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CIVIL LITIGATION, Appeals, 3P & Similar Proceedings O10, Summary…

- - - - PF: O6r11
        
        OA in Form 16 or Form 15 (if OA must be served)
        
        Supported by Affidavit must contain all evidence necessary and material to claim
        
        Serve on DF
        
        DF
        File and serve DF's Affidavit in Reply - within 21 days / 5 weeks : O6r12(1) and 12(2)
        
        Include Counterclaim if any (O6r14)
        
        If challenging J , no need merits
    - - PF----------------------------------------
        OC in Form 8 Appendix A SCPD: O6r5(1)
        
        Endorse OC with SOC in Form 9 / General Endorsement (O6r5(1))
        
        Valid from 3 months after Registrar seals the OC (renewable O6r3(2))
        
        Serve on DF
        
        DF: Within 14/s28 days, File notice of intention to contest or not - Form 10 (O6r6(3))
        
        NO Notice
        
        Notice filed but DF does not intend to contest
        
        No Defence filed
        
        Default Judgment : p108
        PF can
        
        Apply for default judgment via Form 11 + File Memorandum of Service in Form 12
        
        use Form 14 + 12 for 3rd situation
        
        Yes, filed
        
        DF Serve Defence
        After service of SOC on DF, serve defence within 21 days / 5 weeks.
        
        Use Form 13: O6r7(3)
        
        State if Challenging J (O6r7(4)–7(6))
        
        DF's Counterclaim: O6r7(8): Form 13, served with defence
        
        2 more items...
      - NOTE
        See AEICs and SAPTs below
    - - SERVICE IN
        PF must take reasonable steps to effect Personal Service of OC/OA (O6r4, SCPD p64)
        
        who (O7r7(2))
        
        how (O7r7(1))
        
        consequences of non-service e.g. dismiss action (O9r5)
        
        Substituted Service if personal service is impracticable after 2 attempts (O7r7, SCPD p65)
      - SERVICE OUT
        
        PF must get leave
        O8r1(1) Show that SG court has
        
        Jurisdiction OR
        
        Appropriate court (sufficient nexus to SG, forum conveniens, serious question)
        
        Form 2 Summons w/o notice + Supporting Affidavit
        
        duty of full & frank disclosure (Manharlal)
        
        How to serve out?
        
        6 Modes (O8r2)
        
        Additional mode for DF in MY or Brunei (O8r3)
        
        For actions issued in State Courts, must trf to Registrar of Supreme Court
- - - - Step 2: SAPT from PF and DF
        
        Contains all interlocutory applications, to prevent piecemeal litigation
        
        see SAPT map
        
        O9r 9(5)
        
        SAPT Application + SA filed and served 21 days after CC
        
        Other party to file and serve affidavit in reply 21 days later
        
        SAPT Checklist is intended for parties to indicate their preferred sequence of the matters set out in the SAPT. Filed at least 1 week before the RCC
    - - General O11r2(1)
        
        14 days after CC
        
        (a) All docs relied on
        (b) All adverse docs
        (c) All docs within broader discovery agreed or ordered by court
        (-) No produce = no rely
        
        Continuing duty to produce (o11r6)
        
        Confidentiality not reason for non-P (o11r9)
        
        Purpose limitation ((o11r10) / RIDDICK
        
        No train of inquiry
        
        No private/ internal correspondence
        
        No privileged docs
        
        consequences of non-compliance O11r7
        
        striking out, adverse inference, contempt
        
        WHAT ARE "Documents" ??
        
        written docs, pictures
        
        devices
        
        film with visual images
      - Specific O11r3(1)
        
        Produce upon request by other party
  - - - NO NEED PERMISSION for: o9r9(7)
        e.g. injunction, service out, setting aside, striking out whole action, stay, summary judgment etc.
      - Use Form B9
        
        If 14 days left until trial/during trial, explain special case
    - - (b) Consolidation, Joint Trials, Consecutive Trials or Stays (o9r11)
        
        common question of law
        
        claim based on same facts
      - (d) Security for Costs (o9r12)
        Applied by DF against PF.
        (in counterclaim, DF is PF)
        
        Requirement 1: Which Ground?
        
