No. S 671
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 2) Rules 2004
In exercise of the powers conferred on us by section 80 of the Supreme Court of Judicature Act and all other powers enabling us under any written law, we, the Rules Committee, hereby make the following Rules:
Citation and commencement
1.—(1)  These Rules may be cited as the Rules of Court (Amendment No. 2) Rules 2004 and shall come into operation on 1st December 2004.
(2)  Rule 2 shall apply to originating motions and interlocutory motions filed on or after 1st December 2004.
(3)  Rules 3, 4 and 11 shall apply to proceedings commenced on or after 1st December 2004.
(4)  Rule 5 shall apply to originating summonses and interpleader summonses filed on or after 1st December 2004.
(5)  Rules 6 and 14(a) shall apply to actions begun by writ in the High Court where the trial commences on or after 8th December 2004.
(6)  Rules 9(a), (c) and (d), 13 and 14(b) shall apply to writs of executions issued on or after 1st December 2004.
(7)  Rule 10 shall apply to applications for leave to apply for an order of certiorari in respect of any judgment, order or conviction made on or after 1st December 2004 or in respect of any other proceeding commenced on or after that date.
Amendment of Order 8
2.  Order 8, Rule 2 of the Rules of Court (R 5, 2004 Ed.) (referred to in these Rules as the principal Rules) is amended by deleting paragraph (2) and substituting the following paragraph:
(2)  Unless the Court gives leave to the contrary ––
(a)there must be at least 7 clear days between the service of notice of an originating motion and the day named in the notice for hearing the motion; and
(b)a notice of any other motion must be served within 3 days of its date of issue and there must be at least 7 clear days between the service of notice of motion and the day named in the notice for hearing the motion.”.
Amendment of Order 12
3.  Order 12, Rule 7 of the principal Rules is amended ––
(a)by deleting paragraphs (2) and (3) and substituting the following paragraphs:
(2)  A defendant who wishes to contend that the Court should not assume jurisdiction over the action on the ground that Singapore is not the proper forum for the dispute shall enter an appearance and, within the time limited for filing a defence, apply to Court for an order staying the proceedings.
(3)  An application under paragraph (1) or (2) must be made by summons supported by an affidavit verifying the facts on which the application is based and a copy of the affidavit must be served with the summons.”;
(b)by inserting, immediately after the words “paragraph (1)” in paragraph (4), the words “or (2)”; and
(c)by deleting the rule heading and substituting the following rule heading:
Dispute as to jurisdiction, etc. (O. 12, r. 7)”.
Amendment of Order 14
4.  Order 14, Rule 14 of the principal Rules is amended by deleting the words “14 days” and substituting the words “28 days”.
Amendment of Order 17
5.  Order 17, Rule 4 of the principal Rules is amended —
(a)by deleting the word “personally” in paragraph (1); and
(b)by inserting, immediately after paragraph (1), the following paragraphs:
(1A)  The originating summons referred to in paragraph (1) must be served personally.
(1B)  The interpleader summons referred to in paragraph (1) need not be served personally unless ordered by the Court.”.
Amendment of Order 34
6.  Order 34, Rule 3A(1) of the principal Rules is amended —
(a)by deleting the word “and” at the end of sub-paragraph (a); and
(b)by deleting the full-stop at the end of sub-paragraph (b) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:
(c)where the trial is in the High Court, opening statements of all parties as may be prescribed in any practice directions for the time being issued by the Registrar.”.
Amendment of Order 41
