proceedings. | Criminal Procedure Code (Chapter 68). | |||
7. Proceedings relating to the winding up of limited liability partnerships. | Limited Liability Partnerships Act 2005 (Act 5 of 2005), s.57. | (a) Order 63A and items 71D to 71I and 75 of Appendix B; and | ||
(b) Order 96, Rule 3(2). |
(5) In the case of the proceedings mentioned in paragraph (4), nothing in that paragraph shall be taken as affecting any provision of any rules (whether made under the Act or any other written law) by virtue of which these Rules or any provisions thereof are applied in relation to any of those proceedings.
3. The Interpretation Act (Chapter 1) shall apply for the interpretation of these Rules as it applies for the interpretation of an Act of Parliament.
4.
—(1) In these Rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely:
“attend” includes the appearance by any person using electronic, mechanical or other means permitted by the Court;
“bailiff” includes the registrar, any clerk or other officer of the Court charged with the duties of a bailiff in the Subordinate Courts;
“cause book” means the book kept in the Registry in which the number of, and other details relating to, a cause or matter are entered;
“Civil Procedure Convention” means the conventions set out in Appendix C to these Rules and includes any convention, treaty or agreement of any description or any provision thereof between different States relating to civil procedure in the court;
“folio” means 100 words, each figure being counted as one word;
“Form” means a form set out in Appendix A to these Rules, and a form so numbered in the Appendix;
“Judge” means a judge of the High Court or District Judge and includes, in cases where he is empowered to act, a Magistrate or the Registrar, as the case may require;
“officer” means an officer of the Supreme Court or Subordinate Courts;
“originating process” means a writ of summons or an originating summons;
“originating summons” means every summons for the commencement of proceedings other than a writ of summons;
“pleading” does not include an originating summons, a summons or a preliminary act;
“receiver” includes a manager or consignee;
“Registry” means the Registry of the Supreme Court or the Registry of the Subordinate Courts, as the case may be, and references to the Registrar shall be construed accordingly;
“scheduled territories” has the meaning assigned to it by the Exchange Control Act (Chapter 99);
“Sheriff” includes a bailiff of the Subordinate Courts;
“sign”, in relation to the signing of documents by the Registrar, includes the affixing of a facsimile signature;
“solicitor” has the same meaning as in the Legal Profession Act (Chapter 161);
“summons” means every summons in a pending cause or matter;
“working day” means any day other than a Saturday, Sunday or a public holiday;
“writ” means a writ of summons.
(2) In these Rules, unless the context otherwise requires, “Court” means the High Court or any one or more Judges thereof or a District Court or District Judge, whether sitting in Court or in Chambers, and includes, in cases where he is empowered to act, a Magistrate or the Registrar; but the foregoing provision shall not be taken as affecting any provision of these Rules and, in particular, Order 32, Rule 9, by virtue of which the authority and jurisdiction of the Registrar is defined and regulated.
5.
—(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, Rule or Appendix is a reference to that Order or Rule of, or that Appendix to these Rules and any reference to a specified Rule, paragraph or sub-paragraph is a reference to that Rule of the Order, that paragraph of the Rule, or that sub-paragraph of the paragraph, in which the reference occurs.
(2) Any reference in these Rules to anything done under a Rule of these Rules includes a reference to the same thing done before the commencement of that Rule under any corresponding Rule of Court ceasing to have effect on the commencement of that Rule.
(3) Except where the context otherwise requires, references in these Rules to any written law shall be construed as a reference to that written law as amended, extended or applied by or under any other written law.
6. Except where the context otherwise requires, references in these Rules to an action or claim for the possession of immovable property shall be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the immovable property or to the possession thereof.
7. The Forms in Appendix A to these Rules shall be used where applicable with such variations as the circumstances of the particular case require.
8. Where any expression in these Rules is marked with an endnote number (for example — “attestation6”), the endnote bearing the corresponding number in Appendix D shall apply in relation to that expression.
THE SCHEDULE
Transitional Provisions and Savings
Part I
Provisions Relating to Proceedings in the Supreme Court
1. The following provisions of the Rules of the Supreme Court, 1970 shall continue to apply to any proceeding commenced before 1st August 1991:
(a)
ORDER 14;
(b)
ORDER 41, RULE 5;
(c)
ORDER 73, RULE 5 (1) and (2);
(d)
ORDER 81;
(e)
APPENDIX A, FORM 18; and
(f)
APPENDIX A, FORM 46 (paragraphs 22 to 29), and
Order 25, Rule 8 of these Rules shall not apply to any proceeding commenced before 1st August 1991.
2. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any costs to which a party or person became entitled before 1st February 1992:
ORDER 59.
3. Order 90A, Form 224 and Form 225 of these Rules shall not apply to —
(a)
any cause or matter for hearing before the High Court in open Court in which the request for setting down, the application or the record of appeal, as the case may be, was filed on or before 1st July 1993;
(b)
appeals and applications before the Court of Appeal in which the record of appeal or the application was filed before 1st July 1993.
4. The following provision of the Rules of the Supreme Court, 1970 which was inserted by Rule 28 of the Rules of the Supreme Court (Amendment No. 2) Rules 1991 (S 281/91), as amended by Rule 11 of the Rules of the Supreme Court (Amendment) Rules 1991 (S 515/92), shall continue to apply to any appeal filed before 2nd May 1994 but on or after 2nd January 1993:
ORDER 57, RULE 9A.
5. Order 57, Rule 9A of these Rules shall not apply to any appeal to the Court of Appeal in respect of which the Registrar’s notice referred to in Order 57, Rule 5(2) of these Rules has been served before 2nd May 1994.
6. The following provisions of the Rules of the Supreme Court, 1970, as amended by the Rules of the Supreme Court (Amendment No. 2) Rules 1991 (S 281/91), shall continue to apply to any appeal to the Court of Appeal in respect of which the Registrar’s notice referred to in Order 57, Rule 5(2) of these Rules has been served before 2nd May 1994 but in which the appeal was filed on or after 1st August 1991:
ORDER 57, RULES 6, 7, 8, 9, 10(2), 12, 13(4) and 14(4).
7. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any appeal, application for leave or application for special leave to appeal made under the revoked Judicial Committee Act (Chapter 148) before 8th April 1994:
ORDER 58.
8. The following provision of the Rules of the Supreme Court, 1970 shall continue to apply to any writ of summons issued before these Rules come into operation:
ORDER 6, RULE 4 (1) and (2).
Part II
Provisions Relating to Proceedings in the Subordinate Courts
1. The following provisions of the Rules of the Subordinate Courts, 1986 shall continue to apply to any proceedings commenced before 1st March 1992:
(a)
ORDER 14;
(b)
ORDER 41, RULE 5 (1);
(c)
ORDER 65, RULE 5 (2); and
(d)
SCHEDULE A, FORM 15.
2. The following provisions of the Rules of the Subordinate Courts, 1986 shall continue to apply to any appeal filed before 1st March 1992:
(a)
ORDER 54, RULE 1 (2);
(b)
ORDER 54, RULE 3;
(c)
ORDER 54, RULE 4 (1); and
(d)
ORDER 54, RULE 7 (3).
3. The following provisions of the Rules of the Subordinate Courts, 1986 shall continue to apply to any costs to which a party became entitled before 1st April 1992:
(a)
ORDER 56; and
(b)
ORDER 57.
4. The following provision of the Rules of the Subordinate Courts, 1986 which was inserted by Rule 3 of the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), shall continue to apply and have effect in respect of actions where the summons for directions has been heard and dealt with before 1st October 1992 and in the case of automatic directions where the directions have taken effect before that date:
SCHEDULE B, ITEM 18C.
5. The following provision of the Rules of the Subordinate Courts, 1986 which was inserted by Rule 3 of the Subordinate Courts (Amendment No. 2) Rules 1992 (S 113/92), shall continue to apply to any writ issued before 1st July 1994 but on or after 1st April 1992:
ORDER 6, RULE 4.
6. The following provisions of the Rules of the Subordinate Courts, 1986 which were inserted by the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), shall continue to apply to any cause or matter for hearing before the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, has been filed before 1st July 1994 but on or after 1st July 1992:
SCHEDULE B, ITEM 18B; and
SCHEDULE B, ITEM 18C.
7. The following provision of the Rules of the Subordinate Courts, 1986 which was inserted by the Rules of the Subordinate Courts (Amendment No. 3) Rules 1992 (S 283/92), and the Rules of the Subordinate Courts (Amendment No. 4) Rules 1992 (S 424/92), shall continue to apply to any cause or matter for hearing before the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, has been filed before 1st July 1994 but on or after 1st October 1992:
SCHEDULE B, ITEM 18C.
8. Order 90A, Form 224 of these Rules shall not apply to any cause or matter for hearing in the Subordinate Courts in open court in which the request for setting down or the application, as the case may be, was filed before 1st July 1994.
ORDER 2
EFFECT OF NON-COMPLIANCE
1.
—(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these Rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to paragraph (3), the Court may, on the ground that there has been such a failure as is mentioned in paragraph (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order therein or exercise its powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the originating process by which they were begun on the ground that the proceedings were required by any of these Rules to be begun by an originating process other than the one employed.
2.
—(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this Rule may be made by summons and the grounds of objection must be stated in the summons or supporting affidavit.
ORDER 3
TIME
1. Without prejudice to the Interpretation Act (Chapter 1), in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in Court, means a calendar month unless the context otherwise requires.
2.
—(1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with this Rule.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4) Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a day other than a working day, that day shall be excluded.
3. Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a day other than a working day, the act shall be in time if done on the next working day.
4.
—(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these Rules or by any judgment, order or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
(4) In this Rule, references to the Court shall be construed as including references to the Court of Appeal.
(5) Paragraph (3) shall not apply to the period within which any action or matter is required to be set down for trial or hearing or within which any notice of appeal is required to be filed.
Notice of intention to proceed after year’s delay (O. 3, r. 5)
5. [Deleted by S 551/99]
ORDER 4
CONSOLIDATION OF PROCEEDINGS
1.
—(1) Where 2 or more causes or matters are pending, then, if it appears to the Court —
(a)
that some common question of law or fact arises in both or all of them;
(b)
that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions; or
(c)
that for some other reason it is desirable to make an order under this Rule,
the Court may order those causes or matters to be consolidated on such terms as it thinks just or may order them to be tried at the same time or one immediately after another or may order any of them to be stayed until after the determination of any other of them.
(2) An order for consolidation must be in Form 1 and shall direct that the cause or matter in which the application is made shall thence forward be carried on in such other cause or matter and that the title of such other cause or matter be amended by adding thereto the title of the cause or matter in which the application is made.
(3) Upon such order being made, the file of the cause or matter in which the application is made shall be transferred to and added to the file of such other cause or matter, and the copy of the order shall be left in place of the file so transferred, and a memorandum of the transfer shall be entered in the cause book against the cause or matter so consolidated.
ORDER 5
MODE OF BEGINNING
CIVIL PROCEEDINGS
CIVIL PROCEEDINGS
1. Except in the case of proceedings which by these Rules or by or under any written law are required to be begun by any specified mode of commencement, proceedings may be begun either by writ or by originating summons as the plaintiff considers appropriate.
2. Proceedings in which a substantial dispute of fact is likely to arise shall be begun by writ.
3. Proceedings by which an application is to be made to the Court or a Judge thereof under any written law must be begun by originating summons.
4.
—(1) [ Deleted by S 806/2005]
(2) Proceedings —
(a)
in which the sole or principal question at issue is or is likely to be, one of the construction of any written law or of any instrument made under any written law, or of any deed, will, contract or other document, or some other question of law; or
(b)
in which there is unlikely to be any substantial dispute of fact,
are appropriate to be begun by originating summons unless the plaintiff intends in those proceedings to apply for judgment under Order 14 or for any other reason considers the proceedings more appropriate to be begun by writ.
Proceedings to be begun by motion or petition (O. 5, r. 5)
5. [Deleted by S 806/2005]
6.
—(1) Subject to paragraph (2) and to Order 76, Rule 2, any person (whether or not he sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the Court by a solicitor or in person.
(2) Except as expressly provided by or under any written law, a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.
ORDER 6
WRITS OF SUMMONS:
GENERAL PROVISIONS
GENERAL PROVISIONS
2.
—(1) Before a writ is issued, it must be endorsed —
(a)
with a statement of claim or, if the statement of claim is not endorsed on the writ, with a concise statement of the nature of the claim made or the relief or remedy required in the action begun thereby;
(b)
where the claim made by the plaintiff is for a debt or liquidated demand only, with a statement of the amount claimed in respect of the debt or demand and for costs and also with a statement that further proceedings will be stayed if, within the time limited for appearing, the defendant pays the amount so claimed to the plaintiff or his solicitor;
(c)
where the plaintiff sues in a representative capacity, with a statement of the capacity in which he sues;
(d)
where a defendant is sued in a representative capacity, with a statement of the capacity in which he is sued;
(e)
where the plaintiff sues by a solicitor, with the plaintiff’s address and the solicitor’s name or firm and a business address of his within the jurisdiction;
(f)
where the plaintiff sues in person —
(i)
with the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and
(ii)
with his occupation; and
(g)
with the number of days within which an appearance is required to be entered under Order 12, Rule 4.
(2) The address for service of a plaintiff shall be —
(a)
where he sues by a solicitor, the business address of the solicitor endorsed on the writ; and
(b)
where he sues in person, the address within the jurisdiction endorsed on the writ.
3.
—(1) A plaintiff or his solicitor must, on presenting a writ for sealing, leave with the Registrar the original and a copy together with as many copies thereof as there are defendants to be served.
(2) The Registrar shall assign a serial number to the writ and shall sign, seal and date the writ whereupon the writ shall be deemed to be issued.
(3) The original writ must be filed in the Registryand an entry thereof made in the cause book.
4.
—(1) Subject to the other provisions of these Rules, for the purposes of service, a writ is valid in the first instance —
(a)
where leave to serve the writ out of the jurisdiction is required under Order 11, for 12 months; and
(b)
in any other case, for 6 months,
beginning with the date of its issue.
(2) Subject to paragraph (2A), where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 6 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the Court before that day or such later day (if any), as the Court may allow.
(2A) Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve a writ within 6 months, the Court may, if it thinks fit, extend the validity of the writ for such period, not exceeding 12 months at any one time, as the Court may specify.
(3) Before a writ, the validity of which has been extended under this Rule, is served, it must be marked with an official stamp in Form 3 showing the period from which the validity of the writ has been so extended.
(4) A note of the renewal must be entered in the cause book.
ORDER 7
ORIGINATING SUMMONSES:
GENERAL PROVISIONS
GENERAL PROVISIONS
Application (O. 7, r. 1)
1. [Deleted by S 806/2005]
2. Every originating summons must be in Form 4 or 5, whichever is appropriate.
3.
—(1) Every originating summons must include a statement of the questions on which the plaintiff seeks the determination or direction of the Court or, as the case may be, a concise statement of the relief or remedy claimed in the proceedings begun by the originating summons with sufficient particulars to identify the cause or causes of action in respect of which the plaintiff claims that relief or remedy.
(2) Order 6, Rule 2, except for paragraph (1)(a) and (b) shall apply in relation to an originating summons as it applies in relation to a writ.
4. Order 6, Rule 3, shall apply in relation to an originating summons as it applies in relation to a writ.
5. Order 6, Rule 4, shall apply in relation to an originating summons as it applies in relation to a writ.
6.
—(1) Rules 2, 3(1) and 4 shall, so far as applicable, apply to ex parte originating summonses; but, except as aforesaid, this Order shall not apply to ex parte originating summonses.
(2) Order 6, Rule 3(2) shall apply, with the necessary modifications, in relation to an ex parte originating summons as it applies in relation to a writ.
ORDER 8
[Deleted by S 806/2005]
ORDER 9
[Deleted by S 806/2005]
ORDER 10
SERVICE OF ORIGINATING PROCESS:
GENERAL PROVISIONS
GENERAL PROVISIONS
1.
—(1) Subject to the provisions of any written law and these Rules, a writ must be served personally on each defendant.
(2) Where a defendant’s solicitor endorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the endorsement was made.
(3) Subject to Order 12, Rule 6, where a writ is not duly served on a defendant but he enters an appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.