        (a) PF ordinarily resident out of SG
        
        (b) Nominal claimant suing for 3P's benefit + likely unable to pay successful DF's costs
        
        (c) PF wrong address in OC/OA to evade paying costs
        
        Requirement 2: Court's Discretion
        (-) Strength of PF's claim
        (-) PF in SG
        (+) PF complex claim cos higher cost
        (-) Security would stifle PF's claim
        (-) PF's poorness caused by DF
        
        USE FORM 1 SUMMONS + Personal Service
      - (a) Addition & Removal of Parties (o9r10)
      - (e) Further & Better Particulars (o9r13)
        
        FBP request should relate to material facts or evidence (sharikat logistics)
        
        Use Form B10 summary table if >5 categories of particulars requested or if application is contested - see p68 SCPD
      - (f) Amendment of Pleadings (o9r14)
        
        Rule: Must apply to Court to amend pleadings (O9r14(1)
        (a) New events occurring after OC filed may be pleaded only in special case: O9R 14(2)
        (b) No amendment less than 14 days before trial starts, unless special case: O9R14(3
        see pre-write for test
        
        Specific Issue : Amendments after limitation period: O9r14(4)
        
        Inquiry: does amendment prejudice DF?
        
        NO
        
        Amendment Allowed
        
        YES
        If the amendment may prejudice the other party's limitation defence, only allowed if it falls under O9r14(4)(a)-(c)
        
        (a) Correct Name (which may even substitute a new party)
        
        (b) Alter Capacity in which a party sues
        
        (c) Add or Substitute a new cause of action arising from same facts
        
        Permission Not Required if :
        (-) Amendment pursuant to written agreement between parties
        (-) Amendment made at least 14 days before trial begins
      - (h) Striking Out
        
        Whole claim or defence
        
        Outside SAPT (o9r9(7))
        No need Court Approval
        
        3 Alternative Grounds for Striking Out Partial / Whole Claim or Defence
        (o9r16(1)
        
        (b) Abuse of Court
        Chee Siok Chin
        
        Deception
        
        Collateral motive
        
        Groundless proceedings
        
        Vexation / Oppression
        
        (c) IOJ
        
        (a) No reasonable cause of action or defence
- - - - Must be material contribution + Relevant issue cannot be resolved by mutually agreed materials
      - O12 r2(4): Court may reject expert if
        
        impartial
        
        not expert enough
      - 1 common expert
        Otherwise, testify as panel
  - - - Step 1:
        Form 29 Order to Attend Court (O14r4(1)) + Personal Service on witness 28 days before hearing (O14r4(3))
      - Step 2: Witness Set aside or Revoke Order
        (-) Frivolous or Scandalous
        (-) Irrelevant documents sought, abuse of process, collateral purpose
      - Step 3: Appeal for review of revocation (O 15 R 4(5))
        
        Apply by summons supported by affidavit within 14 days (O 15 R 4(6))
  - - - Step 1: Pre-requisites
        
        Witness < 18
        
        Expressly agreed between parties
        
        Witness overseas ; or
        
        IOJ
      - Step 2: Factors S64A(2) EA
        
        Reasons for W being unable (and not unwilling) to give evidence in SG
        
        Got stable connection?
        
        Whether any party to the proceedings would be unfairly prejudiced
      - Step 3: Letter of Request where Witness outside SG + Required by that Jurisdiction: O15r5
        
        Apply to GDHC
        
        Order in Form 30
        
        Application by summons with affidavit setting out basis for application
        
        Once Order for Letter is made:
        
        (1) Applicant to prepare letter in Form 17 or Hague Evidence Convention +
        
        (2) File in the Registry an undertaking in Form 18.
- - - - Clear showing of fraud, dishonesty, contumacy or imminent removal or destruction of property or evidence
        
        Necessity in IOJ
        
        4 Conditions (Asian Corp Services)
        a. PF extremely strong prima facie case
        b. Damage suffered by PF would be very serious
        c. Real possibility that DF would destroy documents
        d. Anton Piller order must be proportionate to the legitimate object of the order
        
        Balance of Injustice: The order should not be made unless it appears that, without the order, the plaintiff will be likely to suffer a greater injustice than that which the court, by making the order, will be inflicting on the defendant
    - - 2 Modes of Application + Affidavit (same as interloc injunction)
        Form 26: O13r1(8)
  - - - Step 1: Procedure
        
        2 Modes of Application + Affidavit (same as interloc injunction)
        Form 24: Local (O13r1(6))
        Form 25: Worldwide (O13r1(7))
      - Step 2: Requirements
        
        -------------World-------------------
        
        Good arguable case
        
        Insufficient assets within jurisdiction + assets overseas
        
        Real risk of asset dissipation
        
        MI in aid of foreign proceedings (Bi Xiaoqing)
        
