No. S 565
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 4) Rules 2002
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 other 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. 4) Rules 2002 and shall, with the exception of rule 10, come into operation on 1st December 2002.
(2)  Rule 10 shall come into operation on 1st January 2003.
Amendment of Order 1
2.  Order 1 of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended —
(a)by deleting item 2 in Rule 2(4) and substituting the following item:
2. Proceedings relating to the winding up of companies.
 
Companies Act (Chapter 50), s. 410.
 
(a) Order 63A and items 71D to 71I and 75 of Appendix B; and
 
 
 
 
(b) Order 88 r. 2 (5)
(b)by inserting, immediately before the words “includes any convention” in the definition of “Civil Procedure Convention” in Rule 4(1), the words “means the conventions set out in Appendix C to these Rules and”.
Amendment of Order 14
3.  Order 14 of the principal Rules is amended —
(a)by deleting the words “entered an appearance in the action” in the 2nd line of Rule 1 and substituting the words “served a defence to the statement of claim”;
(b)by deleting the words “21 days” in Rule 2(4) and substituting the words “14 days”;
(c)by inserting, immediately after the words “on the plaintiff” in the 2nd line of Rule 5(1), the words “and the plaintiff has served a defence to the counterclaim”;
(d)by deleting the word “or” at the end of sub-paragraph (a) of Rule 6(1);
(e)by deleting the comma at the end of sub-paragraph (b) of Rule 6(1) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:
(c)dismisses, or grants leave for the withdrawal of, the application under this Order,”;
(f)by deleting the word “may” in the 10th line of Rule 6(1) and substituting the word “shall”;
(g)by deleting the words “at any stage of the proceedings” in the 3rd and 4th lines of Rule 12(1); and
(h)by inserting, immediately after Rule 13, the following Rule:
Time limit for summary judgment applications (O. 14, r. 14)
14.  No summons under this Order shall be filed more than 14 days after the pleadings in the action are deemed to be closed.”.
Amendment of Order 18
4.  Order 18, Rule 2 of the principal Rules is amended —
(a)by deleting the words “Subject to paragraph (2), a” and substituting the word “A”; and
(b)by deleting paragraph (2).
Amendment of Order 22A
5.  Order 22A, Rule 9 of the principal Rules is amended by deleting paragraph (2) and substituting the following paragraph:
(2)  Where an accepted offer to settle does not provide for costs —
(a)where the offer was made by the plaintiff, he will be entitled to his costs assessed to the date that the notice of acceptance was served;
(b)where the offer was made by the defendant, the plaintiff will be entitled to his costs assessed to the date he was served with the offer, and the defendant will be entitled to his costs from the date 14 days after the date of the service of the offer assessed up to the date that the notice of acceptance was served.”.
Amendment of Order 25
6.  Order 25 of the principal Rules is amended —
(a)by deleting the words “and directions have been given under the relevant Order” in sub-paragraph (a) of Rule 1(2);
(b)by deleting the word “and” at the end of sub-paragraph (f) of Rule 1(2);
(c)by deleting the full-stop at the end of sub-paragraph (g) of Rule 1(2) and substituting the word “; and”, and by inserting immediately thereafter the following sub-paragraph:
(h)non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts.”;
(d)by inserting, immediately after Rule 1, the following Rule:
Non-injury motor accident actions (O. 25, r. 1A)
1A.—(1)  For non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts, where parties have agreed on the issue of liability before action and the plaintiff causes a writ of summons to be issued to have damages assessed, within 14 days after the memorandum of appearance is served on the plaintiff, the plaintiff must take out a summons in Form 46A, for interlocutory judgment to be entered and for directions for the assessment of damages.
(2)  If the plaintiff does not take out a summons in accordance with this Rule, paragraphs (4) and (5) of Rule 1 shall apply in relation to this Rule as they apply in relation to a summons for directions.”;
(e)by inserting, immediately after the words “apprehended collision” in sub-paragraph (b) of Rule 8(6), the words “, except non-injury motor accident actions as defined in Order 59, Appendix 2 Part V, filed in the Subordinate Courts”; and
(f)by inserting, immediately after paragraph (6) of Rule 8, the following paragraph:
(7)  This Rule shall not apply to actions in which any party has applied for judgment under Order 14.”.
Amendment of Order 34A
7.  Order 34A, Rule 1 of the principal Rules is amended by inserting, immediately after paragraph (1), the following paragraph:
(1A)  Where the Court makes orders or gives directions under paragraph (1), it may take into account whether or not a party has complied with any relevant pre-action protocol or practice direction for the time being issued by the Registrar.”.
Amendment of Order 53
8.  Order 53 of the principal Rules is amended by deleting Rule 7 and substituting the following Rule:
Appeal to Court of Appeal (O.53, r.7)
7.  An appeal shall lie from an order made by a Judge in Chambers under this Order as it does in the case of an interlocutory order.”.
Amendment of Order 59
9.  Order 59 of the principal Rules is amended —
(a)by inserting, immediately after the word “payment” in the last line of Rule 5, the words “and the conduct of all the parties, including conduct before, as well as during, the proceedings, and in particular the extent to which the parties followed any relevant pre-action protocol or practice direction for the time being issued by the Registrar”;
(b)by inserting, immediately after sub-paragraph (2) of paragraph 1 in Part I of Appendix 2, the following sub-paragraph:
(3)  In respect of the cases set out in sub-paragraphs (1)(a) and (b), where the plaintiff is entitled under the judgment to costs on an indemnity basis, the scale of costs and disbursements set out in both Parts II and IIA of this Appendix shall apply.”;
(c)by inserting, immediately after sub-paragraph (3) of paragraph 2 in Part II of Appendix 2, the following items:
The disbursements allowed under sub-paragraphs (2) and (3) shall be limited to disbursements reasonably incurred in connection with the substituted service and service out of jurisdiction, and are the following:
 