(4) Where a writ is duly served on a defendant otherwise than by virtue of paragraph (3), then, subject to Order 11, Rule 3, unless within 8 days after service the plaintiff files a memorandum of service in Form 6 containing the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against that defendant in default of appearance or in default of defence, unless the Court otherwise orders.
2.
—(1) Where the Court is satisfied on an ex parte application that —
(a)
an action relates to any business or work against a person who does not reside within Singapore or who is absent from Singapore;
(b)
an agent or manager has, at the time of service, personally the control or management of such business or work for such person within Singapore; and
(c)
at the time of the application either the agent’s or manager’s authority has not been determined, or he is still in business relations with the principal,
the Court may authorise service of a writ of summons to be effected on such agent or manager instead of the principal.
(2) For the purpose of this Rule, the agent of a ship shall be deemed to be the agent of the owner and charterer of the ship.
(3) For the purpose of this Rule, “business or work” shall include the administration of an estate.
(4) Every application under this Rule must be supported by an affidavit stating the nature of the claim.
(5) An order under this Rule authorising service of a writ on a defendant’s agent or manager must allow the defendant 21 days, or such extended time as the Court sees fit, to enter appearance.
(6) Where an order is made under this Rule authorising service of a writ on a defendant’s agent or manager, a copy of the order and of the writ must be sent by prepaid registered post to the defendant at his address out of the jurisdiction if known to the plaintiff.
3.
—(1) Where —
(a)
a contract contains a term to the effect that the Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Court has jurisdiction to hear and determine any such action; and
(b)
the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner or at such place (whether within or out of the jurisdiction), as may be so specified, then if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.
(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11.
4. Where a writ is endorsed with a claim for the possession of immovable property the Court may —
(a)
if satisfied on an ex parte application that no person appears to be in possession of the immovable property and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the immovable property;
(b)
if satisfied on such an application that no person appears to be in possession of the immovable property and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the immovable property shall be treated as good service on that defendant.
ORDER 11
SERVICE OF PROCESS OUT OF SINGAPORE
1. Provided that the originating process does not contain any claim mentioned in Order 70, Rule 3(1), service of an originating process out of Singapore is permissible with the leave of the Court if in the action —
(a)
relief is sought against a person who is domiciled, ordinarily resident, carrying on business or who has property in Singapore;
(b)
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);
(c)
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 thereto;
(d)
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 —
(i)
was made in Singapore, or was made as a result of an essential step being taken in Singapore;
(ii)
was made by or through an agent trading or residing in Singapore on behalf of a principal trading or residing out of Singapore;
(iii)
is by its terms, or by implication, governed by the law of Singapore; or
(iv)
contains a term to the effect that that Court shall have jurisdiction to hear and determine any action in respect of the contract;
(e)
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;
(f)
(i)
the claim is founded on a tort, wherever committed, which is constituted, at least in part, by an act or omission occurring in Singapore; or
(ii)
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;
(g)
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;
(h)
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;
(i)
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, situate in Singapore;
(j)
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;
(k)
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;
(l)
the claim is brought in a probate action within the meaning of Order 72;
(m)
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 (Chapter 30B);
(n)
the claim is made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A), the Terrorism (Suppression of Financing) Act (Chapter 325) or any other written law;
(o)
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;
(p)
the claim is founded on a cause of action arising in Singapore;
(q)
the claim is for a contribution or an indemnity in respect of a liability enforceable by proceedings in Singapore;
(r)
the claim is in respect of matters in which the defendant has submitted or agreed to submit to the jurisdiction of the Court; or
(s)
the claim concerns the construction, effect or enforcement of any written law.
2.
—(1) An application for the grant of leave under Rule 1 must be made by ex parte summons supported by an affidavit in Form 7 stating —
(a)
the grounds on which the application is made;
(b)
that in the deponent’s belief the plaintiff has a good cause of action;
(c)
in what place or country the defendant is, or probably may be found;
(d)
where the application is made under Rule 1(c), the grounds for the deponent’s belief that there is between the plaintiff and the person on whom an originating process has been served a real issue which the plaintiff may reasonably ask the Court to try; and
(e)
whether it is necessary to extend the validity of the writ.
(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of Singapore under this Order.
(3) An order granting leave under Rule 1 shall be in Form 8 and shall allow the defendant 21 days to enter an appearance unless the Court otherwise orders or any written law provides.
3.
—(1) Subject to paragraphs (2) to (8), Order 10, Rule 1, and Order 62, Rule 5, shall apply in relation to the service of an originating process out of Singapore.
(2) Nothing in this Rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.
(3) An originating process which is to be served out of Singapore need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected.
(4) Where a certificate under this Rule is produced in relation to the service of an originating process in accordance with Rule 4 or 7, Order 10, Rule 1(4), shall not apply in relation to that service.
(5) An official certificate stating that an originating process as regards which Rule 4 has been complied with has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate —
(a)
by a Singapore consular authority in that country;
(b)
by the government or judicial authorities of that country; or
(c)
by any other authority designated in respect of that country, under the Hague Convention,
shall be evidence of the facts so stated.
(6) An official certificate by the Minister stating that an originating process has been duly served on a specified date in accordance with a request made under Rule 5 shall be evidence of that fact.
(7) A document purporting to be such a certificate as is mentioned in paragraph (4) or (5) shall, until the contrary is proved, be deemed to be such a certificate.
(8) Where the defendant is in Malaysia or Brunei Darussalam, the originating process —
(a)
may be served in accordance with Rule 4; or
(b)
may be sent by post or otherwise by the Registrar to the Magistrate, Registrar or other appropriate officer of any court exercising civil jurisdiction in the area in which the person to be served is said to be or to be carrying on business for service on the defendant, and if it is returned with an endorsement of service and with an affidavit of such service, it shall be deemed to have been duly served.
Service of originating process abroad through foreign governments, judicial authorities and Singapore consuls or by other method of service (O. 11, r. 4)
4.
—(1) Where in accordance with these Rules an originating process is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention providing for service in that country of process of the High Court, the originating process may be served —
(a)
through the judicial authorities of that country; or
(b)
through a Singapore consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served).
(2) Where in accordance with these Rules an originating process is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the High Court, the originating process may be served —
(a)
through the government of that country, where that government is willing to effect service;
(b)
through a Singapore consular authority in that country, except where service through such an authority is contrary to the law of that country; or
(c)
by a method of service authorised by the law of that country for service of any originating process issued by that country.
(3) Where a person wishes to serve an originating process in any country —
(a)
through the judicial authorities of that country under paragraph (1);
(b)
through a Singapore consular authority under paragraph (1) or (2); or
(c)
through the government of that country under paragraph (2),
that person must file in the Registry a request in Form 9 for service of the originating process by that method, together with a copy of the originating process and an additional sealed copy thereof for each person to be served.
(4) Every copy of an originating process served pursuant to paragraph (2)(c) or filed under paragraph (3) must be accompanied by a translation of the originating process in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any of those languages which is appropriate to the place in that country where service is to be effected:
Provided that this paragraph shall not apply in relation to a copy of an originating process which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a Singapore consular authority on a Singapore citizen, unless the service is to be effected under paragraph (1) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.
(5) Every translation served or filed under paragraph (4) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person’s full name, of his address and of his qualifications for making the translation.
(6) Documents duly filed under paragraph (3) shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served by the method indicated in the request filed under paragraph (3) or, where alternative methods are so indicated, by such one of those methods as is most convenient.
5.
—(1) Where a person to whom leave has been granted under Rule 2 to serve an originating process on a High Contracting Party to the Warsaw Convention, being an originating process beginning an action to enforce a claim in respect of carriage undertaken by that Party, wishes to have the originating process served on that Party, he must file in the Registry —
(a)
a request for service to be arranged by the Minister;
(b)
a sealed copy of the originating process; and
(c)
except where the official language of the High Contracting Party is, or the official languages of that Party include, English, a translation of the originating process in the official language or one of the official languages of the High Contracting Party.
(2) Rule 4(5) shall apply in relation to a translation filed under paragraph (1) as it applies in relation to a translation filed under Rule 4(4).
(3) Documents duly filed under this Rule shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served on the High Contracting Party or the government in question, as the case may be.
6. Every request filed under Rule 4(3) or 5 must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Minister in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Minister and to produce a receipt for the payment to the proper officer in the Registry.
7.
—(1) Subject to paragraph (2) where a person to whom leave has been granted under Rule 2 to serve an originating process on a State, as defined in section 16 of the State Immunity Act (Chapter 313), wishes to have the originating process served on that State, he must file in the Registry —
(a)
a request for service to be arranged by the Permanent Secretary to the Ministry of Foreign Affairs;
(b)
a sealed copy of the originating process; and
(c)
except where the official language of the State is, or the official languages of that State include, English, a translation of the originating process in the official language or one of the official languages of the State.
(2) Rule 4(5) shall apply in relation to a translation filed under paragraph (1) as it applies in relation to a translation filed under Rule 4(4).
(3) Documents duly filed under this Rule shall be sent by the Registrar to the Permanent Secretary to the Ministry of Foreign Affairs with a request that he arrange for the originating process to be served on the State or the government in question, as the case may be.
(4) 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 either by the method agreed or in accordance with this Rule.
8.
—(1) Subject to Order 69, Rule 5, service out of Singapore of any summons, notice or order issued, given or made in any proceedings is permissible only with the leave of the Court but leave shall not be required in any proceedings in which leave for service of the originating process has already been granted.
(2) Rule 2 shall, so far as applicable, apply in relation to an application for the grant of leave under this Rule.
(3) Rules 3, 4 and 6 shall apply in relation to any document for the service of which out of Singapore leave has been granted under this Rule as they apply in relation to an originating process.
9.
—(1) An originating process issued in the Subordinate Courts which is to be served out of Singapore in a country, other than Malaysia or Brunei Darussalam, shall be sent by the Registrar of the Subordinate Courts to the Registrar of the Supreme Court and shall be served in accordance with these Rules relating to the service out of Singapore of an originating process issued in the Supreme Court.
(2) Every certificate of service received by the Registrar of the Supreme Court in respect of such service shall be transmitted by him to the Registrar of the Subordinate Courts.
ORDER 12
ENTRY OF APPEARANCE
1.
—(1) Subject to paragraph (2) and Order 76, Rule 2, a defendant to an action begun by writ may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a solicitor or in person.
(2) Except as expressly provided by any written law, a defendant to such an action who is a body corporate may not enter an appearance in the action or defend it otherwise than by a solicitor.
(3) An appearance is entered by properly completing a memorandum of appearance, as defined by Rule 2, and a copy thereof, and handing them in at the Registry.
(4) If 2 or more defendants to an action enter an appearance by the same solicitor and at the same time, only one memorandum of appearance need be completed and delivered for those defendants.
2.
—(1) A memorandum of appearance is a request to the Registry to enter an appearance for the defendant or defendants specified in the memorandum.
(2) A memorandum of appearance must be in Form 10 and both the memorandum of appearance and the copy thereof required for entering an appearance must be signed by the solicitor by whom the defendant appears or, if the defendant appears in person, by the defendant.
(3) A memorandum of appearance must specify —
(a)
in the case of a defendant appearing in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has no place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent; and
(b)
in the case of a defendant appearing by a solicitor a business address of his solicitor within the jurisdiction, and where the defendant enters an appearance in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his solicitor’s business address shall be his address for service.
(4) If the memorandum of appearance does not specify the defendant’s address for service or the Court is satisfied that any address specified in the memorandum of appearance is not genuine, the Court may on application by the plaintiff set aside the appearance or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the appearance shall nevertheless have effect for the purposes of Order 10, Rule 1(3), and Order 62, Rule 10.
3.
—(1) On receiving the memorandum of appearance and the copy thereof, an officer of the Registry must in all cases affix to the copy of the memorandum of appearance an official stamp showing the date on which he received those documents and enter the appearance in the cause book, and hand back that copy of the memorandum.
(2) Where the defendant enters an appearance, he must on the date on which he enters the appearance send by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff’s solicitor, at the plaintiff’s address for service, the copy of the memorandum of appearance handed back to him under paragraph (1).
4. References in these Rules to the time limited for appearing are references —
(a)
in the case of a writ served within the jurisdiction, to 8 days after service of the writ or, where that time has been extended by or by virtue of these Rules, to that time as so extended; and
(b)
in the case of a writ served out of the jurisdiction, to 21 days after service of the writ as provided for in Order 10, Rule 2 or Order 11, Rule 2 or to such extended time as the Court may otherwise allow.
5.
—(1) A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.
(2) Except as provided by paragraph (1), nothing in these Rules or any writ or order thereunder shall be construed as precluding a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.
6. The appearance by a defendant in an action shall not be treated as a waiver by him of any irregularity in the writ or service thereof or in any order giving leave to serve the writ out of the jurisdiction or extending the validity of the writ for the purpose of service.
7.
—(1) A defendant who wishes to dispute the jurisdiction of the Court in the proceedings by reason of any such irregularity as is mentioned in Rule 6 or on any other ground shall enter an appearance and within the time limited for serving a defence apply to the Court for —
(a)
an order setting aside the writ or service of the writ on him;
(b)
an order declaring that the writ has not been duly served on him;
(c)
the discharge of any order giving leave to serve the writ on him out of the jurisdiction;
(d)
the discharge of any order extending the validity of the writ for the purpose of service;
(e)
the protection or release of any property of the defendant seized or threatened with seizure in the proceedings;
(f)
the discharge of any order made to prevent any dealing with any property of the defendant;
(g)
a declaration that in the circumstances of the case the Court has no jurisdiction over the defendant in respect of the subject-matter of the claim or the relief or remedy sought in the action; or
(h)
such other relief as may be appropriate.
(2) A defendant who wishes to contend that the Court should not assume jurisdiction over the action on the ground that Singapore is not the proper forum for the dispute shall enter an appearance and, within the time limited for serving a defence, apply to Court for an order staying the proceedings.
(3) An application under paragraph (1) or (2) must be made by summons supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the summons.
(4) Upon the hearing of an application under paragraph (1) or (2), the Court may make such order as it thinks fit and may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.
(5) A defendant who makes an application under paragraph (1) shall not be treated as having submitted to the jurisdiction of the Court by reason of his having entered an appearance and if the Court makes no order on the application or dismisses it, paragraph (6) shall apply as if the defendant had not made any such application.
(6) Except where the defendant makes an application in accordance with paragraph (1), the appearance by a defendant shall, unless the appearance is withdrawn by leave of the Court under Order 21, Rule 1, be treated as a submission by the defendant to the jurisdiction of the Court in the proceedings.
8.
—(1) Any person named as a defendant in a writ which has not been served on him may serve on the plaintiff a notice requiring him within a specified period that is not less than 14 days after service of the notice either to serve the writ on the defendant or to discontinue the action as against him.
(2) Where the plaintiff fails to comply with a notice under paragraph (1) within the time specified, the Court may, on the application of the defendant by summons, order the action to be dismissed or make such other order as it thinks fit.
(3) A summons under paragraph (2) shall be supported by an affidavit verifying the facts on which the application is based and stating that the defendant intends to contest the proceedings and a copy of the affidavit must be served with the summons.
(4) Where the plaintiff serves the writ in compliance with a notice under paragraph (1) or with an order under paragraph (2), the defendant must enter an appearance within the time limited for so doing.
ORDER 13
DEFAULT OF APPEARANCE TO WRIT
1.
—(1) Where a writ is endorsed with a claim against a defendant for a liquidated demand only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2) A claim shall not be prevented from being treated for the purposes of this Rule as a claim for a liquidated demand by reason only that part of the claim is for interest accruing after the date of the writ at an unspecified rate, but any such interest shall be computed from the date of the writ to the date of entering judgment at the rate of 6% per annum or at such other rate as the Chief Justice may from time to time direct.
2. Where a writ is endorsed with a claim against a defendant for unliquidated damages only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.
3. Where a writ is endorsed with a claim against a defendant relating to the detention of movable property only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, at his option enter either —
(a)
interlocutory judgment against the defendant for the delivery of the property or their value to be assessed and costs; or
(b)
interlocutory judgment for the value of the property to be assessed and costs,
and proceed with the action against the other defendants, if any.
4.
—(1) Where a writ is endorsed with a claim against a defendant for possession of immovable property only, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 83, Rule 1, enter judgment for possession of the immovable property as against that defendant and costs, and proceed with the action against the other defendants, if any.
(2) Where there is more than one defendant, judgment entered under this Rule shall not be enforced against any defendant until judgment for possession of the immovable property has been entered against all the defendants.
