No. S 144
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment) Rules 2005
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.  These Rules may be cited as the Rules of Court (Amendment) Rules 2005 and shall come into operation on 1st April 2005.
Amendment of Order 1
2.  Order 1, Rule 2(4) of the Rules of Court (R 5) (referred to in these Rules as the principal Rules) is amended by inserting, immediately after item 6, the following item:
Proceedings
 
Written Law
 
Applicable Provisions
7. Proceedings relating to the winding up of limited liability partnerships
 
Limited Liability Partnerships Act 2005 (Act 5 of 2005), s.57.
 
(a) Order 63A and items 71D to 71I and 75 of Appendix B; and
 
 
 
 
(b) Order 96, r. 3 (2).
”.
Amendment of Order 11
3.  Order 11 of the principal Rules is amended —
(a)by inserting, immediately after the words “arbitral award” in Rule 1(m), the words “, or any adjudication determination within the meaning of the Building and Construction Industry Security of Payment Act 2004 (Act 57 of 2004)”;
(b)by inserting, immediately after the words “an originating process” in the 1st line of Rule 4(4), the words “served pursuant to paragraph (2)(c) or”; and
(c)by inserting, immediately after the words “Every translation” in Rule 4(5), the words “served or”.
Amendment of Order 12
4.  Order 12, Rule 7 (2) of the principal Rules is amended by deleting the word “filing” and substituting the word “serving”.
Amendment of Order 62
5.  Order 62 of the principal Rules is amended —
(a)by deleting paragraph (4) of Rule 6;
(b)by inserting, immediately after Rule 6, the following Rule:
Time for service (O. 62, r. 6A)
6A.  Where any document is served before midnight on any particular day, it shall be deemed to have been served on that day.”; and
(c)by deleting Rule 8 and substituting the following Rule:
Effect of service after certain hours (O. 62, r. 8)
8.—(1)  Where the service of any document is effected under these Rules on a working day before 4 p.m., it shall, for the purpose of computing any period of time after service of that document, be deemed to have been served on that working day, and, in any other case, on the working day next following.
(2)  For the avoidance of doubt, nothing in this Rule shall be construed as prescribing the hours within which service must be effected in order to be valid.”.
Amendment of Order 63A
6.  Order 63A, Rule 12 of the principal Rules is amended by inserting, immediately after paragraph (5), the following paragraph:
(6)  Order 62, Rule 8 shall apply to service effected under this Rule.”.
Amendment of Order 89B
7.  Order 89B of the principal Rules is amended by inserting, immediately after Rule 20, the following Rule:
Service of foreign process (O. 89B, r. 21)
21.—(1)  The service of any process under section 38 may be accompanied by other documents that provide information for a better understanding of the process or information on the consequences of failure to comply with the process.
(2)  The service of any process under section 38 may be effected —
(a)in the case of a natural person, by leaving a copy of it with the person to be served; or
(b)in all other cases, by leaving a copy of it with the chairman, president, secretary, treasurer, director, partner or other similar officer thereof of the body corporate or unincorporated organisation to be served.
(3)  After the service of any process under section 38 has been effected or (as the case may be) attempts to effect service of it have failed, the authorised officer or process server (as the case may be) shall make an affidavit of service or attempted service, which —
(a)describes when, where and how he did or attempted to effect service of the process; and
(b)exhibits a copy of the process received with the request for service.
(4)  After the affidavit is tendered to the Registrar, the Registrar shall issue to the Attorney-General either the certificate or the statement referred to in paragraphs (5) and (6).
(5)  The certificate referred to in section 38(3)(b) (i) shall be in Form 192BC.
(6)  The statement referred to in section 38(3)(b) (ii) shall be in Form 192BD.”.
New Orders 95 and 96
8.  The principal Rules are amended by inserting, immediately after Order 94, the following Orders:
building and construction industry Security of payment ACT 2004
Interpretation (O. 95, r. 1)
1.—(1)  In this Order, “Act” means the Building and Construction Industry Security of Payment Act 2004 (Act 57 of 2004) and any reference to a section shall be construed as a reference to a section in the Act.
(2)  Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act.
(3)  An application to which this Order applies must be made —
(a)where an action is pending, by summons in the action; and
(b)in any other case, by originating summons.
Application for enforcement of adjudication determination (O. 95, r. 2)
2.—(1)  An application for leave to enforce an adjudication determination under section 27 shall be made to the Registrar by ex parte originating summons or summons.
(2)  The supporting affidavit for an application referred to in paragraph (1) must —
(a)exhibit the original adjudication determination and the contract to which the adjudication determination relates or, in either case, a copy thereof;
(b)state the name and the usual or last known place of business of the applicant and the person against whom it is sought to enforce the adjudication determination (referred to in this Rule as the debtor), respectively; and
(c)state the unpaid portion of the adjudicated amount.