 
Disbursement to be allowed
 
 
High Court
 
District Court
 
Magistrate’s Court
(a) Court fees
 
Actual fees
 
Actual fees
 
Actual fees
(b) Affirmation fees for affidavit in support of application
 
Actual fees
 
Actual fees
 
Actual fees
(c) For each attempted service
 
$20
 
$20
 
$20
(d) For the substituted service, if effected within Singapore —
 
 
 
 
 
 
(i) by posting on the door and notice board
 
$20
 
$20
 
$20
(ii) by advertisement and posting on the notice board
 
Actual cost
 
Actual cost
 
Actual cost
(e) For service out of jurisdiction
 
Actual cost
 
Actual cost
 
Actual cost”;
(d)by inserting, immediately after Part II of Appendix 2, the following Part:
Part IIA
Additional Items Where Costs
Are on Indemnity Basis
Disbursement to be allowed in addition to the items claimed under Part II in cases under paragraph 1(3) of Part I:
 
Disbursement to be allowed
 
 
High Court
District Court
Magistrate’s Court
(1) Court fees
 
Actual fees
Actual fees
Actual fees
(2) Affirmation fees for supporting affidavit
 
Actual fees
Actual fees
Actual fees
(3) Personal service of the writ of summons in Singapore (if applicable)
 
$20
$20
$20
(4) For each attempted service, where there is no order for substituted service (if applicable)
 
$20
$20
$20
(5) Postage, photocopying, miscellaneous charges and incidentals
 
$50
$50
$50
”.
(e)by inserting, immediately after Part III of Appendix 2, the following Parts:
Part IV
Magistrates’ Courts Cases (Excluding Cases in Part I and Non-injury Motor Accident Actions in Part V)
(1)  Costs to be allowed in Magistrates’ Court cases excluding —
(a)cases in Part I; and
(b)cases in Part V:
Sum settled or awarded (where the plaintiff succeeds) or sum claimed (where the plaintiff fails)
 
Costs (excluding disbursements) to be allowed
(i) Up to $20,000
 
$3,000 to $6,000
(ii) More than $20,000 to $40,000
 
$4,000 to $12,000
(iii) More than $40,000 to $60,000
 
$5,000 to $18,000
(2)  The above scales shall apply to the entire proceedings irrespective of whether the issues of liability and quantum are tried together or separately.
(3)  Where the plaintiff’s claim for unliquidated damages is discontinued or dismissed, the court shall award such costs within the above scales as it deems appropriate.
Part V
Non-injury Motor Accident Actions
in Magistrates’ Courts
1.(1)  In this Part, “non-injury motor accident action” means an action arising out of an accident on land due to a collision or an apprehended collision involving one or more motor vehicles, but not involving any claim for personal injuries.
(2)  The scale of costs set out in sub-paragraphs (a) and (b) (which are exclusive of disbursements) together with paragraph 2 of Part II of this Appendix shall apply to all non-injury motor accident actions filed in the Magistrates’ Courts —
(a)where the matter is concluded in respect of the issues of liability and quantum simultaneously, the costs shall follow the TABLE.
TABLE
Stage of proceedings matter is concluded
 
Sum settled or awarded (excluding interest if any)
 
