Singapore Statutes Online - 5

Authorising Act | Legislative History | Amendment Annotation off

On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 01/04/2006.

ARREST OR ATTACHMENT
BEFORE JUDGMENT

Applications for arrest and attachment before judgment under section 13 or 17 (O. 74, r. 5)

—(1) An application under section 13 or 17 of the Act must be made by ex parte summons supported by an affidavit to a Judge in chambers, unless the Court otherwise orders.

(2) An affidavit under paragraph (1) and any order made thereon must be served on the defendant as soon as possible.

Endorsement and form or order (O. 74, r. 6)

—(1) An order of arrest or attachment of property before judgment must state the amount of claim and costs in respect of which it is issued, and before delivery to the Sheriff, be endorsed with the plaintiff’s address for service.

(2) An order under paragraph (1) must be in one of the forms in Form 187.

Plaintiff to provide defendant’s subsistence (O. 74, r. 7)

7. Rule 4 shall apply, with the necessary modifications, to a plaintiff at whose instance a defendant is arrested or committed under Part II of the Act.

Mode of seizure before judgment (O. 74, r. 8)

8. Any property liable to seizure under Part III of the Act shall be seized in the same manner as a seizure under a writ of seizure and sale.

Deposit against costs of attachment (O. 74, r. 9)

—(1) Before any order of attachment of property is executed, the plaintiff must deposit in the Registry a sufficient sum of money to defray the cost of the attachment and of keeping possession of the property.

(2) Order 46, Rules 12 and 13, shall apply with the necessary modifications to the sums of money deposited under this Rule.

Release on payment of claim and costs (O. 74, r. 10)

10. Where any property attached under an order of attachment is released by the Sheriff on the defendant paying to the Sheriff the sum stated in the order of attachment as the amount claimed by the plaintiff and costs as stated therein together with the costs of the execution up to the time of such payment, or under section 18 of the Act, the proper officer must give a receipt and keep the moneys in such place as directed by the Sheriff to abide by the order of the Court.

Claim by third party (O. 74, r. 11)

11. Any claim by a third party to property seized under Part III of the Act shall be dealt with in the manner relating to interpleader proceedings.