(3)  An order granting leave must be drawn up by or on behalf of the applicant, and must be served on the debtor —
(a)by delivering a copy to him personally;
(b)by sending a copy to him at his usual or last known place of business; or
(c)in such other manner as the Court may direct.
(4)  Within 14 days after being served with the order granting leave, the debtor may apply to set aside the adjudication determination and the adjudication determination shall not be enforced until after the expiration of that period or, if the debtor applies within that period to set aside the adjudication determination, until after the application is finally disposed of.
(5)  The copy of the order served on the debtor must state the effect of paragraph (4).
Application to set aside adjudication determination or judgment (O. 95, r. 3)
3.—(1)  An application to set aside an adjudication determination or a judgment must be made by originating summons or summons.
(2)  The supporting affidavit for an application referred to in paragraph (1) must —
(a)have exhibited to it a copy of the adjudication determination and the contract to which the adjudication determination relates, and any other document relied on by the applicant;
(b)state the grounds on which it is contended that the adjudication determination or judgment, as the case may be, should be set aside;
(c)set out any evidence relied on by the applicant; and
(d)be served with the originating summons or summons, as the case may be.
(3)  The applicant must, at the time of filing the originating summons or summons, as the case may be, provide security for the unpaid portion of the adjudicated amount that he is required to pay in consequence of the adjudication determination or judgment by means of a direction to the Accountant-General in Form 131 (a).
(4)  If the party who is entitled to enforce the adjudication determination or the judgment wishes to oppose the application referred to in paragraph (1), he must file an affidavit stating the grounds on which he opposes the application within 14 days after being served with the originating summons or summons, as the case may be, and the supporting affidavit.
(5)  In this Rule, “judgment” means a judgment obtained pursuant to section 27.
LIMITED LIABILTY PARTNERSHIPS act 2005
Interpretation (O. 96, r. 1)
1.  In this Order, “Act” means the Limited Liability Partnerships Act 2005 (Act 5 of 2005).
Application of Order 77 (O. 96, r. 2)
2.  Order 77 shall not apply to a limited liability partnership registered under the Act.
Applications to the Court (O. 96, r. 3)
3.—(1)  Unless otherwise provided in the Act or this Order, every application under the Act must be made by originating summons to which no appearance need be entered and these Rules shall apply subject to this Order.
(2)  In the case of a winding up petition presented under rule 3(1)(e) of the Fifth Schedule to 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)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.
Title of proceedings (O. 96, r. 4)
4.—(1)  Every originating summons to which this Order relates and all affidavits, notices and other documents in those proceedings must be entitled in the matter of the limited liability partnership in question and in the matter of the Act.
(2)  The originating summons by which an application for leave under section 36 of the Act is made must be entitled in the matter of the limited liability partnership (if any) in relation to which the applicant was convicted and in the matter of the Act.
Summons for directions (O. 96, r. 5)
5.  Without prejudice to the generality of Order 28, Rule 4, on the first hearing of an originating summons to which this Order relates, the Court may by order give such direction as to the proceedings to be taken as it thinks fit.”.
Amendment of Appendix A
9.  Appendix A of the principal Rules is amended —
(a)by inserting, immediately below the reference “O. 60, r. 2” in the 2nd line of Form 131, the reference “O. 95, r. 3”; and
(b)by inserting, immediately after Form 192BB, the following Forms:
FORM 192BC
O.89B, r. 21 (5)
CERTIFICATE OF SERVICE OF FOREIGN PROCESS UNDER SECTION 38 (3) (B) (I) OF THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
I, , Registrar of the Supreme Court of the Republic of Singapore hereby certify that the service of the process as requested by [to state the appropriate authority of the foreign country] was effected in accordance with the procedures proposed in the request or Order 89B, Rule 21(2) of the Rules of Court*.
 
The affidavit of service of the process is attached to this Certificate.
 
 
Dated this • day of • 20 •• .
 
 
 
(Seal)
 
 
Registrar.
* Delete whichever is inapplicable
 
 
 
 
 
 
 
FORM 192BD.
O. 89B, r. 21 (6)
STATEMENT OF REASON PREVENTING SERVICE OF FOREIGN PROCESS UNDER SECTION 38 (3) (b) (ii) OF THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT
I, , Registrar of the Supreme Court of the Republic of Singapore hereby state that the process annexed hereto was not served upon the person named in the process as requested by [to state the appropriate authority of the foreign country].
 
The reasons which prevented the service of the process are set out in the affidavit of attempted service which is attached to this Statement.
 
 
 
Dated this • day of • 20 •• .
 
 
(Seal)
 
Registrar.”.”.
[G.N. Nos. S 122/2004; S 671/2004]

Made this 16th day of March 2005.

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. 5]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).