PART 2 | Division 1 — Court and chambers |
5.—(1) Unless the Chief Justice has given a general or special direction to the contrary —| (a) | every application before the Registrar must be heard in chambers; and | | (b) | every application before the Judge may be heard in chambers. |
| (2) Unless the Chief Justice has given a general or special direction to the contrary, the jurisdiction of the Court to hear and determine a matter or an application may be exercised by the Registrar. |
| (3) The Court may, without requiring the parties to appear in person, adjourn a bankruptcy application or make such order or give such direction as the Court thinks fit for the just, expeditious and economical disposal of the bankruptcy application, by giving written notice of the adjournment, order or direction to all parties concerned. |
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| Adjournment from Registrar to Judge |
| 6. Any matter pending before the Registrar which the Registrar has jurisdiction to determine under Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations must be adjourned to be heard before the Judge if the Judge so directs by a general or special direction. |
| Adjournment from chambers to court and vice versa |
7.—(1) Subject to Part 3 and Parts 13 to 22 of the Act, these Rules and the regulations, any matter may at any time be adjourned from chambers into court or from court into chambers if the Judge or the Registrar (as the case may be) thinks fit.| (2) If all parties require any matter to be adjourned from chambers into court, the matter must be so adjourned. |
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8.—(1) Every proceeding in the Court under Part 3 and Parts 13 to 22 of the Act must be intituled in the matter of the person against whom the application is made and in the matter of the Act.| (2) A distinctive number must be assigned by the Registrar to the first proceeding in every matter, and all subsequent proceedings in the same matter must bear the same number. |
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9.—(1) All proceedings of the Court under Part 3 and Parts 13 to 22 of the Act and these Rules must be kept and remain in record in the Court. | (2) The Registrar may maintain all the information mentioned in paragraph (1) in such form, medium or mode as the Registrar thinks fit. |
(3) Any of the following persons may, at all reasonable times, inspect the record of proceedings maintained under paragraph (2) relating to a bankrupt or debtor:| (a) | the trustee of the bankrupt’s estate; | | (b) | the bankrupt or debtor; | | (c) | any creditor who has filed the creditor’s proof of debt in respect of the bankrupt or debtor; | | (d) | any person acting on behalf of the trustee, bankrupt or debtor or creditor mentioned in sub‑paragraph (a), (b) or (c), as the case may be; | | (e) | by special direction of the Judge or the Registrar, any other person. |
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10.—(1) A person inserting an advertisement in the Gazette or a local newspaper relating to any matter under Part 3 or Parts 13 to 22 of the Act must file a copy of the advertisement with the Registrar.| (2) The Registrar must issue to the person mentioned in paragraph (1) a memorandum referring to and giving the date of the advertisement in the Gazette or local newspaper. |
| (3) The person mentioned in paragraph (1) must file in the proceedings the memorandum issued by the Registrar. |
| (4) The memorandum by the Registrar is prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the Gazette or local newspaper mentioned in the memorandum. |
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| Division 3 — Applications and practice |
| Manner of making applications, etc. |
11.—(1) The following applications must be made by originating application:| (a) | an application for an interim order under section 276 of the Act; | | (b) | a bankruptcy application under section 307 or 308 of the Act; | | (c) | an application for an order for the administration of the estate of a deceased debtor under section 419 of the Act; | | (d) | unless otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules, any other application under Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations by which proceedings are commenced in Court. |
[S 196/2022 wef 01/04/2022] | (2) Every application other than one mentioned in paragraph (1) must be made by summons unless otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules. |
| (3) Unless otherwise provided in Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations or otherwise directed by the Court, every application must be supported by affidavit. |
| (4) Every affidavit filed in accordance with paragraph (3) is prima facie evidence of the statements in the affidavit. |
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| Issue of originating process and process to be sealed |
| 12.—(1) Every originating application or summons must be prepared by the person making the application or the person’s solicitor and issued from the office of the Registrar. [S 196/2022 wef 01/04/2022] | (2) Every order, summons, application, warrant and process of any kind (including a notice issued by the Court) in any matter to which these Rules relate must be sealed. |
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| Duration and renewal of originating application for purpose of service |
13.—(1) Subject to the other provisions of these Rules, for the purpose of service, an originating application is valid in the first instance —| (a) | where permission to serve the originating application out of jurisdiction is required — for 12 months starting on the date of its issue; or [S 196/2022 wef 01/04/2022] | | (b) | in any other case — for 6 months starting on the date of its issue. |