 
Less than $1,000
 
$1,000 to less than $10,000
 
$10,000 and above
Any stage before defence is served
 
$1,000
 
$1,000–$1,200
 
$1,200–$1,500
Where defence is served
 
$1,000
 
$1,200–$1,500
 
$1,500-$1,800
Where defence to counterclaim is served
 
$1,000
 
$1,500–$1,800
 
$1,800–$2,100
Where affidavits of evidence in chief are exchanged
 
$1,300
 
$1,800–$2,800
 
$2,300–$3,500
The 1st day of trial
 
$1,500–$2,000
 
$3,200–$3,800
 
$3,800–$6,000
Each subsequent day of trial
 
Add up to $1,000
 
Add up to $1,500
 
Add up to $3,000
(b)where liability and quantum are resolved separately (ie. interlocutory judgment is entered with damages to be assessed), costs will be fixed at a percentage of the scale in the TABLE, depending on the stage at which liability and quantum are resolved. If liability is resolved before the writ is issued and the plaintiff follows or ought to have followed the procedure in these Rules or the relevant practice direction, costs will be 80% of the scale at the relevant stage at which the matter is concluded. If liability is resolved after the writ is issued but before affidavits of evidence in chief are exchanged, costs will be 90% of the scale. If liability is resolved after affidavits of evidence in chief are exchanged, costs will be 100% of the scale.”.
Amendment of Order 68
10.  Order 68 of the principal Rules is amended —
(a)by deleting paragraph (1) of Rule 5 and substituting the following paragraph:
(1)  As soon as practicable after the filing of the petition the Registrar must appoint a day for the hearing of the petition for the appointment of a guardian ad litem to the infant and the petition must be served on the guardian ad litem within 7 days from the date of filing of the petition.”;
(b)by deleting the word “Attorney-General” in Rule 5(2) and substituting the words “Director of Social Welfare”;
(c)by deleting the word “file” in the 1st line of Rule 7(1) and substituting the word “swear”;
(d)by deleting paragraph (2) of Rule 7 and substituting the following paragraphs:
(2)  Where the Director of Social Welfare is the guardian ad litem of the infant, the affidavit may be sworn by the Director or any public officer appointed by him to conduct the required investigation.
(3)  The guardian ad litem shall send the affidavit sworn under paragraph (1) or (2) to the business address of the solicitor (if any) who is acting for the petitioner in the proceedings or if the petitioner is unrepresented, to the petitioner at his usual or last known address.
(4)  The petitioner or his solicitor shall file the guardian ad litem’s affidavit before the further hearing of the petition.”; and
(e)by deleting Rule 8 and substituting the following Rule:
Notice of further hearing (O. 68, r. 8)
8.—(1)  When the petitioner or his solicitor has filed the affidavit under Rule 7, the Registrar must appoint a day for the further hearing of the petition.
(2)  The petitioner or his solicitor shall file the notice of the further hearing in Form 152 and serve it on all parties at least 7 days before the date of the further hearing.”.
Amendment of Order 88
11.  Order 88, Rule 2 of the principal Rules is amended —
(a)by inserting, immediately after the words “provided in the Act” in paragraph (1), the words “or this Order”;
(b)by inserting, immediately after paragraph (3), the following paragraphs:
(4)  An application under section 216 of the Act shall be made by writ.
(5)  In the case of a winding up petition presented under section 254(1)(i) of the Act, the Court may order the proceedings to continue as if the proceedings had been begun by writ and may, in particular, order that —
(a)pleadings be delivered or that the petition or any affidavits shall stand as pleadings, with or without liberty to any of the parties to add thereto or to apply for particulars thereof;
(b)any persons be added as parties to the proceedings; and
(c)that Order 25, Rules 2 to 7, shall, with the omission of so much of Rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if there had been a summons for directions in the proceedings.”; and
(c)by deleting the words “be made by originating summons” in the Rule heading and substituting the words “the Court”.
Amendment of Order 89
12.  Order 89, Rule 1 of the principal Rules is amended —
(a)by deleting “39” in paragraph (1) and substituting “38”; and
(b)by deleting the Rule heading and substituting the following Rule heading:
Applications under sections 24, 37 and 38 (O. 89, r. 1)”.
Amendment of Order 92
13.  Order 92 of the principal Rules is amended by inserting, immediately after Rule 5, the following Rule:
Non-payment of prescribed fees (O. 92, r. 6)
6.—(1)  The court may refuse to hear any cause or matter if any requirement of any written law relating to payment of fees to any party or person in that cause or matter has not been complied with, and the court may make such directions as it deems fit including the dismissal of the cause or matter.
(2)  In paragraph (1), “cause or matter” includes appeals from such cause or matter.”.
Amendment of Appendix A
14.  Appendix A of the principal Rules is amended by inserting, immediately after Form 46, the following Form:
46A.
O.25, r. 1A
SUMMONS IN CHAMBERS
N.B.—Applicants to complete the text of any matter required and to strike out the number opposite any matter not required but not to strike out the text, which must be left for the Judge (or Registrar).
(Title as in action)
Let all parties concerned attend before the Judge (or Registrar) in Chambers on the day of....20 , at m. on the hearing of an application on the part of for the following orders, that:
1. Interlocutory Judgment be entered by consent [state the terms of the judgment to be entered, eg. against the defendant for damages to be assessed and costs reserved to the Registrar.]
2. The plaintiff within days serve on the defendant a list of documents and file an affidavit verifying such list.
3. The defendant within days serve on the plaintiff a list of documents and file an affidavit verifying such list.
4. There be inspection of documents within days of the service of the lists.
5. The affidavits of the evidence in chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof and objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence.
6. The evidence in chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged within weeks hereof.
7. Notice of appointment for assessment of damages for a day hearing shall be filed within weeks hereof and served on the defendant within days thereafter.
8. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following:
Witnesses of fact:
Expert witnesses:
9. The witnesses whom the defendant intends if necessary to call shall be limited to the following:
Witnesses of fact:
Expert witnesses:
10. [Include other prayers if necessary.]
11. The costs of this application be costs in the cause.
Dated this day of 20 .
Entered No.
Clerk.
(Seal)
 