5. Where a writ issued against any defendant is endorsed with 2 or more of the claims mentioned in Rules 1 to 4, and no other claim, then, if that defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under these Rules if that were the only claim endorsed on the writ, and proceed with the action against the other defendants, if any.
6.
—(1) Where a writ is endorsed with a claim of a description not mentioned in Rules 1 to 4, then, if any defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing and upon filing an affidavit proving due service of the writ on that defendant and, where the statement of claim was not endorsed on or served with the writ, upon serving a statement of claim on him, proceed with the action as if that defendant had entered an appearance.
(2) Where a writ issued against a defendant is endorsed as aforesaid, but by reason of the defendant’s satisfying the claim or complying with the demands thereof or for any other like reason it has become unnecessary for the plaintiff to proceed with the action, then, if the defendant fails to enter an appearance, the plaintiff may, after the time limited for appearing, enter judgment with the leave of the Court against that defendant for costs.
(3) An application for leave to enter judgment under paragraph (2) shall be by summons which must, unless the Court otherwise orders, and notwithstanding anything in Order 62, Rule 10, be served on the defendant against whom it is sought to enter judgment.
7.
—(1) Judgment shall not be entered against a defendant under this Order unless —
(a)
the plaintiff produces a certificate of non-appearance in Form 11; and
(b)
either an affidavit is filed by or on behalf of the plaintiff proving due service of the writ on the defendant, or the plaintiff produces the writ endorsed by the defendant’s solicitor with a statement that he accepts service of the writ on the defendant’s behalf.
(2) Where, in an action begun by writ, an application is made to the Court for an order affecting a party who has failed to enter an appearance, the Court hearing the application may require to be satisfied in such manner as it thinks fit that the party is in default of appearance.
ORDER 14
SUMMARY JUDGMENT AND DISPOSAL OF CASE ON POINT OF LAW
1. Where a statement of claim has been served on a defendant and that defendant has served a defence to the statement of claim, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.
2.
—(1) An application under Rule 1 must be made by summons supported by an affidavit or affidavits.
(2) The summons and the supporting affidavit or affidavits must be filed at the same time, and must be served on the defendant within 3 days from the date of filing.
(3) The defendant on whom the summons and the supporting affidavit or affidavits have been served may show cause against the plaintiff’s application by affidavit or otherwise to the satisfaction of the Court.
(4) If the defendant wishes to show cause against the plaintiff’s application by affidavit, he must file and serve his affidavit or affidavits on the plaintiff within 14 days after service of the plaintiff’s summons and affidavit or affidavits.
(5) The plaintiff must, if he wishes to reply to the defendant’s affidavit or affidavits, file and serve his affidavit or affidavits on the defendant within 14 days after service of the defendant’s affidavit or affidavits.
(6) No further affidavit shall be received in evidence without the leave of the Court.
(7) Where a party files or serves an affidavit beyond the period of time specified in this Rule, the Court may make such order as to costs against that party as it considers fit.
(8) An affidavit or affidavits for the purpose of this Rule must contain all necessary evidence in support of or in opposition (as the case may be) to the claim, or a part of the claim, to which the application relates, and unless the Court otherwise directs, may contain statements of information or belief with the sources and grounds thereof.
3.
—(1) Unless on the hearing of an application under Rule 1 either the Court dismisses the application or the defendant satisfies the Court with respect to the claim, or part of a claim, to which the application relates that there is an issue or question in dispute which ought to be tried or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against that defendant on that claim or part as may be just having regard to the nature of the remedy or relief claimed.
(2) The Court may by order, and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this Rule until after the trial of any counterclaim made or raised by the defendant in the action.
4.
—(1) The Court may give a defendant against whom an application under Rule 1 is made leave to defend the action with respect to the claim, or part of a claim, to which the application relates either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.
(2) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary or other similar officer thereof, or any person purporting to act in any such capacity —
(a)
to produce any document; and
(b)
if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.
5.
—(1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff and the plaintiff has served a defence to the counterclaim, the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2) Rules 2, 3 and 4 shall apply in relation to an application under this Rule as they apply in relation to an application under Rule 1 but with the following modifications:
(a)
references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;
(b)
the words “any counterclaim made or raised by the defendant in” in Rule 3(2) shall be omitted; and
(c)
the reference in Rule 4(1) to the action shall be construed as a reference to the counterclaim to which the application under this Rule relates.
6.
—(1) Where the Court —
(a)
orders that a defendant or a plaintiff has leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or part of a claim;
(b)
gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be; or
(c)
dismisses, or grants leave for the withdrawal of, the application under this Order,
the Court, shall give directions as to the further conduct of the action and Order 25, Rules 2 to 7 shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under Rule 1 or 5, as the case may be, on which the order was made were a summons for directions.
(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by the Registrar under the provisions of these Rules relating to the trial of causes or matters or questions or issues by the Registrar.
7.
—(1) 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.
(2) The Court shall have the same power to dismiss an application under Rule 5 as it has under paragraph (1) to dismiss an application under Rule 1, and that paragraph shall apply accordingly with the necessary modifications.
8.
—(1) Where on an application under Rule 1 the plaintiff obtains judgment on a claim or part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.
(2) Where on an application under Rule 5 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.
9. Where the claim is for the delivery up of a specific movable property and the Court gives judgment under this Order for the applicant, it shall have the same power to order the party against whom judgment is given to deliver up the property without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.
10. A tenant shall have the same right to apply for relief after judgment for possession of immovable property on the ground of forfeiture for non-payment of rent has been given under this Order as if the judgment had been given after trial.
11. Any judgment given against a party who does not appear at the hearing of an application under Rule 1 or 5 may be set aside or varied by the Court on such terms as it thinks just.
12.
—(1) The Court may, upon the application of a party or of its own motion, determine any question of law or construction of any document arising in any cause or matter where it appears to the Court that —
(a)
such question is suitable for determination without a full trial of the action; and
(b)
such determination will fully determine (subject only to any possible appeal) the entire cause or matter or any claim or issue therein.
(2) Upon such determination, the Court may dismiss the cause or matter or make such order or judgment as it thinks just.
(3) The Court shall not determine any question under this Order unless the parties have had an opportunity of being heard on the question.
(4) Nothing in this Order shall limit the powers of the Court under Order 18, Rule 19, or any other provision of these Rules.
13. An application under Rule 12 may be made by summons or (notwithstanding Order 32, Rule 1) may be made orally in the course of any interlocutory application to the Court.
ORDER 15
CAUSES OF ACTION:
COUNTERCLAIMS AND PARTIES
COUNTERCLAIMS AND PARTIES
1.
—(1) Subject to Rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action —
(a)
if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action;
(b)
if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or
(c)
with the leave of the Court.
(2) An application for leave under this Rule must be made by ex parte summons supported by affidavit before the issue of the writ or originating summons, as the case may be, and the affidavit must state the grounds of the application.
2.
—(1) Subject to Rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.
(2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.
(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court’s discretion with respect to costs.
3.
—(1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject-matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject-matter of the action, then, subject to Rule 5(2), he may join that other person as a party against whom the counterclaim is made.
(2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person’s name to the title of the action and serve on him a copy of the counterclaim; and a person on whom a copy of a counterclaim is served under this paragraph shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.
(3) A defendant who is required by paragraph (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which, by virtue of Order 18, Rule 2, he must serve on the plaintiff the defence to which the counterclaim is added.
(4) Where by virtue of paragraph (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these Rules, namely, Order 10 (except Rule 1(4)), Orders 11 to 13 and Order 70, Rule 3, shall, subject to paragraph (3), apply in relation to the counterclaim and the proceedings arising from it as if —
(a)
the counterclaim were a writ and the proceedings arising from it an action; and
(b)
the party making the counterclaim were a plaintiff and the party against whom it is made a defendant in that action.
(5) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form 12, addressed to that person —
(a)
stating the effect of Order 12, Rule 1, as applied by paragraph (4); and
(b)
stating that he may enter an appearance in Form 13 and explaining how he may do so.
4.
—(1) Subject to Rule 5(1), 2 or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where —
(a)
if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions; and
(b)
all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.
(2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any written law and unless the Court gives leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this paragraph, be made a defendant.
This paragraph shall not apply to a probate action.
(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other persons so liable are added as defendants.
This paragraph shall not apply to any relief claimed under section 15 of the Civil Law Act (Chapter 43).
5.
—(1) If claims in respect of 2 or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if 2 or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.
(2) If it appears on the application of any party against whom a counterclaim is made that the subject-matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.
6.
—(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.
(2) Subject to the provisions of this Rule, at any stage of the proceedings in any cause or matter, the Court may, on such terms as it thinks just and either of its own motion or on application —
(a)
order any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;
(b)
order any or the following persons to be added as a party, namely:
(i)
any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in the cause or matter may be effectually and completely determined and adjudicated upon; or
(ii)
any person between whom and any party to the cause or matter there may exist a question or issue arising out of or relating to or connected with any relief or remedy claimed in the cause or matter which in the opinion of the Court it would be just and convenient to determine as between him and that party as well as between the parties to the cause or matter.
(3) An application by any person for an order under paragraph (2) adding him as a party must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter or, as the case may be, the question or issue to be determined as between him and any party to the cause or matter.
(4) No person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.
6A.
—(1) Where any person against whom an action would have lain has died but the cause of action survives, the action may, if no grant of probate or administration has been made, be brought against the estate of the deceased.
(2) Without prejudice to the generality of paragraph (1), an action brought against “the personal representatives of A.B. deceased” shall be treated, for the purposes of that paragraph, as having been brought against his estate.
(3) An action purporting to have been commenced against a person shall be treated, if he was dead at its commencement, as having been commenced against his estate in accordance with paragraph (1), whether or not a grant of probate or administration was made before its commencement.
(4) In any such action as is referred to in paragraph (1) or (3) —
(a)
the plaintiff shall, during the period of validity for service of the writ or originating summons, apply to the Court for an order appointing a person to represent the deceased’s estate for the purpose of the proceedings or, if a grant of probate or administration has been made for an order that the personal representative of the deceased be made a party to the proceedings, and in either case for an order that the proceedings be carried on against the person appointed or, as the case may be, against the personal representative, as if he had been substituted for the estate;
(b)
the Court may, at any stage of the proceedings and on such terms as it thinks just and either of its own motion or on application, make any such order as is mentioned in sub-paragraph (a) and allow such amendments (if any) to be made and make such other order as the Court thinks necessary in order to ensure that all matters in dispute in the proceedings may be effectually and completely determined and adjudicated upon.
(5) Before making an order under paragraph (4) the Court may require notice to be given to any insurer of the deceased who has an interest in the proceedings and to such (if any) of the persons having an interest in the estate as it thinks fit.
(6) Where an order is made under paragraph (4) appointing the Public Trustee to represent the deceased’s estate, the appointment shall be limited to his accepting service of the writ or originating summons by which the action was begun unless, either on making such an order or on a subsequent application, the Court, with the consent of the Public Trustee, directs that the appointment shall extend to taking further steps in the proceedings.
(7) Where an order is made under paragraph (4), Rules 7(4) and 8(3) and (4) shall apply as if the order had been made under Rule 7 on the application of the plaintiff.
(8) Where no grant of probate or administration has been made, any judgment or order given or made in the proceedings shall bind the estate to the same extent as it would have been bound if a grant had been made and a personal representative of the deceased had been a party to the proceedings.
7.
—(1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.
(2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first-mentioned party. An application for an order under this paragraph may be made ex parte.
(3) An order may be made under this Rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity; but —
(a)
if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side; and
(b)
if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.
(4) The person on whose application an order is made under this Rule mustprocure the order to be noted in the cause book, and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun.
(5) Any application to the Court by a person served with an order made ex parte under this Rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.
8.
—(1) Where an order is made under Rule 6 the writ by which the action in question was begun must be amended accordingly and must be endorsed with —
(a)
a reference to the order in pursuance of which the amendment is made; and
(b)
the date on which the amendment is made,
and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.
(2) Where by an order under Rule 6 a person is to be made a defendant, the Rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the cause book.
(3) Where by an order under Rule 6 or 7 a person is to be made a defendant, the Rules as to entry of appearance shall apply accordingly to entry of appearance by him, subject, in the case of a person to be made a defendant by an order under Rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under Rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the cause book. The entry of appearance must be in Form 14.
(4) Where by an order under Rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until —
(a)
where the order is made under Rule 6, the writ has been amended in relation to him under this Rule and (if he is a defendant) has been served on him; or
(b)
where the order is made under Rule 7, the order has been served on him under Rule 7(4) or, if the order is not required to be served on him, the order has been noted in the cause book,
and where by virtue of the foregoing provision a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of appearance by the old party shall not dispense with entry of appearance by the new party in Form 14.
(5) Paragraphs (1) to (4) shall apply in relation to an action begun by originating summons as they apply in relation to an action begun by writ.
9.
—(1) If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under Rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this Rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested persons who, in the opinion of the Court, shall be notified.
(2) Where in any action a counterclaim is made by a defendant, this Rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.
10.
—(1) Without prejudice to Rule 6, the Court may at any stage of the proceedings in an action for possession of immovable property order any person not a party to the action who is in possession of the immovable property (whether in actual possession or by a tenant) to be added as a defendant.
(2) An application by any person for an order under this Rule may be made by ex parte summons, supported by an affidavit showing that he is in possession of the immovable property in question and if by a tenant, naming him.
(3) A person added as a defendant by an order under this Rule must serve a copy of the order on the plaintiff and must enter an appearance in the action within such period, if any, as may be specified in the order or, if no period is so specified, within 7 days after the making of the order, and the Rules as to entry of appearance shall apply accordingly to entry of appearance by him.
11. Before the name of any person is used in any action as a relator, that person must give a written authorisation so to use his name to his solicitor and the authorisation must be filed in the Registry.
12.
—(1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in Rule 13, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them.
(2) At any stage of the proceedings under this Rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued to represent all, or all except one or more, of those persons in the proceedings; and where, in exercise of the power conferred by this paragraph, the Court appoints a person not named as a defendant, it shall make an order under Rule 6 adding that person as a defendant.
(3) A judgment or order given in proceedings under this Rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
(4) An application for the grant of leave under paragraph (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order.
(5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, that person may dispute liability to have the judgment or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability.
(6) The Court hearing an application for the grant of leave under paragraph (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined.
13.
—(1) In any proceedings concerning —
(a)
the administration of the estate of a deceased person;
(b)
property subject to a trust; or
(c)
the construction of a written instrument, including a statute,
the Court, if satisfied that it is expedient to do so, and that one or more of the conditions specified in paragraph (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings.
(2) The conditions for the exercise of the power conferred by paragraph (1) are as follows:
(a)
that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;
(b)
that the person, the class or some member of the class, though ascertained, cannot be found;
(c)
that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.
(3) Where in any proceedings to which paragraph (1) applies, the Court exercises the power conferred by that paragraph, a judgment or order of the Court given or made when the person or persons appointed in exercise of that power are before the Court shall be binding on the person or the class represented by the person or persons so appointed.
(4) Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but —
(a)
there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise; or
(b)
the absent persons are represented by a person appointed under paragraph (1) who so assents,
the Court, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non-disclosure of material facts.
13A.
—(1) At any stage in an action to which this Rule applies, the Court may, on the application of any party or of its own motion, direct that notice of the action be served on any person who is not a party thereto but who will or may be affected by any judgment given therein.
(2) An application under this Rule may be made by ex parte summons supported by an affidavit stating the grounds of the application.
(3) Every notice of an action under this Rule shall be in Form 15, and the copy to be served shall be a sealed copy accompanied by a copy of the originating summons or writ and of all other pleadings served in the action.
(4) A person may, within 8 days of service on him of a notice under this Rule, enter an appearance and shall thereupon become a party to the action, but in default of such appearance and subject to paragraph (5) he shall be bound by any judgment given in the action as if he were a party thereto.
(5) If at any time after service of such notice on any person the writ or originating summons is amended so as substantially to alter the relief claimed, the Court may direct that the judgment shall not bind such person unless a summons is issued and served upon him under this Rule.
(6) This Rule applies to any action relating to —
(a)
the estate of a deceased person; or
(b)
property subject to a trust.
(7) Order 6, Rule 3(2), shall apply in relation to a notice of an action under this Rule as if the notice were a writ and the person by whom the notice is issued were the plaintiff.