[S 196/2022 wef 01/04/2022] | (2) Subject to paragraph (3), where an originating application has not been served on a party against whom the application in question is made, the Court may by order extend the validity of the originating application from time to time for any period (not exceeding 6 months at any one time) that the Court specifies in the order, starting on the day immediately following that on which the originating application would have expired (called the expiry date), if any application for extension is made to the Court before the expiry date. [S 196/2022 wef 01/04/2022] |
| (3) Where the Court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve an originating application within 6 months, the Court may, if it thinks fit, extend the validity of the originating application for any period (not exceeding 12 months at any one time) that the Court specifies in the order. [S 196/2022 wef 01/04/2022] |
| (4) Before an originating application, the validity of which has been extended under this rule, is served, it must be marked with an official stamp in Form PIR‑1 showing the period from which the validity of the originating application has been extended. [S 196/2022 wef 01/04/2022] |
[S 196/2022 wef 01/04/2022] |
| 14.—(1) Subject to any order to the contrary, every application (contained in an originating application or a summons) and every affidavit in support of the application (called in this rule the supporting affidavit) must be served upon every person against whom any order or other relief is sought. [S 196/2022 wef 01/04/2022] (2) The Court may at any time —| (a) | direct that service of an application and the supporting affidavit (if any) be effected on, or notice of proceedings be given to, any person who may be affected by the order or other relief sought; and | | (b) | direct the manner in which such service is to be effected or such notice is to be given. |
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| (3) Any person who is served or notified under paragraph (2) is entitled to be heard. |
| (4) Any document referred to as an exhibit in a supporting affidavit must be made available for inspection by any person upon whom service of the affidavit is required. |
| (5) Where any person other than the applicant is affected by an application, no order may be made except with the consent of that person, or upon proof that a copy each of the application and the supporting affidavit (if any) have been duly served upon that person. |
| (6) Where the Court is satisfied that serious mischief may result from delay caused by proceeding in the ordinary way, the Court may make an order in the absence of any person other than the applicant upon such terms as to costs and otherwise, and subject to such undertaking (if any) as the Court thinks just. [S 196/2022 wef 01/04/2022] |
| (7) Any person affected by an order made in his or her absence may apply to set it aside. [S 196/2022 wef 01/04/2022] |
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15.—(1) Personal service of an application or order of the Court or other document is effected by leaving with the person to be served —| (a) | in the case of an originating process — a sealed copy; or | | (b) | in any other case — a copy of the application, order or other document. |
| (2) Personal service of an application or order of the Court or other document may also be effected in such other manner as may be agreed between the person serving and the person to be served. |
| (3) Personal service of an application or order of the Court or other document on a body corporate may be effected by serving it in accordance with paragraph (1) on the chairperson or president of the body corporate, or the secretary, treasurer or other similar officer of the body corporate. |
| (4) The person effecting personal service must file in court within 3 days after service, or such further time as may be allowed by the Registrar, a copy of the document and an affidavit of service. |
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| 16. Unless the Court gives permission to the contrary or otherwise provided in Part 3 or Parts 13 to 22 of the Act or these Rules, an application must be served on every person affected by the application at least 7 days before the date of the hearing of the application. [S 196/2022 wef 01/04/2022] |
| Notice to be served on all proper parties |
| 17. If, on the hearing of an application, the Court is of the opinion that any person to whom notice has not been given ought to have notice, the Court may either dismiss the application, or adjourn the hearing upon any terms as the Court thinks fit, in order that notice may be given. |
| 18. The hearing of an application may be adjourned upon any terms as the Court thinks fit. |
| Court may give directions as to proceedings to be taken |
| 19. At the hearing of an originating application to which these Rules relate, the Court may by order give any direction as to the proceedings to be taken that the Court thinks fit, including directions for the publication of notices and the making of any inquiry. [S 196/2022 wef 01/04/2022] |
20.—(1) In any proceedings, evidence may be given by affidavit unless it is otherwise provided by any provision of these Rules or the Court otherwise directs. | (2) An affidavit may be sworn by any party to the proceedings, or by some other person possessing direct knowledge of the subject matter of the application. |
| (3) The Court may, on its own motion or the application of any party, order the attendance for cross-examination of the person making an affidavit. |
| (4) Where, after an order has been made under paragraph (3), the person making the affidavit does not attend, the affidavit must not be used in evidence without the permission of the Court. [S 196/2022 wef 01/04/2022] |
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| Filing and service of affidavits |