7.  Order 41 of the principal Rules is amended by deleting Rule 12 and substituting the following Rule:
Affidavit taken outside Singapore admissible without proof of seal, etc. (O. 41, r. 12)
12.  A document purporting to have affixed or impressed thereon or subscribed thereto the seal or signature of a court, judge, notary public or person having authority to administer oaths in any country in testimony of an affidavit being taken before it or him shall be admitted in evidence without proof of the seal or signature being the seal or signature of that court, judge, notary public or person.”.
Amendment of Order 45
8.  Order 45 of the principal Rules is amended by inserting, immediately after Rule 11, the following Rule:
Matters occurring after judgment: Enforcement Conference (O. 45, r. 11A)
11A.  Notwithstanding anything in these Rules, the Court may, at any time after the commencement of any execution proceedings, of its own motion or upon written request by any party, direct any party to those proceedings to appear before it, in order that the Court may make such order or give such direction as it thinks fit, for the just, expeditious and economical disposal of such proceedings including striking out of any writ of execution.”.
Amendment of Order 46
9.  Order 46 of the principal Rules is amended ––
(a)by deleting the words “in one of the forms” in Rule 4(2);
(b)by inserting, immediately after paragraph (2) of Rule 6, the following paragraph:
(2A)  For the purposes of this Rule, “wholly executed” means ––
(a)in the case of a writ of seizure and sale, the sale of all the seized property by the Sheriff;
(b)in the case of a writ of delivery, the transfer of possession of the movable property by the Sheriff to the judgment creditor; and
(c)in the case of a writ of possession, the transfer of possession of the immovable property by the Sheriff to the judgment creditor.”;
(c)by deleting the words “Form 93A” in Rule 11(1)(b) and substituting the words “Form 92 or 93A”;
(d)by deleting paragraph (2) of Rule 11 and substituting the following paragraphs:
(2)  Where the execution creditor has caused a date appointed for the execution to be vacated or postponed, the Sheriff may, if he thinks that such vacation or postponement is without good reason, direct that any fee paid and expenses incurred by the execution creditor in respect of the appointment shall not be recovered by the execution creditor as a disbursement.
(3)  For the purposes of paragraph (2), where the execution creditor has filed a praecipe in Form 92, the fee for the request for a date to be appointed shall be limited to the amount specified in item 104 of Appendix B.”;
(e)by inserting, immediately after the words “Subject to these Rules” in the 1st line of Rule 17(3), the words “and any written law”;
(f)by deleting the words “licensed auctioneer” wherever they appear in Rule 24 (including rule heading) and substituting in each case the words “authorised auctioneer”; and
(g)by deleting the words “2 days” in Rule 24(1) and substituting the words “14 days”.
Amendment of Order 53
10.  Order 53, Rule 1(6) of the principal Rules is amended by deleting the words “6 months” in the 4th line and substituting the words “3 months”.
Amendment of Order 83
11.  Order 83, Rule 3(3) of the principal Rules is amended by deleting sub-paragraphs (a) to (d) and substituting the following sub-paragraphs:
(a)the amount and number of any instalments in arrears at the date of issue of the originating summons and at the date of the affidavit; and
(b)the amount remaining due under the mortgage.”.
Amendment of Order 88
12.  Order 88, Rule 2(2) of the principal Rules is amended by deleting sub-paragraph (c).
Amendment of Appendix A
13.  Appendix A of the principal Rules is amended by deleting Form 92 and substituting the following Form:
92.
O. 46, r. 4
PRAECIPE FOR WRIT OF EXECUTION
(Title as in action)
 
