No. S 378
Supreme Court of Judicature Act
(Chapter 322)
Rules of Court (Amendment No. 2) Rules 2010
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 2010 and shall, with the exception of rule 3, come into operation on 15th July 2010.
(2)  Rule 3 shall be deemed to have come into operation on 17th February 2010.
New Order 100
2.  The Rules of Court (R 5) are amended by inserting, immediately after Order 99, the following Order:
ORDER 100
COLLECTIVE SALE APPLICATIONS
Interpretation (O. 100, r. 1)
1.  In this Order, unless the context otherwise requires —
“Act” means the Land Titles (Strata) Act (Cap. 158);
“application” means an application to the High Court under one of the following provisions of the Act after the issue of a stop order by a Board:
(a)under section 84A(1) of the Act for an order for the sale of all the lots and common property in a strata title plan;
(b)under section 84D(2) of the Act for an order for the sale of all the flats and the land in a development to which section 84D of that Act applies;
(c)under section 84E(3) of the Act for an order for the sale of all the flats and the land in a development to which section 84E of that Act applies;
(d)under section 84FA(2) of the Act for an order for the sale of all the lots and common property in a strata title plan to which section 84FA of that Act applies;
“Board” means a Strata Titles Board constituted under the Building Maintenance and Strata Management Act (Cap. 30C);
“stop order” means a stop order issued by a Board —
(a)under section 84A(6A)(b) of the Act;
(b)under section 84D(4A)(b) of the Act;
(c)under section 84E(6A)(b) of the Act; or
(d)under section 84FA(5A)(b) of the Act.
Commencement of proceedings (O. 100, r. 2)
2.—(1)  Every application must be made by originating summons within the time limited by section 84A(2B), 84D(2B), 84E(3B) or 84FA(2B) of the Act, whichever is applicable.
(2)  An originating summons that is an application under section 84A(1) or 84FA(2) of the Act must name as the defendant or defendants therein —
(a)every subsidiary proprietor of any lot in the strata title plan which is the subject of the application —
(i)who has not agreed to sell all the lots and common property in the strata title plan to which the application relates to a purchaser under a sale and purchase agreement, subject to an order being made under section 84A(6) or (7) or 84FA(5) or (6) of the Act, as the case may be; and
(ii)who, within the time allowed under section 84A(4) or 84FA(5A) of the Act, as the case may be, filed an objection thereunder to an application to a Board relating to the same proposed sale; and
(b)every mortgagee, chargee or other person (other than a lessee) —
(i)with an estate or interest in any lot referred to in sub-paragraph (a)(i) and whose interest is notified on the land-register for that lot; and
(ii)who, within the time allowed under section 84A(4) or 84FA(5A) of the Act, as the case may be, filed an objection thereunder to an application to a Board relating to the same proposed sale.
(3)  An originating summons that is an application under section 84D(2) of the Act must name as the defendant or defendants therein —
(a)every proprietor of any flat in the development which is the subject of the application —
(i)who has not agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement, subject to an order being made under section 84D(4) or (5) of the Act; and
(ii)who, within the time allowed under section 84D(3) of the Act, filed an objection under that section to an application to a Board relating to the same proposed sale; and
(b)every mortgagee, chargee or other person (other than a lessee) —
(i)with an estate or interest in any flat referred to in sub-paragraph (a)(i) and whose interest is notified on the land-register for that flat; and
(ii)who, within the time allowed under section 84D(3) of the Act, filed an objection under that section to an application to a Board relating to the same proposed sale.
(4)  An originating summons that is an application under section 84E(3) of the Act must name as the defendant or defendants therein —
(a)every proprietor of any flat in the development which is the subject of the application —
(i)who has not agreed in writing to sell all the flats and the land in the development to a purchaser under a sale and purchase agreement, subject to an order being made under section 84E(6) or (7) of the Act; and
(ii)who, within the time allowed under section 84E(5) of the Act, filed an objection under that section to an application to a Board relating to the same proposed sale; and
(b)every mortgagee, chargee or other person (other than a lessee) —
(i)with an estate or interest in any flat referred to in sub-paragraph (a)(i) and whose interest is notified on the land-register for that flat; and
(ii)who, within the time allowed under section 84E(5) of the Act, filed an objection under that section to an application to a Board relating to the same proposed sale.
(5)  Order 28 shall, unless expressly modified herein, apply to every originating summons under this Rule.
Service of summons (O. 100, r. 3)
3.  The originating summons, together with such supporting affidavit or affidavits, must be served on every defendant.
Supporting affidavits (O. 100, r. 4)
4.—(1)  Where the plaintiffs intend to adduce evidence in support of an originating summons that is an application, they must do so by affidavit and must file the affidavit or affidavits and serve a copy thereof on every defendant referred to in rule 2(2), (3) or (4), as the case may be, not later than 7 days after the service of the originating summons on the last such defendant.