21. Unless the provisions of Part 3 or Parts 13 to 22 of the Act, these Rules or the regulations under which an application is made provide otherwise, or the Court otherwise allows, a party to an application who intends to rely on affidavit evidence at the hearing of the application must do both of the following at least 5 days before the date fixed for the hearing:| (a) | file the party’s affidavit or affidavits (if more than one) in Court; | | (b) | serve a copy of the party’s affidavit or of each of the party’s affidavits (if more than one) on every other party to the application and any other person who may appear and be heard. |
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| Affidavit filed out of time |
| 22.—(1) An affidavit filed out of time must not be used except with the permission of the Court. [S 196/2022 wef 01/04/2022] | (2) Unless the Court otherwise directs, an order made in the absence of any person other than the applicant upon evidence supported by affidavit is not effective unless the affidavit was made before the order was applied for and was produced or filed at the time of making the application. [S 196/2022 wef 01/04/2022] |
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| Scandalous, irrelevant or oppressive matter |
| 23. The Court may order to be struck out from an affidavit any matter which is scandalous, irrelevant or otherwise oppressive, and may order the costs of any application to strike out such matter to be paid as between solicitor and client. |
| Division 5 — Security in court |
24.—(1) Where security has to be given to the Court (otherwise than in relation to costs), it may be given by a banker’s guarantee, the payment of moneys into court or in any other manner as the Court may direct.| (2) The rules for the time being in force in the General Division of the High Court relating to the provision of, and manner of giving, security for costs apply in relation to any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules. [S 1039/2020 wef 02/01/2021] |
| (3) The rules for the time being in force in the General Division of the High Court relating to payment into and out of court of moneys lodged in court by way of security for costs apply to moneys lodged in court under these Rules. [S 1039/2020 wef 02/01/2021] |
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| Division 6 — Witnesses and depositions |
25.—(1) In any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules, the Court is to issue an order to attend court for the attendance of a witness at the instance of any party to the proceedings or any of the following persons:| (a) | the Official Assignee; | | (b) | the trustee in bankruptcy (if any); | | (c) | the debtor in question. |
[S 196/2022 wef 01/04/2022] | (2) The order to attend court may require the witness to produce documents in his or her possession or control. [S 196/2022 wef 01/04/2022] |
[S 196/2022 wef 01/04/2022] |
| Service of order to attend court |
26.—(1) A sealed copy of an order to attend court issued under rule 25(1) must be served personally on the witness in question by —| (a) | an officer of the Court; | | (b) | the person at whose instance the order to attend court is issued or that person’s solicitor; or | | (c) | an employee of the person mentioned in sub‑paragraph (b), or of that person’s solicitor. |
| (2) Despite paragraph (1), the order to attend court may be served in such manner as is agreed in writing between the witness in question and the person at whose instance the order to attend court is issued. |
| (3) Unless the Court otherwise orders, the service of the order to attend court is not valid unless effected within 12 weeks after the date of issue of the order to attend court. |
(4) The order to attend court —| (a) | must not be served on any person outside the jurisdiction; and | | (b) | must be served within a reasonable time before the day fixed for the attendance. |
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| (5) The affidavit of personal service of the order to attend court required to be filed in Court under rule 15(4) must state when, where, how and by whom the service was effected. |
| (6) An order to attend court continues to have effect until the conclusion of the hearing at which the attendance of the witness is required. |
[S 196/2022 wef 01/04/2022] |
| 27.—(1) A witness may not be compelled to attend on an order to attend court unless a reasonable sum to cover his or her expenses of going to, remaining at, and returning from, Court is extended to him or her. [S 196/2022 wef 01/04/2022] | (2) The reference to a witness in paragraph (1) does not include a reference to an individual or the representative of a body corporate, being the individual or body corporate against whom the proceedings in question are commenced. |
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28.—(1) The Court may at any time in any matter make an order for the examination upon oath of any person at any place.| (2) An order made under paragraph (1) for the examination of any person must be served on the person. |
| (3) The examination may be ordered to take place before the Court or an officer of the Court, or any other person that the Court may direct. |
(4) The deposition —| (a) | must be taken down in writing; and | | (b) | may, with the permission of the Court, be used in evidence on such terms (if any) as the Court may direct. [S 196/2022 wef 01/04/2022] |
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| 29. An application for an order for a letter of request to examine witnesses in any proceedings under Part 3 or Parts 13 to 22 of the Act or these Rules, the order and the letter of request must follow the forms for the time being in use in the General Division of the High Court, with such variations as circumstances may require. [S 1039/2020 wef 02/01/2021] |
30.—(1) The Court may, at any stage of any proceedings, order the attendance of any person for the purpose of producing any document named in the order.| (2) An order made under paragraph (1) for the attendance of any person must be served on the person. |