14.
—(1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interests of those persons in the first-mentioned proceedings.
(2) Paragraph (1) is without prejudice to the power of the Court to order any person having such an interest to be made a party to the proceedings or to make an order under Rule 13.
15.
—(1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this Rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.
16. No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.
ORDER 16
THIRD PARTY AND
SIMILAR PROCEEDINGS
SIMILAR PROCEEDINGS
1.
—(1) Where in any action a defendantwho has entered an appearance —
(a)
claims against a person not already a party to the action any contribution or indemnity;
(b)
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 plaintiff; or
(c)
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 plaintiff and the defendant but also as between either or both of them and a person not already a party to the action,
then, subject to paragraph (2), the defendant may issue a notice in Form 16 or 17, whichever is appropriate (referred to in this Order as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined.
(2) A defendant to an action may not issue a third party notice without the leave of the Court unless the action was begun by writ and he issues the notice before serving his defence on the plaintiff.
(3) Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action (referred to in this Order as a third party) with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued.
2.
—(1) Application for leave to issue a third party notice may be made by ex parte summons in Form 18 but the Court may direct the summons to be served.
(2) An application for leave to issue a third party notice must be supported by an affidavit stating —
(a)
the nature of the claim made by the plaintiff in the action;
(b)
the stage which proceedings in the action have reached;
(c)
the 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
(d)
the name and address of the person against whom the third party notice is to be issued.
3.
—(1) The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be issued.
(2) There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action.
(3) Subject to paragraphs (1) and (2), the following provisions of these Rules, namely, Order 6, Rule 3(2), Order 10 (except Rule 1(4)), Order 11 and Order 12, shall apply in relation to a third party notice and to the proceedings begun thereby as if —
(a)
the third party notice were a writ and the proceedings begun thereby an action; and
(b)
the defendant issuing the third party notice were a plaintiff and the person against whom it is issued a defendant in that action.
4.
—(1) If the third party enters an appearance in Form 19, the defendant who issued third party notice must, by summons in Form 20 to be served on all the other parties to the action, apply to the Court for directions.
(2) If no summons is served on the third party under paragraph (1), the third party may, not earlier than 7 days after entering an appearance, by summons in Form 20 to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the third party notice.
(3) On an application for directions under this Rule the Court may —
(a)
if the liability of the third party to the defendant who issued the third party notice is established on the hearing, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant;
(b)
order any claim, question or issue stated in the third party notice to be tried in such manner as the Court may direct; or
(c)
dismiss the application and terminate the proceedings on the third party notice; and may do so either before or after any judgment in the action has been signed by the plaintiff against the defendant.
(4) On an application for directions under this Rule the Court may give the third party leave to defend the action, either alone or jointly with any defendant, upon such terms as may be just, or to appear at the trial and to take such part therein as may be just, and generally may make such orders and give such directions as appear to the Court proper for having the rights and liabilities of the parties most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.
(5) Any order made or direction given under this Rule must be in Form 21 and may be varied or rescinded by the Court at any time.
5.
—(1) If a third party does not enter an appearance or, having been ordered to serve a defence, fails to do so —
(a)
he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (including judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and
(b)
the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court, before satisfaction thereof, enter judgment against the third party in respect of any contribution or indemnity claimed in the notice, and, with the leave of the Court, in respect of any other relief or remedy claimed therein.
(2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of that defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.
(3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or paragraph (2) on such terms (if any) as it thinks just.
6. Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.
7.
—(1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action, or, if the action is decided otherwise than by trial, on an application by summons, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.
(2) Where in an action judgment is given against a defendant and judgment is given for the defendant against a third party, execution shall not issue against the third party without the leave of the Court until the judgment against the defendant has been satisfied.
8.
—(1) Where in any action a defendant who has entered an appearance —
(a)
claims against a person who is already a party to the action any contribution or indemnity;
(b)
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 plaintiff; or
(c)
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 plaintiff and himself but also as between either or both of them and some other person who is already a party to the action,
then, subject to paragraph (2), the defendant may, without leave, issue and serve on that person a notice containing a statement of the nature and grounds of his claim or, as the case may be, of the question or issue required to be determined.
(2) Where a defendant makes such a claim as is mentioned in paragraph (1) and that claim could be made by him by counterclaim in the action, paragraph (1) shall not apply in relation to the claim.
(3) No appearance to such a notice shall be necessary if the person on whom it is served has entered an appearance in the action or is a plaintiff therein , and the same procedure shall be adopted for the determination between the defendant by whom, and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice were a third party and (where he has entered an appearance in the action or is a plaintiff) had entered an appearance to the notice.
(4) Rule 4(2) shall have effect in relation to proceedings on a notice issued under this Rule as if for the words “7 days after entering an appearance” there were substituted the words “14 days after service of the notice on him”.
9.
—(1) Where a defendant has served a third party notice and the third party makes such a claim or requirement as is mentioned in Rule 1 or Rule 8, this Order shall apply, with the modification mentioned in paragraph (2) and any other necessary modifications, as if the third party were a defendant; and similarly where any further person to whom, by virtue of this Rule, this Order applies as if he were a third party makes such a claim or requirement.
(2) The modification referred to in paragraph (1) is that paragraph (3) shall have effect in relation to the issue of a notice under Rule 1 by a third party in substitution for Rule 1(2).
(3) A third party may not issue a notice under Rule 1 without the leave of the Court unless the action in question was begun by writ and he issues the notice before the expiration of 14 days after the time limited for appearing to the notice issued against him.
Offer of contribution (O. 16, r. 10)
10. [Deleted by S 278/93 and S 279/93]
11. Where in any action a counterclaim is made by a defendant, Rules 1 to 9 shall apply in relation to the counterclaim as if the subject-matter of the counterclaim were the original subject-matter of the action, and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
ORDER 17
INTERPLEADER
1. Where —
(a)
the person seeking relief is under liability for any debt, money or goods or chattels, for or in respect of which he has been or expects to be, sued by 2 or more parties making adverse claims thereon; or
(b)
the Sheriff or other officer of the Court is charged with the execution of process of the Court, and claim is made to any money or goods or chattels taken or intended to be taken in execution under any process, or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process is issued, and to order the sale of any property subject to interpleader proceedings,
the person under liability or (subject to Rule 2) the Sheriff, may apply to the Court for relief by way of interpleader.
2.
—(1) Any person making a claim to or in respect of any money, goods or other movable property taken or intended to be taken in execution under process of the Court, or to the proceeds or value of any such goods or property, must give notice of his claim in Form 22 to the Sheriff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service.
(2) On receipt of a claim made under this Rule the Sheriff must forthwith give notice thereof in Form 23 to the execution creditor and the execution creditor must, within 4 days after receiving the notice, give notice in Form 24 to the Sheriff informing him whether he admits or disputes the claim. An execution creditor who gives notice in accordance with this paragraph admitting a claim shall only be liable to the Sheriff for any fees and expenses incurred by the Sheriff before receipt of that notice.
(3) Where —
(a)
the Sheriff receives a notice from an execution creditor under paragraph (2) disputing a claim, or the execution creditor fails, within the period mentioned in that paragraph, to give the required notice; and
(b)
the claim under this Rule is not withdrawn,
the Sheriff may apply to the Court for relief under this Order.
(4) The Sheriff who receives a notice from an execution creditor under paragraph (2) admitting a claim under this Rule shall withdraw from possession of the money, goods or other movable property claimed.
3.
—(1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action in Form 25 or 26 whichever is appropriate.
(2) [Deleted by S 806/2005]
(3) Subject to paragraph (4), an originating summons or a summons under this Rule must be supported by evidence that the applicant —
(a)
claims no interest in the subject-matter in dispute other than for charges or costs;
(b)
does not collude with any of the claimants to that subject-matter; and
(c)
is willing to pay or transfer that subject-matter into Court or to dispose of it as the Court may direct.
(4) Where the applicant is the Sheriff, he shall not provide such evidence as is referred to in paragraph (3) unless directed by the Court to do so.
4.
—(1) Unless the Court otherwise orders, the originating summons or an interpleader summons ordered under Rule 3 must be served at least 7 days before the return day.
(1A) The originating summons referred to in paragraph (1) must be served personally.
(1B) The interpleader summons referred to in paragraph (1) need not be served personally unless ordered by the Court.
(2) An interpleader summons must be in one of the forms in Form 27.
5.
—(1) Where on the hearing of an originating summons or a summons under this Order all the persons by whom adverse claims to the subject-matter in dispute (referred to in this Order as the claimants) appear, the Court may order —
(a)
that any claimant be made a defendant in any action pending with respect to the subject-matter in dispute in substitution for or in addition to the applicant for relief under this Order; or
(b)
that an issue between the claimants be stated and tried and may direct which of the claimants is to be plaintiff and which defendant.
(2) Where —
(a)
the applicant in an originating summons or a summons under this Order is the Sheriff;
(b)
all the claimants consent or any of them so requests; or
(c)
the question at issue between the claimants is a question of law and the facts are not in dispute,
the Court may summarily determine the question at issue between the claimants and make an order accordingly on such terms as may be just.
(3) Where a claimant, having been duly served with an originating summons or a summons for relief under this Order, does not appear on the hearing or, having appeared, fails or refuses to comply with an order made in the proceedings, the Court may make an order declaring the claimant, and all persons claiming under him, forever barred from prosecuting his claim against the applicant for such relief and all persons claiming under him, but such an order shall not affect the rights of the claimants as between themselves.
6. Where an application for relief under this Order is made by the Sheriff who has taken possession of any goods or other movable property in execution under any process, and a claimant alleges that he is entitled, under a bill of sale or otherwise, to the goods or property by way of security for debt, the Court may order those goods or property or any part thereof to be sold and may direct that the proceeds of sale be applied in such manner and on such terms as may be just and as may be specified in the order.
7. Where a defendant to an action applies for relief under this Order in the action, the Court may by order stay all further proceedings in the action.
8. Subject to Rules 1 to 7, the Court may in or for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.
9. Where the Court considers it necessary or expedient to make an order in any interpleader proceedings in several causes or matters pending before different Judges, the Court may make such an order; and the order shall be entitled in all those causes or matters and shall be binding on all the parties to them.
10. Orders 24, 26 and 26A shall apply, with the necessary modifications, in relation to an interpleader issue as they apply in relation to any other cause or matter.
11.
—(1) Order 35 shall apply, with the necessary modifications, to the trial of an interpleader issue as it applies to the trial of an action.
(2) The Court by whom an interpleader issue is tried may give such judgment or make such order as finally to dispose of all questions arising in the interpleader proceedings.
(3) The judgment must be in one of the forms in Form 28.
ORDER 18
PLEADINGS
1. Unless the Court gives leave to the contrary or a statement of claim is endorsed on the writ, the plaintiff must serve a statement of claim on the defendant or, if there are 2 or more defendants, on each defendant, and must do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of 14 days after that defendant enters an appearance.
2.
—(1) A defendant who enters an appearance in, and intends to defend, an action must, unless the Court gives leave to the contrary, serve a defence on the plaintiff before the expiration of 14 days after the time limited for appearing or after the statement of claim is served on him, whichever is the later.
(2) [Deleted by S 565/2002]
3.
—(1) A plaintiff on whom a defendant serves a defence must serve a reply on that defendant if it is needed for compliance with Rule 8; and if no reply is served, Rule 14(1) will apply.
(2) A plaintiff on whom a defendant serves a counterclaim must, if he intends to defend it, serve on that defendant a defence to counterclaim.
(3) Where a plaintiff serves both a reply and a defence to counterclaim on any defendant, he must include them in the same document.
(4) A reply to any defence must be served by the plaintiff before the expiration of 14 days after the service on him of that defence, and a defence to counterclaim must be served by the plaintiff before the expiration of 14 days after the service on him of the counterclaim to which it relates.
4. No pleading subsequent to a reply or a defence to counterclaim shall be served except with the leave of the Court.
6.
—(1) Every pleading in an action must bear on its face —
(a)
the year in which the writ in the action was issued and the number of the action;
(b)
the title of the action; and
(c)
the description of the pleading.
(2) Every pleading must, if necessary, be divided into paragraphs numbered consecutively, each allegation being so far as convenient contained in a separate paragraph.
(3) Dates, sums and other numbers must be expressed in a pleading in figures and not in words.
(4) Every pleading of a party must be endorsed —
(a)
where the party sues or defends in person, with his name and address;
(b)
in any other case, with the name or firm and business address of the solicitor by whom it was served.
(5) Every pleading of a party must be signed by the party’s solicitor or by the party, if he sues or defends in person.
7.
—(1) Subject to this Rule and Rules 10, 11 and 12, every pleading must contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which those facts are to be proved, and the statement must be as brief as the nature of the case admits.
(2) Without prejudice to paragraph (1), the effect of any document or the purport of any conversation referred to in the pleading must, if material, be briefly stated, and the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material.
(3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading.
(4) A statement that a thing has been done or that an event has occurred, being a thing or event the doing or occurrence of which, as the case may be, constitutes a condition precedent necessary for the case of a party is to be implied in his pleading.
8.
—(1) A party must in any pleading subsequent to a statement of claim plead specifically any matter, for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality —
(a)
which he alleges makes any claim or defence of the opposite party not maintainable;
(b)
which, if not specifically pleaded, might take the opposite party by surprise; or
(c)
which raises issues of fact not arising out of the preceding pleading.
(2) Without prejudice to paragraph (1), a defendant to an action for the recovery of immovable property must plead specifically every ground of defence on which he relies, and a plea that he is in possession of the immovable property by himself or his tenant is not sufficient.
9. Subject to Rules 7(1), 10 and 15(2), a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.
10.
—(1) A party shall not in any pleading make an allegation of fact, or raise any new ground or claim, inconsistent with a previous pleading of his.
(2) Paragraph (1) shall not be taken as prejudicing the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the allegations or claims in the alternative.
12.
—(1) Subject to paragraph (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing words —
(a)
particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and
(b)
where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies.
(1A) Subject to paragraph (1B), a plaintiff in an action for personal injuries shall serve with his statement of claim —
(a)
a medical report; and
(b)
a statement of the special damages claimed.
(1B) Where the documents to which paragraph (1A) applies are not served with the statement of claim, the Court may —
(a)
specify the period of the time within which they are to be provided; or
(b)
make such other order as it thinks fit (including an order dispensing with the requirements of paragraph (1A) or staying the proceedings).
(1C) For the purposes of this Rule —
“medical report” means a report substantiating all the personal injuries alleged in the statement of claim which the plaintiff proposes to adduce in evidence as part of his case at the trial;
“a statement of the special damages claimed” means a statement giving full particulars of the special damages claimed for expenses and losses already incurred and an estimate of any future expenses and losses (including loss of earnings, loss of Central Provident Fund contributions and loss of pension rights).
(2) Where it is necessary to give particulars of debt, expenses or damages and those particulars exceed 3 folios, they must be set out in a separate document referred to in the pleading and the pleading must state whether the document has already been served and, if so, when, or is to be served with the pleading.
(3) The Court may order a party to serve on any other party particulars of any claim, defence or other matter stated in his pleading, or in any affidavit of his ordered to stand as a pleading, or a statement of the nature of the case on which he relies, and the order may be made on such terms as the Court thinks just.
(4) Where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, then, without prejudice to the generality of paragraph (3), the Court may, on such terms as it thinks just, order that party to serve on any other party —
(a)
where he alleges knowledge, particulars of the facts on which he relies; and
(b)
where he alleges notice, particulars of the notice.
(5) An order under this Rule shall not be made before service of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the defendant to plead or for some other special reason.
(6) Where the applicant for an order under this Rule did not apply by letter for the particulars he requires, the Court may refuse to make the order unless of opinion that there were sufficient reasons for an application by letter not having been made.
(7) The particulars requested or ordered and supplied must be served in accordance with Form 29.
13.
—(1) Subject to paragraph (4), any allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under Rule 14 operates as a denial of it.
(2) A traverse may be made either by a denial or by a statement of non-admission and either expressly or by necessary implication.
(3) Subject to paragraph (4), every allegation of fact made in a statement of claim or counterclaim which the party on whom it is served does not intend to admit must be specifically traversed by him in his defence or defence to counterclaim, as the case may be; and a general denial of such allegations, or a general statement of non-admission of them, is not a sufficient traverse of them.
