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Singapore Civil Procedure 2017

 

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Singapore Civil Procedure 2017
Dec 2016
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Volume: 2 Volumes with at least 2 Supplements in 2017


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2017 Mainwork, what is new?
 
Order 1: Citation, Application, Definitions and Forms
Family Justice Rules came into effect on the 1 January 2015, so are no longer included as part of the Rules of Court. All references to Family Justice Rules have effectively been deleted from the RHC.
 
Order 11: Service of Process Out of Singapore
- Cases in which service out of Singapore is permissible (O.11, r.1) The court is not limited to considering only the cause or causes of action expressly mentioned in the writ or statement of claim. In William Jacks & Co (Singapore) Pte Ltd v Nelson Honey & Marketing (NZ) Ltd [2015] SGHCR. 21, it was decided that subject to considerations of abuse of process, “a plaintiff may rely on a cause of action and/or a O 11 head of jurisdiction in an inter partes application by the defendant to set aside service ex juris, even if the cause of action and/or O 11 head of jurisdiction was not relied upon in the initial ex parte application for service ex juris”.
-Discretion and forum conveniens Fan Heli v Zhang Shujing [2016] 1 SLR 1457
-New paragraph on Contracts made in Singapore, or made as a result of an essential step being taken in Singapore— William Jacks & Co (Singapore) Pte Ltd v Nelson Honey & Marketing (NZ) Ltd [2015] SGHCR. 21.
 
Order 14: Summary Judgment and Disposal of Case on Point of Law
-          Proceeding on part of a claim -  Sim Keng Seng (trading as Kim Seng Ship Building) v New West Coast Shipyard Pte Ltd [2016] SGHCR 2
 
Order 18: Pleadings
“Confess and avoid” -  (SCT Technologies Pte Ltd v. Western Copper Co Ltd [2016] 1 SLR 1471
Specifying relief or remedy claimed.  Arelief or remedy that must be expressly pleaded for: Singapore Swimming Club v. Koh Sin Chong Freddie [2016] SGCA 28,
Striking out pleadings and endorsements (O.18,r.19): It was held by the Court of Appeal in Attorney-General v. Aljunied-Hougang-Punggol East Town Council [2016] 1 SLR 915
Lack of standing: Madan Mohan Singh v. Attorney-General [2015] 2 SLR 1085
 
Order 23: Security for Costs
-The quantum of security for costs is only a reasonable estimate, made at the time of the order, of expected costs. See: Seng You Morris v International Bank of Qatar [2016] SGHC 22.
 
Order 24: Discovery and Inspection of Documents
-Privilege, admissibility and confidentiality are distinct concepts, and they should not be confused.
- Communications privileged only when litigation was contemplated or pending  ; Mykytowych, Pamela Jane v V I P Hotel [2016] SGCA 44
- Confidentiality is not an absolute bar where a party seeks discovery of documents generated in an arbitration, and the court may order disclosure if it considers it relevant and necessary for the fair disposal of the case (AAY v AAZ [2011] 1 SLR 1093 at [53]; Long Well Group Ltd v Commerzbank AG [2016] SGHC 158
- The court may order disclosure of documents generated in an arbitration if the court considers it relevant and necessary for the fair disposal of the case (AAY v AAZ [2011] 1 SLR 1093 at [53]; Long Well Group Ltd v Commerzbank AG [2016] SGHC 158.
- Discovery by non-party- La Dolce Vita Fine Dining Co Ltd v Deutsche Bank AG [2016] SGHC 159
 
Order 27: Admissions
Exercise of the court’s discretion to allow a party to amend or withdraw admission: Precious Shipping Public Company Ltd v O.W. Bunker Far East (Singapore) Pte Ltd [2015] SGHC 187
Admission and production of documents specified in list of documents (O.27, r.4)
 
Order 28: Originating Summons Procedure
TDA v TCZ [2016] SGHC 63, where Judith Prakash J was considering the application of Rule 512 of the Family Justice Rules, a provision which is materially similar to Order 28 rule 8.
 
Order 29: Interlocutory Injunctions, Interim – Preservation of
Property, Interim Payments, etc
-          Challenger Technologies Ltd v Courts (Singapore) Pte Ltd [2015] 5 SLR 679, where the court dismissed the plaintiff’s application for an interim injunction to restrain the defendant’s marketing campaign on the grounds that it amounted inter alia to trademark infringement.
-          Enforcing undertaking—inquiry as to damages
-          Astro Nusantara International BV v PT Ayunda Prima Mitra [2016] 2 SLR 737
 
-          Peh Yeng Yok v Tembusu Systems Pte Ltd (formerly known as Tembusu Terminals Pte Ltd) [2016] 2 SLR 781, the court set aside a search order on the grounds, inter alia, that the harm caused to the defendant company would be out of proportion to the legitimate object of the order, having regard to the company’s need for fresh funding and the adverse effect which the search order would have on potential investors’ confidence
 
