SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
the court may also order written submissions to be filed with a selection of authorities. The court may also direct parties to file an SAPT Checklist indicating the parties’ preferred sequence of the matters set out in the SAPT, and the court will then issue directions on the SAPT to inform par- ties of the sequence of the matters to be heard for the respective SAPTs. The SAPTs can be dis- posed of over several hearings. There are two potential scenarios where a party may wish to file applications at a time other than as directed by the court for the filing of SAPTs: • where a party is seeking one or more reliefs specified in Order 9 Rule 9(7) of the ROC, namely: (a) an injunction or a search order, which may include an application for any other matter if it is incidental to the injunction or search order; (b) substituted service; (c) service out of Singapore; (d) setting aside service of an originating process; (e) judgment in default of a notice of inten- tion to contest or not contest an originat- ing claim; (f) judgment in default of defence; (g) summary judgment; (h) striking out of the whole of an action or defence; (i) stay of the whole action; (j) stay of enforcement of a judgment or order; (k) an enforcement order; (l) permission to appeal; (m) transfer of proceedings under the State Courts Act; (n) setting aside third-party proceedings; or (o) permission to make an application for a committal order; or
• where permission has been obtained from the court for an application to be filed – permis- sion must be sought by a letter to court set- ting out the essence of the intended applica- tion and the reasons why it is necessary at that stage of the proceedings. The court may deal with the request by letter summarily or fix a case conference to deal with the matter. No application may be taken out during the peri- od starting 14 days before the commencement of the trial and ending when the court has deter- mined the merits of the action, except in a spe- cial case and with the trial judge’s approval. The trial judge’s approval must be sought by letter setting out the essence of the intended applica- tion and explaining why there is a special case. 4.2 Early Judgment Applications A party can apply for early judgment through the summary judgment procedure. A summary judgment application has to be made no later than 28 days after the date of service of the defence or defence to counterclaim, as the case may be. The application has to be made by way of a summons supported by affidavits containing all the evidence that is necessary or material to the claim. The defendant can file rebuttal affidavits within 14 days after service, with a further right of reply by the claimant within 14 days after service of the defendant’s affida- vits. The claimant bears the burden of showing a prima facie, case for summary judgment. If this is met, the defendant must establish a fair or reasonable probability that the defence is real or bona fide. A party can apply to strike out an unmeritorious claim or defence on the ground that:
1239 CHAMBERS.COM
Powered by FlippingBook