SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
• prohibitory injunctions, which restrain a party from performing a wrongful act; • proprietary injunctions, which restrain the defendant from dealing with a particular asset and its traceable proceeds; • Mareva injunctions, or injunctions prohibit- ing the disposal of assets, which restrain a defendant from dealing with the defendant’s assets so that the defendant cannot dispose of them to defeat pending claims (including worldwide Mareva injunctions); and • anti-suit injunctions, which restrain a party from commencing, or continuing to pros- ecute, proceedings in another country. Under the ROC 2014, the court could grant mandatory injunctions requiring the defendant to permit the claimant to enter the defendant’s premises to inspect and seize possession of specified documents relating to the subject mat- ter of the cause to keep them in safe custody. This was replaced in ROC 2021 by the search order, which serves the same function. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Paragraph 85 of the Supreme Court Practice Directions deals with applications for interim injunctions outside of the court’s office hours. If an application for an interim injunction is so urgent it cannot wait to be heard the next work- ing day, counsel can contact the duty registrar, who will arrange for a hearing to take place. Such hearing may take place in court or at any place as directed by the judge or registrar hear- ing the matter. The applicant must ensure that all the applica- tion papers and the appropriate draft orders have been prepared. If the documents have yet to be filed in court when the counsel seeks an urgent hearing, the applicant must undertake
to the registrar processing the application to have these documents filed no later than the next working day. The registrar may also direct counsel to send the application and supporting documents by email if the application is of suf- ficient urgency. Counsel must also ensure that all applicable notice requirements are complied with; see 6.3 Availability of Injunctive Relief on an Ex Parte Basis . 6.3 Availability of Injunctive Relief on an Ex Parte Basis All applications should generally be heard inter partes, including applications for injunctive relief. In exceptional circumstances, injunctive relief can be sought without notice to the defendant. Under paragraph 71 of the Practice Directions, any party applying for an injunction without notice must still give notice to the other parties concerned. The notice may be given by way of email or, in cases of extreme urgency, orally by telephone. The notice should inform the other parties of the date, time and place fixed for the hearing and the nature of the relief sought. If possible, a copy of the relevant court documents should be provided. Except in cases of extreme urgency or with the permission of the court, the party must give a minimum of two hours’ notice to the other parties before the hearing. Notice need not be given if doing so would or might defeat the purpose of the application without notice. The reasons for not following the Practice Directions should be clearly set out in the supporting affidavit for the application with- out notice. If any of the other parties are not present or rep- resented at the hearing of the application without
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