Order 30: Receivers
The Singapore courts have expressed a desire that a system of costs scheduling be adopted and have formulated a detailed set of guidelines, though this remains non-mandatory (See the annex to Kao Chai-Chau Linda v Fong Wai Lyn Carolyn [2016] 1 SLR 21
 
Order 36: Trials before and Inquiries by Registrar
-          AOD v. AOE [2016] 1 SLR 217
 
Order 38: Evidence: General
New paragraph 38/0/5 introducing the Singapore International Commercial Court
 
Order 51: Receivers: Equitable Receivers
Appointment of receivers by way of equitable execution (O.51, r.1);
Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy [2015] EWHC 1930 (Comm) at [12]; JSC VTB Bank v Skurikhin [2015] EWHC 2131 (Comm) at [35]
 
Order 55D: Appeals from State Courts.
Commentary to almost every rule in this section is substantially updated and re-written.
 
Order 57: Appeals to the Court of Appeal
-          Failure to obtain leave  When in doubt about whether leave to appeal need be sought, , the proper approach would be to seek a declaration from the judge: The “Chem Orchid” [2016] 2 SLR 50
-          SGB Starkstrom Pte Ltd v. Commissioner for Labour [2016] SGCA 27;
-          Attorney-General v Aljunied-Hougang-Punggol East Town Council [2016] 1 SLR 915
-          Lian Kok Hong v. Lian Bee Leng [2016] SGCA 24
 
Order 60: The Registry
Paragraphs on Jurisdiction, powers and duties ss. 12, 13 State Courts Act (Cap. 321, 2007 Rev. Ed.) & ; - ss. 15, 16 Family Justice Act (Act 27 of 2014)  added.
New paragraphs under ‘Right to search information and inspect, etc., certain documents filed in Registry (O.60, r.4)’ on:
-          Searches of information maintained by the Registry
-          Inspection of documents in the Registry
-          Leave of the registrar
-          Any of the documents filed in the Registry
-          Exceptions to general rule in O.60, r.4
-           
Order 62: Service of Documents
-          Commentary on ‘Company with registered office — Companies Act (Cap. 50, 2006 Rev. Ed.) s.387’ replaced entirely.
-          Substituted service (O.62, r.5) The commentary for this entire section has been substantially revised.
 
Order 87: Trade Marks Act
-          New sections of “Parties” and “ Stay of Proceedings” added.
-          (O.87, r.3) Proceedings for infringement of registered trade mark: Validity of registration disputed  Entire commentary for this section, which is the crux of the Order, is replaced and revised.
 
ORDER 89A CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT
This Order has been substantially revised since June 2016, when new rules 10A to 10F have been added to the legislation.
 
Order 90A: Hearing Fees
Order renamed:
-          Order 90A Hearing Fees and Court ADR fees.
 
-          Court ADR fees were introduced for all Court ADR services in a District Court (See Rules of Court (Amendment) Rules 2015 (S 175/2015)) except for certain types of actions listed in O. 90A R. 5A.
New section 5A added –
Court ADR fees in District Court (O. 90A, r. 5A)
 
Volume II
Updates to:
 
Arbitration Act
 
Stay of legal proceedings: The court’s discretion under s.6 of the AA “should be exercised sparingly and in a principled way”: Sim Chay Koon v NTUC Income Insurance Co-operative Ltd [2015] SGCA 46.
-          Maybank Kim Eng Securities Pte Ltd v Lim Keng Yong [2016] SGHC 68
-          AUF v AUG [2015] SGHC 305
-          AKN v ALC [2016] 1 S.L.R. 966
                                                                                                     
 
International Arbitration Act
Part II: International Commercial Arbitration
 
-          Cassa di Risparmio di Parma e Piacenza SpA v Rals International Pte Ltd [2016] 1 S.L.R. 79.
-          Malini Ventura v Knight Capital Pte Ltd [2015] 5 SLR 707
-          Tomolugen Holdings Ltd v Silicia Investors Ltd [2016] 1 S.L.R 373
-          AKN v ALC [2016] 1 S.L.R. 966
-          Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2015] 1 S.L.R. 114
 
Supreme Court of Judicature Act – Commentary updated
State Courts Act – Commentary updated. 
------------ ---------- -------- --------- --------------- --------------- ------------ ------------------ ------------
Order 2: Effect of Non-Compliance
Order 3: Time.
Order 4: Consolidation of Proceedings
Order 6: Writs of Summons: General Provisions.
Order 10: Service of Originating Process: General Provisions
Order 25: Summons for Directions
Order 35: Proceedings at Trial
Order 37: Assessment of Damages
Order 38A: Official Record of Hearing
Order 50: Stop Orders, etc
Order 63A: Electronic Filing and Service
Order 90: Lodgment in Court, Money in the Registry and
Payment to Sheriff
Order 90B: Court Fees for Core

    

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