(4) Any allegation that a party has suffered damage and any allegation as to the amount of damages is deemed to be traversed unless specifically admitted.
14.
—(1) If there is no reply to a defence, there is an implied joinder of issue on that defence.
(2) Subject to paragraph (3) —
(a)
there is at the close of pleadings an implied joinder of issue on the pleading last served; and
(b)
a party may in his pleading expressly join issue on the next preceding pleading.
(3) There can be no joinder of issue, implied or express, on a statement of claim or counterclaim.
(4) A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is an implied or express joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operates as a denial of every other such allegation.
15.
—(1) A statement of claim must state specifically the relief or remedy which the plaintiff claims; but costs need not be specifically claimed.
(2) A statement of claim must not contain any allegation or claim in respect of a cause of action unless that cause of action is mentioned in the writ or arises from facts which are the same as, or include or form part of, facts giving rise to a cause of action so mentioned; but, subject to that, a plaintiff may in his statement of claim alter, modify or extend any claim made by him in the endorsement of the writ without amending the endorsement.
16. Where in any action a defence of tender before action is pleaded, the defendant must pay into Court in accordance with Order 22 the amount alleged to have been tendered, and the tender shall not be available as a defence unless payment into Court has been made.
17. Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and set-off against the plaintiff’s claim, whether or not it is also added as a counterclaim.
18. Without prejudice to the general application of this Order to a counterclaim and a defence to counterclaim or to any provision thereof which applies to either of those pleadings specifically —
(a)
Rules 12(1A), (1B) and (1C) and 15(1) shall apply to a counterclaim as if the counterclaim were a statement of claim and the defendant making it a plaintiff;
(b)
Rules 8(2), 16 and 17 shall apply, with the necessary modifications, to a defence to counterclaim as they apply to a defence.
19.
—(1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the endorsement of any writ in the action, or anything in any pleading or in the endorsement, on the ground that —
(a)
it discloses no reasonable cause of action or defence, as the case may be;
(b)
it is scandalous, frivolous or vexatious;
(c)
it may prejudice, embarrass or delay the fair trial of the action; or
(d)
it is otherwise an abuse of the process of the Court,
and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be.
(2) No evidence shall be admissible on an application under paragraph (1)(a).
(3) This Rule shall, as far as applicable, apply to an originating summons as if it were a pleading.
20.
—(1) The pleadings in an action are deemed to be closed —
(a)
at the expiration of 14 days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim; or
(b)
if neither a reply nor a defence to counterclaim is served, at the expiration of 14 days after service of the defence.
(2) The pleadings in an action are deemed to be closed at the time provided by paragraph (1) notwithstanding that any request or order for particulars has been made but has not been complied with at that time.
22.
—(1) Where in an action to which this Rule applies any defendant has entered an appearance in the action, the plaintiff or that defendant may apply to the Court by summons for an order that the action shall be tried without pleadings or further pleadings, as the case may be.
(2) If, on the hearing of an application under this Rule, the Court is satisfied that the issues in dispute between the parties can be defined without pleadings or further pleadings, or that for any other reason the action can properly be tried without pleadings or further pleadings, as the case may be, the Court shall order the action to be so tried, and may direct the parties to prepare a statement of the issues in dispute or, if the parties are unable to agree to such a statement, may settle the statement itself.
(3) Where the Court makes an order under paragraph (2) or where it dismisses an application for such an order, it may give such directions as to the further conduct of the action as may be appropriate, and Order 25, Rules 2 to 7 shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application under this Rule were a summons for directions.
(4) [Deleted by S 281/91]
23. Nothing in Order 70, Rules 36 to 39, shall be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Act (Chapter 179) which limits the amount of the liability in connection with a ship or other property.
ORDER 19
DEFAULT OF PLEADINGS
1. Where the plaintiff is required by these Rules to serve a statement of claim on a defendant and he fails to serve it on him, the defendant may, after the expiration of the period fixed under these Rules for service of the statement of claim, apply to the Court for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.
2.
—(1) Where the plaintiff’s claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2) Order 13, Rule 1(2), shall apply for the purposes of this Rule as it applies for the purposes of that Rule.
3. Where the plaintiff’s claim against a defendant is for unliquidated damages only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.
4. Where the plaintiff’s claim against a defendant relates to the detention of movable property only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, enter either —
(a)
interlocutory judgment against that defendant for the delivery of the property or their value to be assessed and costs; or
(b)
interlocutory judgment for the value of the property to be assessed and costs,
and proceed with the action against the other defendants, if any.
5.
—(1) Where the plaintiff’s claim against a defendant is for possession of immovable property only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, and on producing a certificate by his solicitor, or (if he sues in person) an affidavit, stating that he is not claiming any relief in the action of the nature specified in Order 83, Rule 1, enter judgment for possession of the immovable property as against that defendant and for costs, and proceed with the action against the other defendants, if any.
(2) Where there is more than one defendant, judgment entered under this Rule shall not be enforced against any defendant unless judgment for possession of the immovable property has been entered against all the defendants.
6. Where the plaintiff makes against a defendant 2 or more of the claims mentioned in Rules 2 to 5, and no other claim, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, enter against that defendant such judgment in respect of any such claim as he would be entitled to enter under those Rules if that were the only claim made, and proceed with the action against the other defendants, if any.
7.
—(1) Where the plaintiff makes against a defendant or defendants a claim of a description not mentioned in Rules 2 to 5, then, if the defendant or all the defendants (where there is more than one) fails or fail to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed under these Rules for service of the defence, apply to the Court for judgment, and on the hearing of the application the Court shall give such judgment as the plaintiff appears entitled to on his statement of claim.
(2) Where the plaintiff makes such a claim as is mentioned in paragraph (1) against more than one defendant, then, if one of the defendants makes default as mentioned in that paragraph, the plaintiff may —
(a)
if his claim against the defendant in default is severable from his claim against the other defendants, apply under that paragraph for judgment against that defendant, and proceed with the action against the other defendants; or
(b)
set down the action by summons for judgment against the defendant in default at the time when the action is set down for trial, or is set down by summons for judgment, against the other defendants.
(3) An application under paragraph (1) must be by summons.
8. A defendant who counterclaims against a plaintiff shall be treated for the purposes of Rules 2 to 7 as if he were a plaintiff who had made against a defendant the claim made in the counterclaim and, accordingly, where the plaintiff or any other party against whom the counterclaim is made fails to serve a defence to counterclaim, those Rules shall apply as if the counterclaim were a statement of claim, the defence to counterclaim a defence and the parties making the counterclaim and against whom it is made were plaintiffs and defendants respectively, and as if references to the period fixed under these Rules for service of the defence were references to the period so fixed for service of the defence to counterclaim.
ORDER 20
AMENDMENT
1.
—(1) Subject to paragraph (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed.
(2) Where a writ is amended under this Rule after service thereof, then, unless the Court otherwise directs on an application made ex parte, the amended writ must be served on each defendant to the action.
(3) This Rule shall not apply in relation to an amendment which consists of —
(a)
the addition, omission or substitution of a party to the action or an alteration of the capacity in which a party to the action sues or is sued;
(b)
the addition or substitution of a new cause of action; or
(c)
(without prejudice to Rule 3(1)) an amendment of the statement of claim (if any) endorsed on the writ,
unless the amendment is made before service of the writ on any party to the action.
2. A defendant may not amend his memorandum of appearance without the leave of the Court.
3.
—(1) A party may, without the leave of the Court, amend any pleading of his once at any time before the pleadings are deemed to be closed and, where he does so, he must serve the amended pleading on the opposite party.
(2) Where an amended statement of claim is served on a defendant —
(a)
the defendant, if he has already served a defence on the plaintiff, may amend his defence;
(b)
the period for service of his defence or amended defence, as the case may be, shall be either the period fixed under these Rules for service of his defence or a period of 14 days after the amended statement of claim is served on him, whichever expires later.
(3) Where an amended defence is served on the plaintiff by a defendant —
(a)
the plaintiff, if he has already served a reply on that defendant, may amend his reply; and
(b)
the period for service of his reply or amended reply, as the case may be, shall be 14 days after the amended defence is served on him.
(4) In paragraphs (2) and (3) references to a defence and a reply include references to a counterclaim and a defence to counterclaim respectively.
(5) Where an amended counterclaim is served by a defendant on a party (other than the plaintiff) against whom the counterclaim is made, paragraph (2) shall apply as if the counterclaim were a statement of claim and as if the party by whom the counterclaim is made were the plaintiff and the party against whom it is made a defendant.
(6) Where a party has pleaded to a pleading which is subsequently amended and served on him under paragraph (1), then, if that party does not amend his pleading under paragraphs (1) to (5), he shall be taken to rely on it in answer to the amended pleading, and Order 18, Rule 14 (2), shall have effect in such a case as if the amended pleading had been served at the time when that pleading, before its amendment under paragraph (1), was served.
4.
—(1) Within 14 days after the service on a party of a writ amended under Rule 1(1) or of a pleading amended under Rule 3(1), that party may apply to the Court to disallow the amendment.
(2) Where the Court hearing an application under this Rule is satisfied that if an application for leave to make the amendment in question had been made under Rule 5 at the date when the amendment was made under Rule 1(1) or Rule 3(1) leave to make the amendment or part of the amendment would have been refused, it shall order the amendment or that part to be struck out.
(3) Any order made on an application under this Rule may be made on such terms as to costs or otherwise as the Court thinks just.
5.
—(1) Subject to Order 15, Rules 6, 6A, 7 and 8, and this Rule, the Court may at any stage of the proceedings allow the plaintiff to amend his writ, or any party to amend his pleading, on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.
(2) Where an application to the Court for leave to make the amendment mentioned in paragraph (3), (4) or (5) is made after any relevant period of limitation current at the date of issue of the writ has expired, the Court may nevertheless grant such leave in the circumstances mentioned in that paragraph if it thinks it just to do so.
(3) An amendment to correct the name of a party may be allowed under paragraph (2) notwithstanding that it is alleged that the effect of the amendment will be to substitute a new party if the Court is satisfied that the mistake sought to be corrected was a genuine mistake and was not misleading or such as to cause any reasonable doubt as to the identity of the person intending to sue or, as the case may be, intended to be sued.
(4) An amendment to alter the capacity in which a party sues (whether as plaintiff or as defendant by counterclaim) may be allowed under paragraph (2) if the capacity in which, if the amendment is made, the party will sue is one in which at the date of issue of the writ or the making of the counterclaim, as the case may be, he might have sued.
(5) An amendment may be allowed under paragraph (2) notwithstanding that the effect of the amendment will be to add or substitute a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to make the amendment.
7. Rule 5 shall have effect in relation to an originating summons as it has effect in relation to a writ.
8.
—(1) For the purpose of determining the real question in controversy between the parties to any proceedings, or of correcting any defect or error in any proceedings, the Court may at any stage of the proceedings and either of its own motion or on the application of any party to the proceedings order any document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.
(2) This Rule shall not have effect in relation to a judgment or order.
9. Where the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not amend the document in accordance with the order before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the Court to extend the period.
10.
—(1) Where the amendments authorised under any Rule of this Order to be made in a writ, pleading or other document are so numerous or of such a nature or length that to make written alterations of the document so as to give effect to them would make it difficult or inconvenient to read, a fresh document, amended as so authorised, must be prepared and, in the case of a writ or originating summons, reissued, but, except as aforesaid and subject to any direction given under Rule 5 or 8, the amendments so authorised may be effected by making in writing the necessary alterations of the document and, in the case of a writ or originating summons, causing it to be re-sealed and filing a copy thereof.
(2) A writ, pleading or other document which has been amended under this Order must be endorsed with a statement that it has been amended, specifying the date on which it was amended and by whom the order (if any) authorising the amendment was made and the date thereof, or, if no such order was made, the number of the Rule of this Order in pursuance of which the amendment was made.
11. Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court by summons without an appeal.
12.
—(1) Notwithstanding the foregoing provisions of this Order any pleading in any cause or matter may, by written agreement between the parties, be amended at any stage of the proceedings.
(2) This Rule shall not have effect in relation to an amendment to a counterclaim which consists of the addition, omission or substitution of a party.
ORDER 21
WITHDRAWAL AND DISCONTINUANCE
1. A party who has entered an appearance in an action may withdraw the appearance at any time with the leave of the Court.
2.
—(1) The plaintiff in an action begun by writ may, without the leave of the Court, discontinue the action, or withdraw any particular claim made by him therein, as against all or any of the defendants at any time not later than 14 days after service of the defence on him or, if there are 2 or more defendants, of the defence last served, by serving a notice in Form 30 to that effect on the defendant concerned.
(2) A defendant may, without the leave of the Court —
(a)
withdraw his defence or any part of it at any time;
(b)
discontinue a counterclaim, or withdraw any particular claim made by him therein, as against all or any of the parties against whom it is made, at any time not later than 14 days after service on him of a defence to counterclaim or, if the counterclaim is made against 2 or more parties, of the defence to counterclaim last served,
by serving a notice in Form 30 to that effect on the plaintiff or other party concerned.
(3) Where there are 2 or more defendants to an action not all of whom serve a defence on the plaintiff, and the period fixed under these Rules for service by any of those defendants of his defence expires after the latest date on which any other defendant serves his defence, paragraph (1) shall have effect as if the reference therein to the service of the defence last served were a reference to the expiration of that period.
This paragraph shall apply in relation to a counterclaim as it applies in relation to an action with the substitution for references to a defence, to the plaintiff and to paragraph (1), of references to a defence to counterclaim, to the defendant and to paragraph (2) respectively.
(4) If all the parties to an action consent, the action may be withdrawn without the leave of the Court at any time before trial by producing to the Registrar a written consent to the action being withdrawn signed by all the parties.
(5) An action begun by writ is deemed to have been discontinued against a defendant if the memorandum of service referred to in Order 10, Rule 1(4), is not filed in respect of the service of the writ on that defendant within 12 months after the validity of the writ for the purpose of service has expired, and, within that time —
(a)
a memorandum of appearance has not been filed in the action by that defendant; and
(b)
judgment has not been obtained in the action against that defendant in respect of the whole or any part of the relief claimed against that defendant in the action.
(6) Subject to paragraph (6A), if no party to an action or a cause or matter has, for more than one year (or such extended period as the Court may allow under paragraph (6B)), taken any step or proceeding in the action, cause or matter that appears from records maintained by the Court, the action, cause or matter is deemed to have been discontinued.
(6A) Paragraph (6) shall not apply where the action, cause or matter has been stayed pursuant to an order of court.
(6B) The Court may, on an application by any party made before the one year referred to in paragraph (6) has elapsed, extend the time to such extent as it may think fit.
(7) Paragraph (6) shall apply to an action, a cause or a matter, whether it commenced before, on or after 15th December 1999, but where the last proceeding in the action, cause or matter took place before 1st January 2000, the period of one year shall only begin on 1st January 2000.
(8) Where an action, a cause or a matter has been discontinued under paragraph (5) or (6), the Court may, on application, reinstate the action, cause or matter, and allow it to proceed on such terms as it thinks just.
3.
—(1) Except as provided by Rule 2, a party may not discontinue an action (whether begun by writ or otherwise) or counterclaim, or withdraw any particular claim made by him therein, without the leave of the Court, and the Court hearing an application for the grant of such leave may order the action or counterclaim to be discontinued, or any particular claim made therein to be struck out, as against all or any of the parties against whom it is brought or made on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
(2) An application for the grant of leave under this Rule may be made by summons.
4. Subject to any terms imposed by the Court in granting leave under Rule 3, the fact that a party has discontinued or is deemed to have discontinued an action or counterclaim or withdrawn a particular claim made by him therein shall not be a defence to a subsequent action for the same, or substantially the same, cause of action.
5.
—(1) Where a party has discontinued or is deemed to have discontinued an action or counterclaim or withdrawn any particular claim made by him therein and he is liable to pay any other party’s costs of the action or counterclaim or the costs occasioned to any other party by the claim withdrawn, then, if before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the Court may order the proceedings in that action to be stayed until those costs are paid.
(2) An application for an order under this Rule may be made by summons or by notice under Order 25, Rule 7.
ORDER 22
PAYMENT INTO AND OUT OF COURT
1.
—(1) In any action for a debt or damages any defendant may at any time after he has entered an appearance in the action pay into Court a sum of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where 2 or more causes of action are joined in the action, a sum or sums of money in satisfaction of all or any of those causes of action.