        -------------Local-------------------
        
        Valid cause of action
        
        Good arguable case
        
        DF has assets within jurisdiction
        
        Real risk of asset dissipation
        
        Post-judgment MI in aid of execution debt (JTrust Asia)
        
        Real risk of DF dissipating assets against judgment debt
        
        Injunction would aid execution
        
        IOJ
      - Step 3: Accompanying Orders
        i.e. Ancillary Asset Disclosure requiring DF to disclose ALL assets etc.
        See Sea Trucks Offshore
        Step 4: Costs
        If PF wins, DF pays. Vice versa
    - - Situation 1: AFTER OP issued - application by summons without notice + affidavit
        Situation 2: **Urgent cases** i.e. BEFORE OP issued - OA without notice + affidavit
      - Affidavit must state urgency + explain why DF should not be notified of the filing of the application + merits of application: O13r1(3) + Para 73 SCPD
      - Other requirements: Duty of Disclosure
        Must disclose to the Court all material facts, including adverse ones (O13r1(5)).
        Otherwise, court might discharge the injunction
        See Tay Long Kee Impex
- - - - P112 SCPD
  - - - Registrar Decisions on an assessment of damages or taking of accounts
      - A decision of an Appellate Court on an application by summons in an appeal under O18 or O19
      - For appeals against decisions regarding application in action
        (+) Second appeal
        (+) Third appeal
        
        "Applications in an action"
        
        Applications taken out after the action is commenced
        
        Applications made for any consequential or incidental matter after judgement is given in the trial of an OC or hearing on the merits in an OA
        
        Applications for the enforcement of a judgment or order
        
        (-) Applications on same day as hearing of merits of OP
        
        (-) O19 applications
    - - Appeals against
        
        GDHC judgments
        
        ADHC judgments
      - Appeal to ADHC/SGCA
      - Appeals against State Court's
        
        wrt OC trials, including summary judgments/dismissals e.g. where judgment is given or the action is dismissed at trial because one or more parties are absent
        
        After damages are assessed or accounts are taken by a District Judge
        
        wrt an application for a committal order for contempt of Court
      - Applications to ADHC/AC relating to an appeal from the above
  - - - Step 1: Enforcement Order + Applicant's Obligations When Requesting for Sheriff's Attendance
      - Step 2: ER's notice of Objection
      - Step 3: Sheriff's obligations when carrying out enforcement order
- - - - (+)
        
        Unconditional / conditional permission to defend
        
        Setting aside
        
        Refusing to strike out
        
        Refusing to amend a pleading
        
        Security for costs
        
        Giving / refusing discovery or inspection
        
        Refusing a stay
        
        Only issue in appeal relates to costs or fees for hearing dates
        
        Summary decisions
      - (+) Orders at a hearing of an interlocutory application
        (-) Para 3(l) SCJA Appealing orders made at interlocutory application for _X__
        where X = summary judgment, security for costs, striking out, setting aside DJ, FBP, stay, interrogatories, amendment, discovery, dismissal
- - - - O18 Appeal Trf
        Timeline
        
        Application Rule 35.
        File + Serve within 14 days after the date on which the parties’ substantive written submissions are required to be filed and served.
        O18 r40(4)
      - O19 Appeal Trf
        Timeline
        
        Application Rule 35.
        File + Serve within 14 days after the date of service of the respondent’s Case.
        O19 r39(4)
- - - - O18 Appeal
        Trf Timeline
        
        Filed and served within 14 days after the date of service of the notice of appeal on all parties who have an interest in the appeal
        O 18 r 41
      - O19 Appeal
        Trf Timeline
        
        same as O18: O 19 r 40(2)
- - - - Specific situations
        
        Appeals against SICC
        
        Other written law
        
        GD decisions wrt Mediation
      - Specific statutes
        
        Parliamentary / Presidential Elections Act
        
        Administration of Justice Act
        
        IAA / AA
        
        Competition Act
        
        MPA
        
        Patents Act
        
        PDPA
        
        POFMA
      - Specific area of law
        
        Constitutional
        
        Contempt of Court
        
        Arbitration
        
        Insolvency
        
        Patents
        
        Shipping
- - - - Step 2: DF Issue 3P Notice
        after filing notice of intention to / not to contest
        
        3P Notice - Issue form 20 / 21 of PF claims against DF
        
        Serve on 3P + copy of OC/OA and any pleadings O 10 r 3(2)
        
        For OA, DF must apply to court for directions within the next 14 days
        O 10 r 4(2)(b) - see yellow