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| Division 7 — Warrants, arrests and commitments |
| 31. A warrant of seizure issued under the provisions of Part 13 or 17 of the Act must be addressed to such officer of the Supreme Court, or to the Commissioner of Police, as the Court may direct. [S 1039/2020 wef 02/01/2021] |
| Warrant under section 274 of Act |
32. When a person is arrested under a warrant issued by the Court under section 274 of the Act, the officer arresting the arrested person must —| (a) | where the Court has authorised the arrested person to be kept in custody, give the arrested person into the custody of a Superintendent of Prisons; and | | (b) | lodge any books, papers, records, moneys or goods in the arrested person’s possession which have been seized with —| (i) | in a case where the arrested person is an undischarged bankrupt — the trustee of the bankrupt’s estate; or | | (ii) | in every other case — the Official Assignee. |
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| Warrant under section 334 or 335 of Act |
33.—(1) When a person is arrested under a warrant issued under section 334(3) or 335(15) of the Act, the officer arresting the arrested person must —| (a) | immediately bring the arrested person before the Court in order that the arrested person may be examined; or | | (b) | if the arrested person cannot immediately be brought up for examination, give the arrested person into the custody of a Superintendent of Prisons. |
(2) After arresting the arrested person mentioned in paragraph (1), the officer must immediately report to the Court the arrest and, where paragraph (1)(b) applies, the delivery into custody, and apply to the Court to appoint a time for the examination of the arrested person, and the Court is then to —| (a) | appoint the earliest practicable day for the examination; and | | (b) | direct the Superintendent of Prisons to produce the arrested person for examination at the place and time appointed. |
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| (3) Notice of the place and time appointed by the Court under paragraph (2)(b) must immediately be given by the Registrar to the person who applied for the examination or warrant under section 334 or 335 of the Act. |
(4) Any property in the arrested person’s possession which may be seized must be dealt with in any of the following ways as the Court may direct:| (a) | lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it; | | (b) | kept by the officer seizing it pending the receipt of written orders from the Court as to its disposal. |
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| Warrant under section 370(3) of Act |
34.—(1) A warrant issued under section 370(3) of the Act authorises any officer executing it to seize any property, books, papers or records of the bankrupt in question found as a result of the execution of the warrant.(2) Any property, books, papers or records seized under the warrant must be dealt with in any of the following ways as may be directed by warrant:| (a) | lodged with, or otherwise dealt with as directed by, whoever is specified in the warrant as authorised to receive it; | | (b) | kept by the officer seizing it pending the receipt of written orders from the Court as to its disposal. |
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| Suspension of issue of committal order |
| 35. Where a committal order under section 6(3)(b) of the Act is made of a debtor, bankrupt or any other person for failing to obey any order or direction given by the Official Assignee, the Court may direct that the committal order is not to be issued if the order or direction in question is complied with within a specified time. [S 196/2022 wef 01/04/2022] |
| Division 8 — Service and execution of process |
| Service by and on solicitor |
36.—(1) A solicitor serving any process or other document must endorse on the process or document (as the case may be) the solicitor’s name or that of the solicitor’s firm and the address at which the solicitor will accept service of documents on behalf of the person the solicitor represents.| (2) Any process or other document which does not require personal service is deemed to be sufficiently served upon a person represented by a solicitor if left at the solicitor’s address for service. |
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37.—(1) Service effected before 4 p.m. on a working day is, for the purpose of computing time, deemed to have been effected on that day, and, in any other case, on the working day next following.| (2) In this rule, “working day” means any day other than a Saturday, Sunday or public holiday. |
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| Officers to effect service |
| 38. Service of any document which by Part 3 or Parts 13 to 22 of the Act or these Rules is required to be served by an officer of the Court, or which the Court in any particular proceedings orders so to be served, and execution of warrants and other process, is to be effected by any officer that the Court directs. |
| 39. Notice of any order or other proceedings which is to be served by post must be sent by registered letter unless the Court otherwise directs. |
| 40. An order of the Court may be enforced in the same manner as a judgment of the Court to the same effect. |
41. The provision and procedure for the time being in force in respect of appeals from the General Division of the High Court in its ordinary civil jurisdiction apply to appeals in bankruptcy with the following modifications:| (a) | the Official Assignee is not required to give security for costs; | | (b) | no appeal operates as a stay of proceedings under the judgment or order appealed from unless the Court otherwise orders. |
[S 1039/2020 wef 02/01/2021] |
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