(2)  Every such affidavit under paragraph (1) must be made by or with the authority of all the authorised representatives appointed under section 84A(2) of the Act in connection with the application concerned, setting out the following:
(a)in the case of an affidavit in connection with an application under section 84A(1) or 84FA(2) of the Act —
(i)the lots and common property comprised in the strata title plan and the total area and share value of all the lots (excluding any accessory lot) to which the application relates;
(ii)the date when the latest Temporary Occupation Permit or Certificate of Statutory Completion, as the case may be, was issued in respect of a building (other than common property) comprised in the strata title plan to which the application relates;
(iii)the respective share values of every subsidiary proprietor of and the respective areas of each lot in the strata title plan to which the application relates, classified according to those who have and those who have not signed the collective sale agreement;
(iv)the proposed method of distribution of sale proceeds under the collective sale agreement and all other particulars of the collective sale of the lots and common property comprised in the strata title plan to which the application relates;
(v)the valuation of the lots and common property comprised in the strata title plan to which the application relates;
(vi)whether the sale and purchase agreement of the lots and common property comprised in that strata title plan involves an arrangement for the redevelopment of the land and, if so, whether the sale and purchase agreement requires a defendant to be a party to such an arrangement;
(vii)all particulars of the sale and purchase agreement of the lots and common property comprised in the strata title plan to which the application relates;
(viii)the date that the permitted time (within the meaning of the First Schedule to the Act) for the collective sale agreement started;
(ix)the date on which the collective sale agreement was last executed by any subsidiary proprietor or proprietor referred to in section 84A(1) or 84FA(2) of the Act;
(x)the date or dates on which the notice or notices referred to in rule 1(b) of the First Schedule to the Act were affixed; and
(xi)the particulars of the stop order issued in relation to the same proposed sale that is the subject of the application; or
(b)in the case of an affidavit in connection with an application under section 84D(2) or 84E(3) of the Act —
(i)the flats and land comprised in the development and the total area of all the flats to which the application relates;
(ii)the date when the latest Temporary Occupation Permit or Certificate of Statutory Completion, as the case may be, was issued in respect of a building (other than common property) comprised in the development to which the application relates;
(iii)the respective shares or notional shares, as the case may be, in land of every proprietor of and the respective areas of each flat in the development to which the application relates, classified according to those who have and those who have not signed the collective sale agreement;
(iv)the proposed method of distribution of sale proceeds under the collective sale agreement and all other particulars of the collective sale of the flats and land comprised in the development to which the application relates;
(v)the valuation of the flats and land comprised in the development to which the application relates;
(vi)whether the sale and purchase agreement of the flats and land comprised in that development involves an arrangement for the redevelopment of the land and, if so, whether the sale and purchase agreement requires a defendant to be a party to such an arrangement;
(vii)all particulars of the sale and purchase agreement of the flats and land comprised in the development to which the application relates;
(viii)the date the permitted time for the collective sale agreement (within the meaning of the First Schedule to the Act) started;
(ix)the date on which the collective sale agreement was last executed by any subsidiary proprietor or proprietor referred to in section 84D(2) or 84E(3) of the Act;
(x)the date or dates on which the notice or notices referred to in rule 1(b) of the First Schedule to the Act were affixed; and
(xi)the particulars of the stop order issued in relation to the same proposed sale that is the subject of that application.
(3)  Every affidavit under paragraph (1) in support of an originating summons comprising an application must be supported by the relevant exhibits, which include the stop order issued in relation to the same proposed sale that is the subject of the application, and the application to the Board the proceedings of which were discontinued by that stop order.
(4)  No further affidavit shall be received in evidence without leave of the High Court.
Objections (O. 100, r. 5)
5.—(1)  Subject to the provisions of the Act and rule 6, where any defendant intends to object to an application in an originating summons served on him and wishes to adduce evidence with reference to the originating summons, he must do so by affidavit, and the affidavit or affidavits must be filed and a copy thereof must be served on the plaintiffs not later than 21 days after being served with a copy of the affidavit or affidavits by the plaintiff under rule 4(1).
(2)  No further affidavit shall be received in evidence without leave of the High Court.
Dispute as to jurisdiction (O. 100, r. 6)
6.—(1)  A defendant who wishes to dispute the jurisdiction of the High Court in the proceedings by reason of any irregularity in the originating summons or service thereof or in any order giving leave to serve the originating summons out of the jurisdiction or extending the validity of the originating summons for the purpose of service or on any other ground shall within 21 days after service of the originating summons and supporting affidavit or affidavits on him under rule 4(1) apply to the High Court for any order specified in Order 28, Rule 2A.
(2)  An application under paragraph (1) 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.
(3)  Upon the hearing of an application under paragraph (1) or (2), the Court may make such order as it thinks fit and may give such directions for its disposal as may be appropriate, including directions for the trial thereof as a preliminary issue.
Summons for directions (O. 100, r. 7)
7.  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 directions as to the proceedings to be taken as it thinks fit including, directions for the publication of notices.”.
Miscellaneous amendments
3.  The Rules of Court are amended by deleting the words “Senior District Judge” in the following provisions and substituting in each case the words “Chief District Judge”:
Order 32, Rule 9(2)(c), Order 34, Rule 4, Order 35, Rule 11(1), Order 60, Rule 1(1), Order 61, Rule 3(1) and (2), Order 90, Rule 22(2) and Order 91, Rule 2.

Made this 7th day of July 2010.

CHAN SEK KEONG
Chief Justice.
KOH JUAT JONG
Acting Attorney-General.
V K RAJAH
Judge of Appeal.
LAI SIU CHIU
Judge.
BELINDA ANG SAW EAN
Judge.
TAY YONG KWANG
Judge.
ANDREW ANG
Judge.
TAN SIONG THYE
Chief District Judge.
LESLIE CHEW KWEE HOE
District Judge.
MICHAEL HWANG SC
Advocate and Solicitor.
SUNDARESH MENON SC
Advocate and Solicitor.
[RSCS R7/7 Vol. 12; AG/LLRD/SL/322/2010/1 Vol. 1]
(To be presented to Parliament under section 80(6) of the Supreme Court of Judicature Act).