SINGAPORE Law and Practice Contributed by: Foo Yuet Min, Kong Man Er, Shumin Lin and See Chern Yang, Drew & Napier LLC
notice, the applicant’s solicitors must inform the court of: • the attempts that were made to notify the other parties of the application; • what documents were given to the other par- ties and when they were given; and • whether the other parties consent to the application being heard without their pres- ence. The judge hearing the application decides whether it should proceed without notice, or whether it should be heard with notice given to the defendant if the case is not sufficiently urgent. 6.4 Liability for Damages for the Applicant To obtain an interim injunction, the applicant must undertake to the court that it will comply with any order to compensate the respondent for any loss the court might later find resulted wrongfully from the order for injunctive relief. If the applicant does not give the undertaking, the court will usually refuse the injunction. Where the applicant provides an undertaking, the court may, in an appropriate case, require the applicant to support the undertaking by a payment into court, by providing a bond from an insurance company, a bank guarantee or a payment to the applicant’s solicitor to be held by the solicitor as an officer of the court pending further order. 6.5 Respondent’s Worldwide Assets and Injunctive Relief An injunction prohibiting the disposal of world- wide assets can be granted to restrain a defend- ant from dealing with assets located abroad, within several foreign jurisdictions or where
some of the assets are within the jurisdiction and some are abroad. 6.6 Third Parties and Injunctive Relief An injunction prohibiting the disposal of assets can be obtained to restrain a third party from removing or dealing with the defendant’s assets that are known or believed to be in the hands of a third party, and if there are grounds for believ- ing that the assets may be disposed of to avoid execution. 6.7 Consequences of a Respondent’s Non-compliance A party who fails to comply with the terms of an injunction may be in contempt of court, which is punishable by a fine of up to SGD100,000 or imprisonment for up to three years, or both, unless the party shows that the non-compliance was wholly or substantially attributable to an honest and reasonable failure to understand the obligation imposed on that party and that the party ought fairly to be excused. 7. Trials and Hearings 7.1 Trial Proceedings Trials are typically held in public before a single judge. The claimant will first need to file the Notice for Setting Down Action for Trial, in accordance with the Practice Directions. The parties will file and exchange the affidavits of the factual and expert witnesses (whose reports will be annexed to their affidavits) well before the trial. Bundles of documents and opening statements will be exchanged just before the trial. The trial judge will normally review these materials before the trial and give appropriate directions for the con- duct of the trial.
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