(2) On making any payment into Court under this Rule, and on increasing any such payment already made, the defendant must give notice thereof in Form 31 to the plaintiff and every other defendant (if any); and within 3 days after receiving the notice the plaintiff must send the defendant a written acknowledgment of its receipt.
(3) A defendant may, without leave, give notice of an increase in a payment made under this Rule but, subject to that and without prejudice to paragraph (5), a notice of payment may not be withdrawn or amended without the leave of the Court which may be granted on such terms as may be just.
(4) Where 2 or more causes of action are joined in the action and money is paid into Court under this Rule in respect of all, or some only of, those causes of action, the notice of payment —
(a)
must state that the money is paid in respect of all those causes of action or, as the case may be, must specify the cause or causes of action in respect of which the payment is made; and
(b)
where the defendant makes separate payments in respect of each, or any 2 or more, of those causes of action, must specify the sum paid in respect of that cause or, as the case may be, those causes of action.
(5) Where a single sum of money is paid into Court under this Rule in respect of 2 or more causes of action, then, if it appears to the Court that the plaintiff is embarrassed by the payment, the Court may, subject to paragraph (6), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action.
(6) Where a cause of action under section 10 of the Civil Law Act (Chapter 43) and a cause of action under section 20 of that Act are joined in an action, with or without any other cause of action, the causes of action under those sections shall, for the purpose of paragraph (5), be treated as one cause of action.
(7) For the purposes of this Rule, the plaintiff’s cause of action in respect of a debt or damages shall be construed as a cause of action in respect, also, of such interest as might be included in the judgment, if judgment were given at the date of the payment into Court.
2. Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum of money into Court under Rule 1, the notice of payment must state, if it be the case, that in making the payment the defendant has taken into account and intends to satisfy —
(a)
the cause of action in respect of which he claims; or
(b)
where 2 or more causes of action are joined in the counterclaim, all those causes of action or, if not all, which of them.
3.
—(1) Where money is paid into Court under Rule 1, then subject to paragraph (2), within 14 days after receipt of the notice of payment or, where more than one payment has been made or the notice has been amended, within 14 days after receipt of the notice of the last payment or the amended notice but, in any case, before the trial or hearing of the action begins, the plaintiff may —
(a)
where the money was paid in respect of the cause of action or all the causes of action in respect of which he claims, accept the money in satisfaction of that cause of action or those causes of action, as the case may be; or
(b)
where the money was paid in respect of some only of the causes of action in respect of which he claims, accept in satisfaction of any such cause or causes of action the sum specified in respect of that cause or those causes of action in the notice of payment,
by giving notice in Form 32 to every defendant to the action.
(2) Where after the trial or hearing of an action has begun —
(a)
money is paid into Court under Rule 1; or
(b)
money in Court is increased by a further payment into Court under that Rule,
the plaintiff may accept the money in accordance with paragraph (1) within 2 days after receipt of the notice of payment or notice of the further payment, as the case may be, but, in any case, before the Judge begins to deliver judgment.
(3) Rule 1(5) shall not apply in relation to money paid into Court in an action after the trial or hearing of the action has begun.
(4) On the plaintiff accepting any money paid into Court all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates, both against the defendant making the payment and against any other defendant sued jointly with or in the alternative to him shall be stayed.
(5) Where money is paid into Court by a defendant who made a counterclaim and the notice of payment stated, in relation to any sum so paid, that in making the payment the defendant had taken into account and satisfied the cause or causes of action, or the specified cause or causes of action in respect of which he claimed, then, on the plaintiff accepting that sum, all further proceedings on the counterclaim or in respect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.
(6) A plaintiff who has accepted any sum paid into Court shall, subject to Rules 4 and 10 and Order 76, Rule 12, be entitled to receive payment of that sum in satisfaction of the cause or causes of action to which the acceptance relates.
4.
—(1) Where a plaintiff accepts any sum paid into Court and that sum was paid into Court —
(a)
by some but not all of the defendants sued jointly or in the alternative by him;
(b)
with a defence of tender before action; or
(c)
in satisfaction either of causes of action arising under sections 10 and 20 of the Civil Law Act (Chapter 43) or of a cause of action arising under the said section 20 where more than one person is entitled to the money,
the money in Court shall not be paid out except under paragraph (2) or in pursuance of an order of the Court, and the order shall deal with the whole costs of the action or of the cause of action to which the payment relates, as the case may be.
(2) Where an order of the Court is required under paragraph (1) by reason only of paragraph (1)(a), then, if, either before or after accepting the money paid into Court by some only of the defendants sued jointly or in the alternative by him, the plaintiff discontinues the action against all other defendants and those defendants consent in writing to the payment out of that sum, it may be paid out without an order of the Court.
(3) Where after the trial or hearing of an action has begun a plaintiff accepts any money paid into Court and all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates are stayed by virtue of Rule 3(4) then, notwithstanding anything in paragraph (2), the money shall not be paid out except in pursuance of an order of the Court, and the order shall deal with the whole costs of the action.
5. If any money paid into Court in an action is not accepted in accordance with Rule 3, the money remaining in Court shall not be paid out except in pursuance of an order of the Court which may be made at any time before, at or after the trial or hearing of the action; and where such an order is made before the trial or hearing the money shall not be paid out except in satisfaction of the cause or causes of action in respect of which it was paid in.
6. A plaintiff against whom a counterclaim is made and any other defendant to the counterclaim may pay money into Court in accordance with Rule 1, and that Rule and Rules 3 (except paragraph (5)), 4 and 5 shall apply accordingly with the necessary modifications.
7. Except in an action to which a defence of tender before action is pleaded, and except in an action all further proceedings in which are stayed by virtue of Rule 3(4) after the trial or hearing has begun, the fact that money has been paid into Court under Rules 1 to 6 shall not be pleaded and no communication of that fact shall be made to the Court at the trial or hearing of the action or counterclaim or of any question or issue as to the debt or damages until all questions of liability and of the amount of debt or damages have been decided.
8.
—(1) Subject to paragraph (2), money paid into Court under an order of the Court or a certificate of the Registrar shall not be paid out except in pursuance of an order of the Court.
(2) Unless the Court otherwise orders, a party who has paid money into Court in pursuance of an order made under Order 14 —
(a)
may by notice to the other party appropriate the whole or any part of the money and any additional payment, if necessary, to any particular claim made in the writ or counterclaim, as the case may be, and specified in the notice; or
(b)
if he pleads a tender, may by his pleading appropriate the whole or any part of the money as payment into Court of the money alleged to have been tendered,
and money appropriated in accordance with this Rule shall be deemed to be money paid into Court in accordance with Rule 1 or money paid into Court with a plea of tender, as the case may be, and this Order shall apply accordingly.
9.
—(1) Where money has been paid into Court in any cause or matter pursuant to the Exchange Control Act (Chapter 99), or an order of the Court made thereunder, any party to the cause or matter may apply for payment out of Court of that money.
(2) An application for an order under this Rule must be made by summons which must be served on all parties interested.
(3) If any person in whose favour an order for payment under this Rule is sought is resident outside the scheduled territories or will receive payment by order or on behalf of a person so resident, that fact must be stated in the summons.
(4) If the permission of the Monetary Authority of Singapore authorising the proposed payment has been given unconditionally or on conditions which have been complied with, that fact must be stated in the summons and the permission must be attached to the summons.
10.
—(1) Where the party entitled to money in Court is a person in respect of whom a certificate is or has been in force entitling him to legal aid under the Legal Aid and Advice Act (Chapter 160), payment shall be made only to that party’s solicitor, or, if he is not represented by a solicitor, then, if the Court so orders, to the Director of Legal Aid, without the need for any authority from the party.
(2) Subject to paragraph (1), payment shall be made to the party entitled or, on his written authority, to his solicitor or, if the Court so orders, to his solicitor without such authority.
(3) This Rule applies whether the money in Court has been paid into Court under Rule 1 or under the order of the Court or a certificate of the Registrar.
11. Where a person entitled to a fund in Court, or a share of such fund, dies intestate and the Court is satisfied that no grant of administration of his estate has been made and that the assets of his estate do not exceed $50,000 in value, including the value of the fund or share it may order that the fund or share shall be paid, transferred or delivered to the person who, being a widower, widow, child, father, mother, brother or sister of the deceased, would have the prior right to a grant of administration of the estate of the deceased.
12.
—(1) This Rule applies in relation to an action or counterclaim for bodily injury arising out of the use of a motor vehicle on a road or any place to which the public has a right of access in which the claim for damages includes a sum for hospital expenses.
(2) Where the party against whom the claim is made, or an approved insurer within the meaning of section 4 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Chapter 189), pays the amount for which that party or insurer, as the case may be, is or may be liable under that Act in respect of the treatment afforded by a hospital to the person in respect of whom the claim is made, the party against whom the claim is made must, within 7 days after payment is made, give notice of the payment to all the other parties to the action.
ORDER 22A
OFFER TO SETTLE
1. A party to any proceedings may serve on any other party an offer to settle any one or more of the claims in the proceedings on the terms specified in the offer to settle. The offer to settle shall be in Form 33.
2. An offer to settle may be made at any time before the Court disposes of the matter in respect of which it is made.
3.
—(1) An offer to settle shall be open for acceptance for a period of not less than 14 days after it is served. If an offer to settle is made less than 14 days before the hearing of the matter, it shall remain open for a period of not less than 14 days unless in the meanwhile the matter is disposed of.
(2) Subject to paragraph (1), an offer to settle which is expressed to be limited as to the time within which it is open for acceptance shall not be withdrawn within that time without the leave of the Court. An offer to settle which does not specify a time for acceptance may be withdrawn at any time after the expiry of 14 days from the date of service of the offer on the other party provided that at least one day’s prior notice of the intention to withdraw the offer is given.
(3) The notice of withdrawal of the offer shall be in Form 34.
(4) Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, it shall be deemed to have been withdrawn when the time expires.
(5) Where an offer to settle does not specify a time for acceptance, it may be accepted at any time before the Court disposes of the matter in respect of which it is made.
4. An offer to settle shall be deemed to be an offer of compromise made without prejudice save as to costs.
5.
—(1) An offer to settle shall not be filed and no statement of the fact that such an offer has been made shall be contained in any pleading or affidavit.
(2) Where an offer to settle is not accepted, no communication respecting the offer shall be made to the Court at the hearing of the proceeding until all questions of liability and the relief to be granted, other than costs, have been determined.
6.
—(1) An offer to settle shall be accepted by serving an acceptance of offer in Form 35 on the party who made the offer.
(2) Where a party to whom an offer to settle is made rejects the offer or responds with a counter-offer that is not accepted, the party may thereafter accept the original offer to settle, unless it has been withdrawn or the Court has disposed of the matter in respect of which it was made.
(3) Where an offer is accepted, the Court may incorporate any of its terms into a judgment.
7. A party under disability may make, withdraw and accept an offer to settle, but no acceptance of an offer made by him and no acceptance by him of an offer made by another party is binding on him until the settlement has been approved as provided in Order 76, Rule 10.
8.
—(1) Where a party to an accepted offer to settle fails to comply with any of the terms of the accepted offer, the other party may —
(a)
make an application to a judge for judgment in the terms of the accepted offer, and the judge may grant judgment accordingly; or
(b)
continue the proceeding as if there had been no accepted offer to settle.
(2) Where the offer to settle involves the payment of money by instalments, the accepted offer to settle shall unless the parties otherwise provide be deemed to include a term that all instalments outstanding shall be immediately payable upon the failure to comply with the payment of any instalment.
9.
—(1) Where an offer to settle made by a plaintiff —
(a)
is not withdrawn and has not expired before the disposal of the claim in respect of which the offer to settle is made; and
(b)
is not accepted by the defendant, and the plaintiff obtains a judgment not less favourable than the terms of the offer to settle,
the plaintiff is entitled to costs on the standard basis to the date an offer to settle was served and costs on the indemnity basis from that date, unless the Court orders otherwise.
(2) Where an accepted offer to settle does not provide for costs —
(a)
where the offer was made by the plaintiff, he will be entitled to his costs assessed to the date that the notice of acceptance was served;
(b)
where the offer was made by the defendant, the plaintiff will be entitled to his costs assessed to the date he was served with the offer, and the defendant will be entitled to his costs from the date 14 days after the date of the service of the offer assessed up to the date that the notice of acceptance was served.
(3) Where an offer to settle made by a defendant —
(a)
is not withdrawn and has not expired before the disposal of the claim in respect of which the offer to settle is made; and
(b)
is not accepted by the plaintiff, and the plaintiff obtains judgment not more favourable than the terms of the offer to settle,
the plaintiff is entitled to costs on the standard basis to the date the offer was served and the defendant is entitled to costs on the indemnity basis from that date, unless the Court orders otherwise.
(4) (a) Any interest awarded in respect of the period before service of the offer to settle is to be considered by the Court in determining whether the plaintiff’s judgment is more favourable than the terms of the offer to settle.
(b)
Any interest awarded in respect of the period after service of the offer to settle is not to be considered by the Court in determining whether the plaintiff’s judgment is more favourable than the terms of the offer to settle.
(5) Without prejudice to paragraphs (1), (2) and (3), where an offer to settle has been made, and notwithstanding anything in the offer to settle, the Court shall have full power to determine by whom and to what extent any costs are to be paid, and the Court may make such a determination upon the application of a party or of its own motion.
10. Where there are 2 or more defendants, the plaintiff may offer to settle with any defendant and any defendant may offer to settle with the plaintiff, but where the defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim and rights of contribution or indemnity may exist between the defendants, the cost consequences prescribed by Rule 9 do not apply to an offer to settle unless —
(a)
in the case of an offer made by the plaintiff, the offer is made to all the defendants, and is an offer to settle the claim against all the defendants; or
(b)
in the case of an offer made to the plaintiff —
(i)
the offer is an offer to settle the plaintiff’s claim against all the defendants and to pay the costs of any defendant who does not join in making the offer; or
(ii)
the offer is made by all the defendants and is an offer to settle the claim against all the defendants, and, by the terms of the offer, they are made jointly and severally liable to the plaintiff for the whole of the offer.
11.
—(1) Where 2 or more defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim, any defendant may make to any other defendant an offer to contribute in Form 36 towards a settlement of the claim.
(2) The Court may take into account an offer to contribute in determining whether another defendant should be ordered —
(a)
to pay the costs of the defendant who made the offer; or
(b)
to indemnify the defendant who made the offer for any costs he is liable to pay to the plaintiff,
or to do both.
(3) Rules 2 to 12 shall apply to an offer to contribute as if it were an offer to settle.
12. Without prejudice to Rules 9 and 10, the Court, in exercising its discretion with respect to costs, may take into account any offer to settle, the date the offer was made, the terms of the offer and the extent to which the plaintiff’s judgment is more favourable than the terms of the offer to settle.
ORDER 23
SECURITY FOR COSTS
1.
—(1) Where, on the application of a defendant to an action or other proceeding in the Court, it appears to the Court —
(a)
that the plaintiff is ordinarily resident out of the jurisdiction;
(b)
that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;
(c)
subject to paragraph (2), that the plaintiff’s address is not stated in the writ or other originating process or is incorrectly stated therein; or
(d)
that the plaintiff has changed his address during the course of the proceedings with a view to evading the consequences of the litigation,
then, if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant’s costs of the action or other proceeding as it thinks just.
(2) The Court shall not require a plaintiff to give security by reason only of paragraph (1)(c) if he satisfies the Court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.
(3) Where, on the application of a defendant to an action or other proceeding in the Court, it appears to the Court —
(a)
that a party, who is not a party to the action or proceeding (referred to hereinafter as a “non-party”), has assigned the right to the claim to the plaintiff with a view to avoiding his liability for costs; or
(b)
that the non-party has contributed or agreed to contribute to the plaintiff’s costs in return for a share of any money or property which the plaintiff may recover in the action or proceeding,
and the non-party is a person against whom a costs order may be made, then, if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the non-party to give such security for the defendant’s costs of the action or other proceeding as the Court thinks just.
(4) An application for an order under paragraph (3) shall be made by summons, which must be served on the non-party personally and on every party to the proceedings.
(5) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.
(6) The references in paragraphs (1), (2) and (3) to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.
2. Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any), as the Court may direct.
ORDER 24
DISCOVERY AND INSPECTION OF DOCUMENTS
1.
