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Contents  

Order 1 Citation, application, definitions and forms

THE SCHEDULE

Order 2 Effect of non-compliance

Order 3 Time

Order 4 Consolidation of proceedings

Order 5 Mode of beginning civil proceedings

Order 6 Writs of summons: General provisions

Order 7 Originating summonses: General provisions

Order 8 Repealed

Order 9 Repealed

Order 10 Service of originating process: General provisions

Order 11 Service process out of Singapore

Order 12 Entry of appearance

Order 13 Default of appearance to writ

Order 14 Summary judgment and disposal of case on point of law

Order 15 Causes of action: Counterclaims and parties

Order 16 Third party and similar proceedings

Order 17 Interpleader

Order 18 Pleadings

Order 19 Default of pleadings

Order 20 Amendment

Order 21 Withdrawal and discontinuance

Order 22 Payment into and out of court

Order 22A Offer to settle

Order 23 Security for costs

Order 24 Discovery and inspection of documents

Order 25 Summons for directions

Order 26 Interrogatories

Order 26A Interrogatories before action, etc.

Order 27 Admissions

Order 28 Originating summons procedure

Order 29 Interlocutory injunctions, interim preservation of property, interim payments, etc.

Order 30 Receivers

Order 31 Sale, etc., of immovable property by order of court

Order 32 Applications and proceedings in chambers

Order 33 Mode of trial

Order 34 Setting down for trial of action begun by writ

Order 34A Pre-trial conferences

Order 35 Proceedings at trial

Order 36 Trials before and inquiries by Registrar

Order 37 Assessment of damages

Order 38 Evidence: General

Order 38A Official record of hearing

Order 39 Evidence by deposition: Examiners of court

Order 40 Court expert

Order 40A Experts of parties

Order 41 Affidavits

Order 42 Judgments and orders

Order 43 Accounts and inquiries

Order 44 Repealed

Order 45 Enforcement of judgments and orders

Order 46 Writs of execution: General

DUTIES OF SHERIFF

SALE BY SHERIFF

Order 47 Writs of seizure and sale

Order 48 Examination of judgment debtor, etc.

Order 49 Garnishee proceedings

Order 50 Stop orders, etc.

Order 51 Receivers: Equitable execution

Order 52 Committal

Order 53 Application for Mandatory Order7, Prohibiting Order9, Quashing Order10, etc.

Order 54 Application for Order for Review of Detention11

Order 55 Appeals to High Court from court, tribunal or person

Order 55A Applications to High Court by case stated

Order 55B Appeals from Registrar in proceedings in State Courts

Order 55C Appeals from District Judges in Chambers

Order 55D Appeals from State Courts

Order 56 Appeals from Registrar and Judge in proceedings in Supreme Court

Order 57 Appeals to Court of Appeal

Order 58 References under Article 100 of Constitution for advisory opinion

Order 58A Constitutional Case

Order 59 Costs

PRELIMINARY

ENTITLEMENT TO COSTS

PROCEDURE ON TAXATION

ASSESSMENT OF COSTS

CERTIFICATE

REVIEW

INTEREST

Appendix 1 - COSTS ON TAXATION

Appendix 2 - FIXED COST

Order 60 The Registry

Order 61 Sittings, vacation and office hours

Order 62 Service of documents

Order 63 Paper, printing, notices and copies

Order 63A Electronic filing service

Order 64 Change of solicitor

Order 65 Service of foreign process

Order 66 Obtaining evidence for foreign courts, etc.

Order 67 Reciprocal enforcement of judgments

Order 68 Repealed

Order 69 Arbitral proceedings

Order 69A International Arbitration Act

Order 70 Admiralty proceedings

Order 71 Repealed

Order 72 Contentious probate proceedings

Order 73 Proceedings by and against Government

Order 74 Debtors Act

ARREST OF JUDGMENT DEBTOR

ARREST OR ATTACHMENT BEFORE JUDGMENT

JUDGMENT DEBTOR SUMMONS

JUDGMENT NOTICE

COMMITMENT

MISCELLANEOUS

Order 75 Distress Act

Order 76 Disability

Order 77 Partners

Order 78 Defamation actions

Order 79 Moneylenders’ actions

Order 80 Administration and similar actions

Order 81 Summary proceedings for possession of land

Order 82 Debenture holders’ action: Receiver’s register

Order 83 Mortgage actions

Order 84 Repealed

Order 84A Repealed

Order 84B Repealed

Order 85 Bills of Sale Act

Order 85A Proceedings arising out of hire-purchase agreements

Order 86 Repealed

Order 87 Trade Marks Act

Order 87A Patents Act

Order 88 Companies Act

Order 89 State Courts Act

Order 89A Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act

Order 89B Mutual Assistance in Criminal Matters Act

Order 89C Employment Act

Order 89D Oaths and Declarations Act

Order 89E Terrorism (Suppression of Financing) Act

Order 90 Lodgment in Court, money in Registry and payment to Sheriff

LODGMENT IN COURT

PAYMENT TO SHERIFF

Order 90A Hearing fees and Court ADR fees

Order 90B Court fees for core bundle, etc.