Name of person entitled to execution (“Judgment Creditor”):
 
Address of Judgment Creditor:
 
Name of Solicitor for Judgment Creditor:
 
Address of Solicitor for Judgment Creditor:
 
Hereby request the Registrar to issue a:
 
 
(1)*  Writ of Seizure and Sale against the person subject to execution (“Judgment Debtor”) at the Address of Execution to levy the amount which remains unsatisfied under the Judgment/Order obtained by the Judgment Creditor plus the costs and disbursements of this execution.
 
 
Name of Judgment Debtor:
 
Address of Execution:
 
Amount to be levied:
 
Attached herewith is a copy each of the —
 
(a)Judgment / Order duly sealed; and
 
(b)Calculation explaining the sums to be levied set out in Annex A.
 
 
(2)*  Writ of Delivery against the Judgment Debtor at the Address of Execution for delivery of the movable property described below (“the Movable Property”) pursuant to the Judgment/Order obtained by the Judgment Creditor and which the Judgment Debtor has failed to comply with (and if the Movable Property cannot be found, to levy the amount being the value thereof as assessed by the Court in the said Judgment/Order).
 
 
[And further to issue a Writ of Seizure and Sale as in (1) above].
 
Description of the Movable Property: (insert particulars)
 
 
(3)*  Writ of Possession against the Judgment Debtor at the Address of Execution to deliver possession thereon pursuant to the Judgment/Order obtained by the Judgment Creditor and which the Judgment Debtor has failed to comply with.
 
[And further to issue a Writ of Seizure and Sale and/or Writ of Delivery as in (1) and/or (2) above].
 
UNDERTAKING AND DECLARATION
 
1.  I/We hereby undertake to pay all your charges. Please appoint a suitable date to execute the Writ of Seizure and Sale/Delivery/Possession**.
 
2.*  I/We hereby declare that as at the date of this praecipe, the property the bailiff is requested to seize under this Writ of Seizure and Sale/Delivery/Possession** is/is not the subject-matter of a seizure or attachment under any execution or order issued by the Subordinate Courts or the High Court.
 
(State particulars of prior execution if applicable)
 
3.  For seizure of movable property under a Writ of Seizure and Sale/Delivery**.
 
I/We hereby declare that, as at the date of this declaration, I/we have reason to believe that the Judgment Debtor is the owner or occupier at the Address of Execution or the owner of the property liable to be seized.
 
(State the grounds of belief)
 
(*Use as appropriate)
 
(**Delete as appropriate)
 
 
 
NAME OF DECLARANT:
 
Date of filing:
 
ANNEX A TO FORM 92
 
Calculation explaining the sum levied required under paragraph 1
 
 
 
Total amount owed under the Judgment/Order:
 
(a)Principal Sum
$
(b)Costs allowed under the Judgment /Order
$
(c)Interest (Provide breakdown)
$
 
 
 
ADD Cost allowed for this Execution:
 
 
(d)Basic Costs allowed under paragraph 6 in Part III of Appendix 2 to Order 59
 
$
(e)Disbursements (e.g. Stamp Fees, etc.)
 
$
 
 
 
 SUB-TOTAL
$
LESS Payment by Judgment Debtor(s)
 
$
 TOTAL
$
”.
Amendment of Appendix B
14.  Appendix B of the principal Rules is amended —
(a)by inserting, immediately after item 22, the following items:
No.
Items
——————— Fees ———————
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
Supreme Court
District Court
Magistrate’s Court
 
 
With value of up to
$1 million
With value of more than $1 million
 
 
 
 
 
$
$
$
$
 
“22A.
On late filing of an opening statement or amended opening statement in a High Court action begun by writ
300
300
The opening statement or amended opening statement.
22B.
On filing an opening statement or amended opening statement in a High Court action begun by writ, for every page or part thereof in excess of 20 pages
10
10
The opening statement or amended opening statement.”; and
(b)by inserting, immediately after item 101, the following item:
No.
Items
——————— Fees ————————
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
Supreme Court
District Court
Magistrate’s Court
 
 
With value of up to $1 million
With value of more than $1 million
 
 
 
 
 
$
$
$
$
 
“101A.
Praecipe for Writ of Execution under O. 46, r. 4
240
500
220
120
Praecipe.
 
(a)where it is a Small Claims action
90
Praecipe.
 
(b)in any other case
120
Praecipe.”.
[G.N. No. S 122/2004]
Made this 27th day of October 2004.
YONG PUNG HOW
Chief Justice.
CHAN SEK KEONG
Attorney-General.
CHAO HICK TIN
Judge of Appeal.
LAI KEW CHAI
Judge.
JUDITH PRAKASH
Judge.
TAN LEE MENG
Judge.
WOO BIH LI
Judge.
RICHARD R. MAGNUS
Senior District Judge.
LAU WING YUM
District Judge.
MICHAEL KHOO KAH LIP
Advocate and Solicitor.
R.E. MARTIN
Advocate and Solicitor.
[RSCS R7/7 Vol. 3; AG/LEG/SL/322/2001/1 Vol. 4]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).