—(1) Subject to this Rule and Rules 2 and 7, the Court may at any time order any party to a cause or matter (whether begun by writ, originating summons or otherwise) to give discovery by making and serving on any other party a list of the documents which are or have been in his possession, custody or power, and may at the same time or subsequently also order him to make and file an affidavit verifying such a list and to serve a copy thereof on the other party.
(2) The documents which a party to a cause or matter may be ordered to discover under paragraph (1) are as follows:
(a)
the documents on which the party relies or will rely; and
(b)
the documents which could —
(i)
adversely affect his own case;
(ii)
adversely affect another party’s case; or
(iii)
support another party’s case.
(3) An order under this Rule may be limited to such documents or classes of documents only, or to only such of the matters in question in the cause or matter, as may be specified in the order.
2.
—(1) Where on an application for an order under Rule 1 it appears to the Court that any issue or question in the cause or matter should be determined before any discovery of documents is made by the parties, the Court may order that that issue or question be determined first.
(2) Where in an action begun by writ an order is made under this Rule for the determination of an issue or question, Order 25, Rules 2 to 7 shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they desire and with any other necessary modifications, apply as if the application on which the order was made were a summons for directions.
3.
—(1) A list of documents made in compliance with an order under Rule 1 must be in Form 37, and must enumerate the documents in a convenient order and as shortly as possible but describing each of them or, in the case of bundles of documents of the same nature, each bundle, sufficiently to enable it to be identified.
(2) If it is desired to claim that any documents are privileged from production, the claim must be made in the list of documents with a sufficient statement of the grounds of the privilege.
(3) An affidavit made under Rule 1(1) verifying a list of documents must be in Form 38.
4.
—(1) A defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served under Rules 1, 2 and 3 on the plaintiff by any other defendant to the action; and a plaintiff against whom a counterclaim is made in an action begun by writ shall be entitled to have a copy of any list of documents served under any of those Rules on the party making the counterclaim by any other defendant to the counterclaim.
(2) A party required under paragraph (1) to supply a copy of a list of documents must supply it free of charge on a request made by the party entitled to it.
(3) Where in an action begun by originating summons the Court makes an order under Rule 1 requiring a defendant to the action to serve a list of documents on the plaintiff, it may also order him to supply any other defendant to the action with a copy of that list.
(4) In this Rule, “list of documents” includes an affidavit verifying a list of documents.
5.
—(1) Subject to Rule 7, the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it.
(2) An order may be made against a party under this Rule notwithstanding that the party may already have made or been required to make a list of documents or an affidavit under Rule 1.
(3) An application for an order under this Rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this Rule has, or at some time had, in his possession, custody or power, the document, or class of document, specified or described in the application and that it falls within one of the following descriptions:
(a)
a document on which the party relies or will rely;
(b)
a document which could —
(i)
adversely affect his own case;
(ii)
adversely affect another party’s case; or
(iii)
support another party’s case; and
(c)
a document which may lead the party seeking discovery of it to a train of inquiry resulting in his obtaining information which may —
(i)
adversely affect his own case;
(ii)
adversely affect another party’s case; or
(iii)
support another party’s case.
(4) An order under this Rule shall not be made in any cause or matter in respect of any party before an order under Rule 1 has first been obtained in respect of that party, unless, in the opinion of the Court, the order is necessary or desirable.
6.
—(1) An application for an order for the discovery of documents before the commencement of proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the originating summons.
(2) An application after the commencement of proceedings for an order for the discovery of documents by a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally and on every party to the proceedings.
(3) An originating summons under paragraph (1) or a summons under paragraph (2) shall be supported by an affidavit which must —
(a)
in the case of an originating summons under paragraph (1), state the grounds for the application, the material facts pertaining to the intended proceedings and whether the person against whom the order is sought is likely to be party to subsequent proceedings in Court;
(b)
in any case, specify or describe the documents in respect of which the order is sought and show, if practicable by reference to any pleading served or intended to be served in the proceedings, 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 or the identity of the likely parties to the proceedings, or both, and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power.
(4) A copy of the supporting affidavit shall be served with the originating summons or summons on every person on whom the originating summons or summons is required to be served.
(5) An order for the discovery of documents before the commencement of proceedings or for the discovery of documents by a person who is not a party to the proceedings may be made by the Court for the purpose of or with a view to identifying possible parties to any proceedings in such circumstances where the Court thinks it just to make such an order, and on such terms as it thinks just.
(6) An order for the discovery of documents may —
(a)
be made conditional on the applicant’s giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just; and
(b)
require the person against whom the order is made to make an affidavit stating whether the documents specified or described in the order are, or at any time have been, in his possession, custody or power and, if not then in his possession, custody or power, when he parted with them and what has become of them.
(7) No person shall be compelled by virtue of such an order to produce any document which he could not be compelled to produce —
(a)
in the case of an originating summons under paragraph (1), if the subsequent proceedings had already been commenced; or
(b)
in the case of a summons under paragraph (2), if he had been served with a subpoena to produce documents1 at the trial.
(8) For the purpose of Rules 10 and 11, an application for an order under this Rule shall be treated as a cause or matter between the applicant and the person against whom the order is sought.
(9) Unless the Court orders otherwise, where an application is made in accordance with this Rule for an order, the person against whom the order is sought shall be entitled to his costs of the application, and of complying with any order made thereon on an indemnity basis.
7. On the hearing of an application for an order under Rule 1, 5 or 6, the Court may, if satisfied that discovery is not necessary, or not necessary at that stage of the cause or matter, dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of opinion that discovery is not necessary either for disposing fairly of the cause or matter or for saving costs.
8. After the making of any order under Rule 1 or 5, the party required to give discovery under any such order shall remain under a duty to continue to give discovery of all documents falling within the ambit of such order until the proceedings in which the order was made are concluded.
9. A party who has served a list of documents on any other party in compliance with an order under Rule 1 must allow the other party to inspect the documents referred to in the list (other than any which he objects to produce) and to take copies thereof and, accordingly, he must when he serves the list on the other party also serve on him a notice in Form 39 stating a time within 7 days after the service thereof at which the documents may be inspected at a place specified in the notice.
10.
—(1) Any party to a cause or matter shall be entitled at any time to serve a notice in Form 40 on any other party in whose pleadings or affidavits reference is made to any document requiring him to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.
(2) The party on whom a notice is served under paragraph (1) must, within 4 days after service of the notice, serve on the party giving the notice a notice in Form 41 stating a time within 7 days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice, and stating which (if any) of the documents he objects to produce and on what grounds.
11.
—(1) If a party who is required by Rule 9 to serve such a notice as is therein mentioned or who is served with a notice under Rule 10(1) —
(a)
fails to serve a notice under Rule 9 or, as the case may be, Rule 10(2);
(b)
objects to produce any document for inspection; or
(c)
offers inspection at a time or place such that, in the opinion of the Court, it is unreasonable to offer inspection then or, as the case may be, there,
then, subject to Rule 13(1), the Court may, on the application of the party entitled to inspection, make an order in Form 42 for the production of the documents in question for inspection at such time and place, and in such manner, as it thinks fit.
(2) Without prejudice to paragraph (1), but subject to Rule 13(1), the Court may, on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party in respect of which discovery has been given under any Rule in this Order or in pursuance of any order made thereunder.
(3) An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that discovery has been given of them under any Rule in this Order or in pursuance of any order made thereunder.
12.
—(1) At any stage of the proceedings in any cause or matter the Court may, subject to Rule 13(1), order any party to produce to the Court any document in his possession, custody or power that falls within one of the following descriptions:
(a)
documents on which a party applying relies or will rely;
(b)
documents which could —
(i)
adversely affect a party’s case; or
(ii)
support a party’s case; and
(c)
documents which may lead to a train of inquiry resulting in the obtaining of information which may —
(i)
adversely affect a party’s case; or
(ii)
support a party’s case.
(2) The Court may deal with the document when produced in pursuance of an order made under paragraph (1) in such manner as it thinks fit.
13.
—(1) No order for the production of any documents for inspection or to the Court shall be made under any of the foregoing Rules unless the Court is of the opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.
(2) Where on an application under this Order for the production of any document for inspection or to the Court privilege from such production is claimed or objection is made to such production on any other ground, the Court may inspect the document for the purpose of deciding whether the claim or objection is valid.
14.
—(1) Where the production of any business books for inspection is applied for under any of the foregoing Rules, the Court may, instead of ordering the production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.
(2) Any such affidavit shall state whether or not there are in the original book any, and, if so what, erasures, interlineations or alterations.
(3) Notwithstanding that a copy of any entries in any book has been supplied under this Rule, the Court may order production of the book from which the copy was made.
15. Rules 1 to 14 shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.
16.
—(1) If any party who is required by any Rule in this Order, or by any order made thereunder, to make discovery of documents or to produce any document for the purpose of inspection or any other purpose, fails to comply with any provision of the Rules in this Order, or with any order made thereunder, or both, as the case may be, then, without prejudice to Rule 11(1), in the case of a failure to comply with any such provision, the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.
(2) If any party or person against whom an order for discovery or production of documents is made fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.
(3) Service on a party’s solicitor of an order for discovery or production of documents made against that party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.
(4) A solicitor on whom such an order made against his client is served and who fails, without reasonable excuse, to give notice thereof to his client shall be liable to committal.
(5) A party who is required by any Rule in this Order, or by any order made thereunder, to make discovery of documents or to produce any document for the purpose of inspection or any other purpose, but who fails to comply with any provision of that Rule or with that order, as the case may be, may not rely on those documents save with the leave of the Court.
17. Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.
18.
—(1) Where in any action relating to a marine insurance policy an application for discovery of documents is made by the insurer under Rule 1 then without prejudice to its powers under that Rule, the Court may, if satisfied that the circumstances of the case are such that it is necessary or expedient to do so, make an order, either in Form 43 or in such other form as it thinks fit, for the production of such documents as are therein specified or described.
(2) An order under this Rule may be made on such terms, if any, as to staying proceedings in the action or otherwise, as the Court thinks fit.
ORDER 25
SUMMONS FOR DIRECTIONS
1.
—(1) With a view to providing, in every action to which this Rule applies, an occasion for the consideration by the Court of the preparations for the trial of the action, so that —
(a)
all matters which must or can be dealt with on interlocutory applications and have not already been dealt with may so far as possible be dealt with; and
(b)
such directions may be given as to the future course of the action as appear best adapted to secure the just, expeditious and economical disposal thereof,
the plaintiff must, within one month after the pleadings in the action are deemed to be closed, take out a summons in Form 44 (referred to in these Rules as a summons for directions) returnable in not less than 14 days.
(2) This Rule applies to all actions begun by writ except —
(a)
actions in which the plaintiff or defendant has applied for judgment under Order 14;
(b)
actions in which the plaintiff or defendant has applied under Order 18, Rule 22 for trial without pleadings or further pleadings and directions have been given under that Rule;
(c)
actions in which an order has been made under Order 24, Rule 2 for the trial of the issue or question before discovery;
(d)
actions in which directions have been given under Order 29, Rule 7;
(e)
actions in which an order for the taking of an account has been made under Order 43, Rule 1;
(f)
actions which have been referred to the Registrar for trial;
(g)
actions for which automatic directions are provided by Rule 8; and
(h)
non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts.
(3) [Deleted by S 551/99]
(4) If the plaintiff does not take out a summons for directions in accordance with paragraphs (1) and (2), the defendant or any defendant may do so or apply for an order to dismiss the action.
(5) On an application by a defendant to dismiss the action under paragraph (4), the Court may either dismiss the action on such terms as may be just or deal with the application as if it were a summons for directions.
(6) In the case of an action which is proceeding only as respects a counterclaim, references in this Rule to the plaintiff and defendant shall be construed respectively as references to the party making the counterclaim and the defendant to the counterclaim.
1A.
—(1) For non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts, where parties have agreed on the issue of liability before action and the plaintiff causes a writ of summons to be issued to have damages assessed, within 14 days after the memorandum of appearance is served on the plaintiff, the plaintiff must take out a summons in Form 45, for interlocutory judgment to be entered and for directions for the assessment of damages.
(2) If the plaintiff does not take out a summons in accordance with this Rule, paragraphs (4) and (5) of Rule 1 shall apply in relation to this Rule as they apply in relation to a summons for directions.
2.
—(1) When the summons for directions first comes to be heard, the Court shall consider whether —
(a)
it is possible to deal then with all the matters which, by Rules 3 to 7, are required to be considered on the hearing of the summons for directions; or
(b)
it is expedient to adjourn the consideration of all or any of those matters until a later stage.
(2) If when the summons for directions first comes to be heard, the Court considers that it is possible to deal then with all the said matters, it shall deal with them forthwith and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are also then dealt with.
(3) If, when the summons for directions first comes to be heard, the Court considers that it is expedient to adjourn the consideration of all or any of the matters which, by Rules 3 to 7, are required to be considered on the hearing of the summons, the Court shall deal forthwith with such of those matters as it considers can conveniently be dealt with forthwith and adjourn the consideration of the remaining matters and shall endeavour to secure that all other matters which must or can be dealt with on interlocutory applications and have not already been dealt with are dealt with either then or at a resumed hearing of the summons for directions.
(4) If, on the summons for directions, an action is ordered to be transferred to the Subordinate Courts, nothing in this Order shall be construed as requiring the Court to make any further order on the summons.
(5) If, on the summons for directions, the action or any question or issue therein is ordered to be tried before the Registrar, the Court may, without giving any further directions, adjourn the summons so that it can be heard by the Registrar, and the party required to apply to the Registrar for directions may do so by notice without taking out a fresh summons.
(6) If the hearing of the summons for directions is adjourned without a day being fixed for the resumed hearing thereof, any party may restore it to the list on 2 days notice to the other parties.
3.
—(1) On the hearing of the summons for directions, the Court shall consider the appropriate orders or directions that should be made to simplify and to expedite the proceedings and particularly —
(a)
the period within which the parties have to exchange affidavits of the evidence in chief of all witnesses named in the summons for directions who may give evidence at the trial;
(b)
whether the number of witnesses shall be limited to those specified in the order and whether the evidence in chief of the witnesses specified be each limited to a single affidavit;
(c)
the mode in which the evidence in chief shall be given by any witness from whom a party is unable on sufficient cause being shown to obtain an affidavit of that witness’s evidence in chief and the manner in which the said evidence shall be disclosed to the other parties prior to the trial;
(d)
whether an order should be made limiting the number of expert witnesses;
(e)
whether the evidence in chief of each expert witness should be set out in a single affidavit;
(f)
whether any direction should be made for a discussion between the experts prior to the exchange of their affidavits exhibiting their reports for the purpose of requiring them to identify the issues in the proceedings and where possible, reach agreement on an issue, and if such a direction should be made, whether —
(i)
to specify the issues which the experts are to discuss; and
(ii)
to direct the experts to prepare a joint statement indicating the agreed issues, the issues not agreed and a summary of the reasons for any non-agreement;
(g)
the period within which objections to the contents of the affidavit or other evidence of a witness must be taken; and
(h)
whether any orders should be made pursuant to Order 20, Rule 5, Order 38, Rules 2 to 7, Order 40A, Rules 1 to 4 and Order 70, Rule 25(3).
(2) Where any party fails to comply with the Court’s directions for the filing and exchange of affidavits, an application may be made by summons at any time after the default for an order to enter judgment or to dismiss the action, as the case may be, or for such other order as to costs or otherwise that the Court thinks just in the circumstances.
4. At the hearing of the summons for directions, the Court shall endeavour to secure that the parties make all admissions and all agreements as to the conduct of the proceedings which ought reasonably to be made by them and may cause the order on the summons to record any admissions or agreements so made, and (with a view to such special order, if any, as to costs as may be just being made at the trial) any refusal to make any admission or agreement.
5. Nothing in Rule 4 shall be construed as requiring the Court to endeavour to secure that the parties shall agree to exclude or limit any right of appeal, but the order made on the summons for directions may record any such agreement.
6.
—(1) Subject to paragraph (2), no affidavit shall be used on the hearing of the summons for directions except by the leave or direction of the Court, but, subject to paragraph (4), it shall be the duty of the parties to the action and their solicitors to give all such information and produce all such documents on any hearing of the summons as the Court may reasonably require for the purposes of enabling it properly to deal with the summons. The Court may, if it appears proper to do so in the circumstances, authorise any such information or documents to be given or produced to the Court without being disclosed to the other parties but, in the absence of such authority, any information or document given or produced under this paragraph shall be given or produced to all the parties present or represented on the hearing of the summons as well as to the Court.