Order 91 Court fees

Order 92 Miscellaneous

Order 93 Securities and Futures Act — Civil liability actions

Order 94 Securities and Futures Act — Civil penalty actions

Order 95 Building and Construction Industry Security of Payment Act

Order 96 Limited Liability Partnerships Act

Order 97 Competition Act — Applications under section 85 of Competition Act

Order 98 Income Tax Act

Order 99 Repealed

Order 100 Collective sale applications

Order 101 Referrals on issues of law

Order 102 Repealed

Order 103 Securities and Futures Act — Order for disgorgement against third party

Order 104 Repealed

Order 105 Personal Data Protection Act 2012

Order 106 Repealed

Order 107 Repealed

Order 108 Simplified process for proceedings in Magistrate’s Court or District Court

Order 109 Protection from Harassment Act 2014

Order 110 Singapore International Commercial Court

PRELIMINARY

COMMENCEMENT OF PROCEEDINGS AND SERVICE OF PROCESS

JURISDICTION, JOINDER AND TRANSFER

PRODUCTION OF DOCUMENTS AND INTERROGATORIES

EVIDENCE

FOREIGN LAW

CONFIDENTIALITY

REPRESENTATION

OFFSHORE CASES

PRE-ACTION CERTIFICATE

COSTS AND FEES

MISCELLANEOUS

Order 111 Choice of Court Agreements Act 2016

Appendix A - Forms

Appendix B - Court fees

Appendix BA - Court Fees in the Singapore International Commercial Court

Appendix C - Civil Procedure Conventions

Appendix D - Endnotes

Legislative History

 
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On 26/09/2017, you requested the version in force on 26/09/2017 incorporating all amendments published on or before 26/09/2017. The closest version currently available is that of 01/08/2017.
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ORDER 105
Personal Data Protection Act 2012
Interpretation (O. 105, r. 1)
1.  In this Order —
“Act” means the Personal Data Protection Act 2012 (Act 26 of 2012), and any reference to a section shall be construed as a reference to a section in the Act;
“Appeal Committee” means a Data Protection Appeal Committee nominated under section 33(4);
“Commission” means the Personal Data Protection Commission established under section 5.
Powers under section 30 exercisable by Judge or Registrar (O. 105, r. 2)
2.
—(1)  Subject to paragraph (2), the powers conferred on the District Court by section 30 may be exercised by a District Judge in Chambers or the Registrar.
(2)  The powers conferred on the District Court by section 30(3) may only be exercised by a District Judge.
Application to register of Commission’s Direction or Appeal Committee’s Decision (O. 105, r. 3)
3.  An application to register in the District Court —
(a)
any direction made by the Commission under section 28(2) or 29, including any direction varied by the Commission under section 31(4)(b) (referred to in this Order as a Direction); or
(b)
any direction or decision made by an Appeal Committee under section 34(4) (referred to in this Order as a Decision),
must be made by an ex parte originating summons.
Evidence in support of application to register (O. 105, r. 4)
4.
—(1)  An application under section 30 to register in the District Court a Direction or Decision must be supported by an affidavit —
(a)
exhibiting the Direction or Decision sought to be registered or a verified or certified or otherwise duly authenticated copy thereof;
(b)
stating that the Commission is the party seeking to register the Direction or Decision;
(c)
stating the name and the usual or last known place of business or residence of the party against whom the Direction or Decision has been made so far as known to the deponent; and
(d)
stating to the best of the information or belief of the deponent that —
(i)
the Commission is entitled to enforce the Direction or Decision;
(ii)
as at the date of the application —
(A)
the Direction or Decision has not been appealed against and the time allowed for appealing has expired; or
(B)
all appeals against the Direction or Decision under section 34(1)(a) or (b) or section 35(1) or (4) have been finally disposed of and no further appeal is feasible;
(iii)
as at the date of the application, the Direction or Decision has not been complied with; and
(iv)
the amount of financial penalty imposed thereunder which remains unsatisfied, if applicable.
(2)  In addition, an affidavit supporting an application to register in the District Court a Direction must state that at the date of the application —
(a)
there has been no application made under section 31(1) to the Commission to reconsider the Direction and the time allowed to apply for reconsideration has expired; or
(b)
all applications made under section 31(1) to the Commission to reconsider the Direction have been finally disposed of and —
(i)
the decision of the Commission made under section 31(4)(b) upon reconsideration of the Direction has not been appealed against and the time allowed for appealing has expired; or
(ii)
all appeals against the decision of the Commission made under section 31(4)(b) upon reconsideration of the Direction have been finally disposed of and the time allowed for making a further appeal (where applicable) under section 34(1)(c) or section 35(1) or (4) has expired.
Order for registration (O. 105, r. 5)
5.
—(1)  An order in Form 230 to register a Direction or Decision must be drawn up by, or on behalf of, the Commission and served on the party against whom the Direction or Decision has been made.