Deputy Registrar
To the defendant and to his solicitors.
This summons is taken out by
of , solicitors for the plaintiff.”.
Amendment of Appendix B
15.  Appendix B of the principal Rules is amended by deleting item 71 and substituting the following item:
No.
Items
—————— Fees ———— —
Document on which stamp is to be affixed and remarks
 
 
Supreme Court
District Court
Magistrate’s Court
 
 
 
$
$
$
 
71.—(1)
For every application for search of information —
 
 
 
 
 
(a) maintained in the paper form per book/register per year
10
10
10
Praecipe
 
(b) maintained in electronic form —
 
 
 
To be paid to the organisations providing the information.
 
(i) per search term per database per year —
 
 
 
 
 
(aa) on the index of the database
 
 
 
 
 
– through service bureau
16
16
16
 
 
– through remote access via commercial network by non-subscribers
16
16
16
 
 
– through remote access via commercial network by subscribers
13
13
13
 
 
(bb) on the contents of the database
 
 
 
 
 
– through service bureau
16
16
16
 
 
– through remote access via commercial network by non-subscribers
16
16
16
 
 
– through remote access via commercial network by subscribers
13
13
13
 
 
(ii) per search term per year for all databases on the index of the databases of —
 
 
 
 
 
(aa) the Supreme Court or the Subordinate Courts
 
 
 
 
 
– through service bureau
25
25
25
 
 
– through remote access via commercial network by non-subscribers
25
25
25
 
 
– through remote access via commercial network by subscribers
22
22
22
 
 
(bb) the Supreme Court and the Subordinate Courts
 
 
 
 
 
– through service bureau
40
40
40
 
 
– through remote access via commercial network by non-subscribers
40
40
40
 
 
– through remote access via commercial network by subscribers
37
37
37
 
 
 
 
 
 
 
(2) The Registrar may waive the collection of, or refund, in whole or in part, any fee under this item.
New Appendix C
16.  The principal Rules are amended by inserting, immediately after Appendix B, the following Appendix:
APPENDIX C
[O. 1, r. 4]
CIVIL PROCEDURE CONVENTIONS
Civil Procedure Convention
 
Gazette No.
1. Convention between the United Kingdom and Austria regarding legal proceedings in civil and commercial matters
 
T 2/1999
2. Convention between the United Kingdom and Italy regarding legal proceedings in civil and commercial matters
 
T 3/1999
3. Convention between the United Kingdom and Germany regarding legal proceedings in civil and commercial matters
 
T 4/1999
4. Treaty on Judicial Assistance in civil and commercial matters between the Republic of Singapore and the People’s Republic of China
 
T 2/2001.
[G.N. Nos. S 612/2001; S 142/2002; S 150/2002; S 229/2002]

Made this 31st day of October 2002.

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
Judicial Commissioner.

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; AG/LEG/SL/322/2001/1 Vol. 1]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).