(2) No leave shall be required by virtue of paragraph (1) for the use of an affidavit by any party on the hearing of the summons for directions in connection with any application thereat for any order if, under any of these Rules, an application for such an order is required to be supported by an affidavit.
(3) If the Court on any hearing of the summons for directions requires a party to the action or his solicitor or counsel to give any information or produce any document and that information or document is not given or produced, then, subject to paragraph (4), the Court may —
(a)
cause the facts to be recorded in the order with a view to such special order, if any, as to costs as may be just being made at the trial; or
(b)
if it appears to the Court to be just to do so, order the whole or any part of the pleadings of the party concerned to be struck out, or, if the party is plaintiff or the claimant under a counterclaim, order the action or counterclaim to be dismissed on such terms as may be just.
(4) Notwithstanding anything in paragraphs (1) to (3), no information or documents which are privileged from disclosure shall be required to be given or produced under this Rule by or by the solicitors of any party otherwise than with the consent of that party.
7.
—(1) Any party to whom the summons for directions is addressed must so far as practicable apply at the hearing of the summons for any order or directions which he may desire as to any matter capable of being dealt with on an interlocutory application in the action and must, not less than 7 days before the hearing of the summons, serve on the other parties a notice in Form 46 specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons.
(2) If the hearing of the summons for directions is adjourned and any party to the proceedings desires to apply at the resumed hearing for any order or directions not asked for by the summons or in any notice given under paragraph (1), he must, not less than 7 days before the resumed hearing of the summons, serve on the other parties a notice specifying those orders and directions in so far as they differ from the orders and directions asked for by the summons or in any such notice.
(3) Any application subsequent to the summons for directions and before judgment as to any matter capable of being dealt with on an interlocutory application in the action must be made under the summons by 2 clear days notice to the other party stating the grounds of the application.
8.
—(1) When the pleadings in any action to which this Rule applies are deemed to be closed, the following directions shall take effect automatically:
(a)
there shall be discovery of documents within 14 days in accordance with Order 24 and inspection within 7 days thereafter, except that where liability is admitted, discovery shall be limited to discovery by the plaintiff of any document relating to damages;
(b)
subject to paragraph (3) where any party intends to place reliance at the trial on expert evidence, he shall, within 4 months, disclose the substance of that evidence to the other parties in the form of a written report, which shall be agreed if possible;
(c)
where any party intends to call any witness at the trial for the purpose of proving any photograph, sketch plan, or model or the condition of a vehicle or the maintenance or operation of traffic lights or any other evidence of a formal nature, he shall, within 4 months, disclose the evidence thereof to the other parties;
(d)
photographs, sketch plans, models and the contents of any police accident report shall be agreed if possible;
(e)
subject to sub-paragraphs (b) and (c), the parties shall, within 4 months, exchange, without filing, affidavits of the evidence in chief of all witnesses except any witness referred to in sub-paragraphs (b) and (c);
(f)
the evidence in chief of all witnesses shall be limited to one affidavit for each witness;
(g)
the number of witnesses shall be limited in any case to those who have deposed their evidence in chief by way of affidavit;
(h)
the action shall be set down within 6 months;
(i)
the Court shall be notified, on setting down, of the estimated length of trial; and
(j)
the party setting down the action shall certify that the provisions of this Rule have been complied with.
(2) Nothing in paragraph (1) shall require a party to produce a further medical report if he proposes to rely at the trial only on the report provided pursuant to Order 18, Rule 12(1A) or (1B) but, where a party claiming damages for personal injuries discloses a further report, that report shall be accompanied by a statement of the special damages claimed and, in this paragraph, “a statement of the special damages claimed” has the same meaning as in Order 18, Rule 12(1C).
(3) Where paragraph (1)(b) applies to more than one party, the reports shall be disclosed by mutual exchange, medical for medical and non-medical for non-medical, within the time provided or as soon thereafter as the reports on each side are available.
(4) Nothing in paragraph (1) shall prevent any party to an action to which this Rule applies from applying to the Court for such further or different directions or orders as may, in the circumstances, be appropriate.
(5) For the purpose of this Rule documents relating to special damages include documents relating to any industrial disablement or sickness benefit rights, and where the claim is made under section 20 of the Civil Law Act (Chapter 43), include documents relating to any claim for dependency on the deceased.
(6) This Rule shall apply to —
(a)
any action for personal injuries except —
(i)
any admiralty action; and
(ii)
any action where the pleadings contain an allegation of a negligent act or omission in the course of medical or dental treatment; and
(b)
any action arising out of an accident on land due to a collision or an apprehended collision, except non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts.
(7) This Rule shall not apply to actions in which any party has applied for judgment under Order 14.
Affidavits of evidence-in-chief and exhibits
9. [Deleted by S 283/97]
ORDER 26
INTERROGATORIES
1.
—(1) A party to any cause or matter may, in accordance with the following provisions of this Order, serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter which are necessary either —
(a)
for disposing fairly of the cause or matter; or
(b)
for saving costs.
(2) Without prejudice to the provisions of paragraph (1), a party may apply to the Court for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter.
(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) may not be administered notwithstanding that it might be admissible in oral cross-examination of a witness.
(4) In this Order —
“interrogatories without order” means interrogatories served under paragraph (1);
“ordered interrogatories” means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under Rule 3(2) and, where such an order is made, the interrogatories shall not, unless the Court orders otherwise, be treated as interrogatories without order for the purposes of Rule 3(1).
(5) Unless the context otherwise requires, the provisions of this Order shall apply to both interrogatories without order and ordered interrogatories.
2.
—(1) Where interrogatories are served, a note at the end of the interrogatories shall specify —
(a)
a period of time (not being less than 28 days from the date of service) within which the interrogatories are to be answered;
(b)
where the party to be interrogated is a body corporate or unincorporate which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be served; and
(c)
where the interrogatories are to be served on 2 or more parties or are required to be answered by an agent or servant of a party, which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant.
(2) Subject to Rule 5(1), a party on whom interrogatories are served shall, unless the Court orders otherwise on an application under Rule 3(2), be required to give within the period specified under Rule 2(1)(a) answers, which shall (unless the Court otherwise directs) be on affidavit.
(3) Interrogatories without order when served shall be in Form 48 save for the reference to an Order of Court. The answer to interrogatories without order shall be in Form 50 save for the reference to an Order of Court.
(4) Ordered interrogatories when served shall be in Form 48. The order for interrogatories shall be in Form 49 and the answers to ordered interrogatories shall be in Form 50.
3.
—(1) Interrogatories without order may be served on a party not more than twice.
(2) A party on whom interrogatories without order are served may, within 14 days of the service of the interrogatories, apply to the Court for the interrogatories to be varied or withdrawn and, on any such application, the Court may make such order as it thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).
(3) Interrogatories without order shall not be served on the Government.
4.
—(1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the summons in Form 44 or 47 or the notice under Order 25, Rule 7, as the case may be, by which the application is made.
(2) In deciding whether to give leave to serve interrogatories, the Court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question and whether or not interrogatories without order have been administered.
5.
—(1) Without prejudice to Rule 3(2), where a person objects to answering any interrogatory on the ground of privilege, he may take the objection in his answer.
(2) Where any person, on whom ordered interrogatories have been served, answers any of them insufficiently, the Court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the Court may direct.
(3) Where any person, on whom interrogatories without order have been served, answers any of them insufficiently, the party serving the interrogatories may ask for further and better particulars of the answer given and any such request shall not be treated as service of further interrogatories for the purposes of Rule 3(1).
6.
—(1) If a party fails to answer interrogatories or to comply with an order made under Rule 5(2) or a request made under Rule 5(3), the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.
(2) Without prejudice to paragraph (1), where a party fails to answer ordered interrogatories or to comply with an order made under Rule 5(2), he shall be liable to committal.
(3) Service on a party’s solicitor of an order to answer interrogatories made against the party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.
(4) A solicitor, on whom an order to answer interrogatories made against his client is served and who fails without reasonable excuse to give notice thereof to his client, shall be liable to committal.
7. A party may put in evidence at the trial of a cause or matter, or of any issue therein, some only of the answers to interrogatories, or part only of such answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but the Court may look at the whole of the answers and if of opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be so used without the other, the Court may direct that that other answer or part shall be put in evidence.
8. Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.
ORDER 26A
INTERROGATORIES BEFORE ACTION, ETC
1.
—(1) An application for an order to administer interrogatories before the commencement of proceedings shall be made by originating summons and the person against whom the order is sought shall be made defendant to the originating summons.
(2) An application after the commencement of proceedings for an order to administer interrogatories to a person who is not a party to the proceedings shall be made by summons, which must be served on that person personally and on every party to the proceedings.
(3) The originating summons under paragraph (1) or summons under paragraph (2) shall be supported by an affidavit which must —
(a)
in the case of an originating summons under paragraph (1), state the grounds for the application, the material facts pertaining to the intended proceedings and whether the person against whom the order is sought is likely to be party to subsequent proceedings in Court; and
(b)
in any case, specify the interrogatories to be administered and show, if practicable by reference to any pleading served or intended to be served in the proceedings that the answers to the interrogatories are relevant to an issue arising or likely to arise out of the claim made or likely to be made in the proceedings or the identity of the likely parties to the proceedings, or both.
(4) A copy of the supporting affidavit shall be served with the originating summons or summons on every person on whom the originating summons or summons is required to be served.
(5) An order to administer interrogatories before the commencement of proceedings or to administer interrogatories to a person who is not a party to the proceedings may be made by the Court for the purpose of or with a view to identifying possible parties to any proceedings in such circumstances where the Court thinks it just to make such an order, and on such terms as it thinks just.
2. On the hearing of an application for an order under Rule 1, the Court, if satisfied that interrogatories are not necessary, or not necessary at that stage of the cause or matter, may dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of opinion that interrogatories are not necessary either for disposing fairly of the cause or matter or for saving costs.
3. An order to administer interrogatories may be made conditional on the applicant’s giving security for the costs of the person against whom it is made or on such other terms, if any, as the Court thinks just.
4. Order 26, Rule 2 (except Rule 2(3)), and Rules 4 to 8 (except Rule 5(3)) shall apply, with the necessary modifications, to this Order.
ORDER 27
ADMISSIONS
1. Without prejudice to Order 18, Rule 13, a party to a cause or matter may give notice, by his pleading or otherwise in writing, that he admits the truth of the whole or any part of the case of any other party.
2.
—(1) A party to a cause or matter may not later than 14 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit, for the purpose of that cause or matter only, the facts specified in the notice.
(2) An admission made in compliance with a notice under this Rule shall not be used against the party by whom it was made in any cause or matter other than the cause or matter for the purpose of which it was made or in favour of any person other than the person by whom the notice was given, and the Court may at any time allow a party to amend or withdraw an admission so made by him on such terms as may be just.
(3) A notice to admit facts under paragraph (1) must be in Form 51 and an admission of facts under paragraph (2) in Form 52.
3. Where admissions of fact are made by a party to a cause or matter either by his pleadings or otherwise, any other party to the cause or matter may apply to the Court for such judgment or order as upon those admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may give such judgment, or make such order, on the application as it thinks just.
4.
—(1) Subject to paragraph (2) and without prejudice to the right of a party to object to the admission in evidence of any document, a party on whom a list of documents is served in pursuance of any provision of Order 24 or any order made thereunder shall, unless the Court otherwise orders, be deemed to admit —
(a)
that any document described in the list as an original document is such a document and was printed, written, signed or executed as it purports respectively to have been; and
(b)
that any document described therein as a copy is a true copy.
This paragraph does not apply to a document the authenticity of which the party has denied in his pleading.
(2) If before the expiration of 14 days after inspection of the documents specified in a list of documents or after the time limited for inspection of those documents expires, whichever is the later, the party to whom the list is served serves on the party whose list it is a notice stating, in relation to any documents specified therein, that he does not admit the authenticity of that document and requires it to be proved at the trial, he shall not be deemed to make any admission in relation to that document under paragraph (1).
(3) A party to a cause or matter by whom a list of documents is served on any other party in pursuance of any provision of Order 24 or any order made thereunder shall be deemed to have been served by that other party with a notice requiring him to produce at the trial of the cause or matter such of the documents specified in the list as are in his possession, custody or power.
(4) Paragraphs (1) to (3) apply in relation to an affidavit made in compliance with an order under Order 24, Rule 5, as they apply in relation to a list of documents served in pursuance of any provision of that Order or any order made thereunder.
5.
—(1) Except where Rule 4(1) applies, a party to a cause or matter may within 14 days after the cause or matter is set down for trial serve on any other party a notice requiring him to admit the authenticity of the documents specified in the notice.
(2) If a party on whom a notice under paragraph (1) is served desires to challenge the authenticity of any document therein specified he must, within 14 days after service of the notice, serve on the party by whom it was given a notice stating that he does not admit the authenticity of the document and requires it to be proved at the trial.
(3) A party who fails to give a notice of non-admission in accordance with paragraph (2) in relation to any document shall be deemed to have admitted the authenticity of that document unless the Court otherwise orders.
(4) Except where Rule 4(3) applies, a party to a cause or matter may serve on any other party a notice requiring him to produce the documents specified in the notice at the trial of the cause or matter.
(5) A notice to admit, a notice of non-admission and a notice to produce documents shall be in Forms 53, 54 and 55, respectively.
ORDER 28
ORIGINATING SUMMONS PROCEDURE
2. All originating summonses shall be heard in Chambers, subject to any express provision of these Rules, any written law, any directions of the Court or any practice directions for the time being issued by the Registrar.
2A.
—(1) A defendant who wishes to dispute the jurisdiction of the Court in the proceedings by reason of any irregularity in the originating summons or service thereof or in any order giving leave to serve the originating summons out of the jurisdiction or extending the validity of the originating summons for the purpose of service or on any other ground shall within 21 days after service of the originating summons and supporting affidavit or affidavits on him apply to the Court for —
(a)
an order setting aside the originating summons or service of the originating summons on him;
(b)
an order declaring that the originating summons has not been duly served on him;
(c)
the discharge of any order giving leave to serve the originating summons on him out of the jurisdiction;
(d)
the discharge of any order extending the validity of the originating summons for the purpose of service;
(e)
the protection or release of any property of the defendant seized or threatened with seizure in the proceedings;
(f)
the discharge of any order made to prevent any dealing with any property of the defendant;
(g)
a declaration that in the circumstances of the case the Court has no jurisdiction over the defendant in respect of the subject-matter of the claim or the relief or remedy sought in the action; or
(h)
such other relief as may be appropriate.
(2) A defendant who wishes to contend that the Court should not assume jurisdiction over the action on the ground that Singapore is not the proper forum for the dispute shall within 21 days after service of the originating summons and supporting affidavit or affidavits on him apply to the Court for an order staying the proceedings.
(3) An application under paragraph (1) or (2) must be made by summons supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the summons.
(4) Upon the hearing of an application under paragraph (1) or (2), the Court may make such order as it thinks fit and may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.
3.
—(1) Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons, he must do so by affidavit and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons.
(2) Unless otherwise provided in any written law, in the case of an ex parte originating summons, the applicant must file a supporting affidavit or affidavits at the time of filing of the originating summons.
(3) Where the defendant intends to adduce evidence with reference to the originating summons served on him, he must also do so by affidavit and the affidavit or affidavits must be filed and a copy thereof must be served on the plaintiff not later than 21 days after being served with a copy of the affidavit or affidavits by the plaintiff under paragraph (1).
(4) No further affidavit shall be received in evidence without leave of the Court.
4.
—(1) The Court by whom an originating summons is heard may, if the liability of the defendant to the plaintiff in respect of any claim made by the plaintiff is established, make such order in favour of the plaintiff as the nature of the case may require, but where the Court makes an order under this paragraph against a defendant who does not appear at the hearing, the Court, if satisfied that it is just to do so, may rehear the originating summons.
(2) Unless on the first hearing of an originating summons the Court disposes of the originating summons altogether or orders the cause or matter begun by it to be transferred to a District Court or makes an order under Rule 8, the Court shall give such directions as to the further conduct of the proceedings as it thinks best adapted to secure the just, expeditious and economical disposal thereof.
(3) Without prejudice to the generality of