(2)  Unless the Court otherwise directs, every order registering a Direction or Decision shall state the period within which an application may be made to set aside the registration of the Direction or Decision and shall contain a notification that execution on the Direction or Decision will not issue until after the expiry of that period.
(3)  Any application to extend the period to set aside the registration of the Direction or Decision (whether as originally fixed or as subsequently extended) must be made before the expiry of that period.
(4)  The Court may extend the period referred to in paragraph (3) on such terms as it thinks fit.
Register of Directions and Decisions (O. 105, r. 6)
6.  There shall be kept in the Registry a register of all the Directions and Decisions registered under this Order.
Notice of registration (O. 105, r. 7)
7.
—(1)  Notice of the registration of a Direction or Decision must be served on the party against whom the Direction or Decision has been made and subject to paragraph (2), must be served personally, unless the Court otherwise orders.
(2)  Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, Rules 3, 4 and 6, shall apply in relation to such a notice as they apply in relation to a writ.
(3)  The notice of registration must state —
(a)
full particulars of the Direction or Decision registered and the order for registration;
(b)
the name and address of the party seeking to enforce the Direction or Decision or of his solicitor on whom, and at which, any summons issued by the party against whom the Direction or Decision, as the case may be, has been made may be served;
(c)
that the party against whom the Direction or Decision has been made has a right to apply to have the registration set aside; and
(d)
the period within which an application to set aside the registration may be made.
Endorsement of service (O. 105, r. 8)
8.
—(1)  Within 3 days after service of the notice of registration or within such longer period as the Court may, in special circumstances, allow, the notice or a copy thereof must be endorsed by the person who served it with the day of the week and date on which it was served.
(2)  If the notice is not so endorsed within the period mentioned in paragraph (1), the person seeking to enforce the Direction or Decision to which the notice relates may not issue execution on the Direction or Decision without the leave of the Court.
(3)  Every affidavit of service of any such notice must state the date on which the notice was endorsed under this Rule.
Application to set aside registration (O. 105, r. 9)
9.
—(1)  An application to set aside the registration of a Direction or Decision must be made by summons supported by an affidavit.
(2)  The Court hearing such application may order any issue between —
(a)
the Commission and the party against whom the Direction or Decision is made; or
(b)
the complainant referred to in section 28(1) upon whose application a Direction or Decision is made and the party against whom the Direction or Decision is made,
to be tried in any manner in which an issue in an action may be ordered to be tried.
(3)  The Court hearing an application under this Rule to set aside the registration of a Direction or Decision may order the registration of the Direction or Decision to be set aside on such terms as it thinks fit.
Issue of execution (O. 105, r. 10)
10.
—(1)  Where, pursuant to Rule 5(2), there is a specified period within which an application may be made to set aside the registration of a Direction or Decision, execution shall not issue on the Direction or Decision until after the expiry of the specified period, or if that period has been extended by the Court, until after the expiry of that period so extended.
(2)  If an application is made to set aside the registration of a Direction or Decision, execution on the Direction or Decision shall not issue until after such application is disposed of.
(3)  Any party wishing to issue execution on a Direction or Decision registered in accordance with this Order must produce to the bailiff an affidavit of service of the notice of registration of the Direction or Decision and any order made by the Court in relation to the Direction or Decision.
Application for enforcement order under section 30(3) (O. 105, r. 11)
11.
—(1)  An application for any order specified in section 30(3) in relation to any Direction or Decision —
(a)
may be made together with, or at any time after, an application for registration under Rule 3 relating to that same Direction or Decision; and
(b)
shall not constitute execution on that Direction or Decision under Rule 10.
(2)  The application referred to in paragraph (1) may be made by summons supported by an affidavit and where the case is one of urgency, may be made ex parte.
(3)  The affidavit shall state —
(a)
the grounds relied upon by the applicant for the order sought; and
(b)
the appropriateness of the order sought in addressing the grounds relied upon by the applicant.
Notice to Commission of claim for relief in civil proceedings under section 32(1) (O. 105, r. 12)
12.  Where any claim is made for relief in civil proceedings under section 32(1), the plaintiff in those proceedings must serve a copy of the writ or originating summons to the Commission not later than 7 days after service of the writ or originating summons on the defendant.
Transmission to Commission of judgment or order of Court under section 32 (O. 105, r. 13)
13.  Any person who is granted any judgment or order by a Court pursuant to section 32 shall transmit a copy of the judgment or order to the Commission within 3 days after the date of the judgment or order.