Construction of references to party, etc., in person (O. 1, r. 9)
9.—(1) In these Rules, for the purposes of any relevant matter or proceeding, unless the context otherwise requires —
(a)
a reference to a person, plaintiff or party who sues or acts in person, to a defendant or party who appears, defends or acts in person, to an appellant or a respondent who appears, who does not or fails to appear or who acts in person, or to a litigant in person includes a reference to —
(i)
a company, variable capital company or limited liability partnership represented by an officer of the company, variable capital company or limited liability partnership pursuant to leave given by the Court under paragraph (2);
[S 458/2020 wef 15/06/2020]
(ii)
an unincorporated association (other than a partnership or a registered trade union) represented by an officer of the unincorporated association pursuant to leave given by the Court under paragraph (3); or
(iii)
a registered trade union represented by an officer of the trade union pursuant to section 26(6) of the Trade Unions Act (Cap. 333); and
(b)
a reference to the doing of any thing by any such person, plaintiff, party, defendant, appellant, respondent or litigant includes —
(i)
in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is a company, variable capital company or limited liability partnership referred to in sub-paragraph (a)(i), a reference to the doing of that thing by the officer of the company, variable capital company or limited liability partnership referred to in that sub-paragraph;
[S 458/2020 wef 15/06/2020]
(ii)
in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is an unincorporated association referred to in sub-paragraph (a)(ii), a reference to the doing of that thing by the officer of the unincorporated association referred to in that sub-paragraph; or
(iii)
in any case where the person, plaintiff, party, defendant, appellant, respondent or litigant is a registered trade union, a reference to the doing of that thing by an officer of the registered trade union.
(2) For the purposes of section 34(1)(ea) of the Legal Profession Act (Cap. 161) and paragraph (1), the Court may, on an application by a company, variable capital company or limited liability partnership, give leave for an officer of the company, variable capital company or limited liability partnership to act on behalf of the company, variable capital company or limited liability partnership in any relevant matter or proceeding to which the company, variable capital company or limited liability partnership is a party, if the Court is satisfied that —
(a)
the officer has been duly authorised by the company, variable capital company or limited liability partnership to act on behalf of the company, variable capital company or limited liability partnership in that matter or proceeding; and
[S 458/2020 wef 15/06/2020]
(b)
it is appropriate to give such leave in the circumstances of the case.
[S 458/2020 wef 15/06/2020]
(3) For the purposes of section 34(1)(eb) of the Legal Profession Act and paragraph (1), the Court may, on an application by an unincorporated association (other than a partnership or a registered trade union), give leave for an officer of the unincorporated association to act on behalf of the unincorporated association in any relevant matter or proceeding to which the unincorporated association is a party, if the Court is satisfied that —
(a)
the officer has been duly authorised by the unincorporated association to act on behalf of the unincorporated association in that matter or proceeding; and
(b)
it is appropriate to give such leave in the circumstances of the case.
(4) An application under paragraph (2) or (3) shall be supported by an affidavit —
(a)
stating —
(i)
the position or office in the company, variable capital company, limited liability partnership or unincorporated association held by the officer;
[S 458/2020 wef 15/06/2020]
(ii)
the date on which, and the manner by which, the officer was authorised to act on behalf of the company, variable capital company, limited liability partnership or unincorporated association in that matter or proceeding; and
[S 458/2020 wef 15/06/2020]
(iii)
the reasons why leave should be given for the officer to act on behalf of the company, variable capital company, limited liability partnership or unincorporated association in that matter or proceeding;
[S 458/2020 wef 15/06/2020]
(b)
exhibiting a copy of any document of the company, variable capital company, limited liability partnership or unincorporated association by which the officer was authorised to act on behalf of the company, variable capital company, limited liability partnership or unincorporated association in that matter or proceeding; and
[S 458/2020 wef 15/06/2020]
(c)
made by any other officer of the company, variable capital company, limited liability partnership or unincorporated association.
[S 458/2020 wef 15/06/2020]
(5) For the purposes of section 34(1)(ea) and (eb) and (3) of the Legal Profession Act and in this Rule, “relevant matter or proceeding” means —
(a)
any matter or proceeding commenced in, or any appeal under any written law from any tribunal to, the Court of Appeal;
(aa)
any matter or proceeding commenced in, or any appeal under any written law from any tribunal to, the Appellate Division;
[S 1043/2020 wef 02/01/2021]
(b)
any matter or proceeding commenced in the High Court before 2 January 2021 or the General Division on or after that date, and any appeal from that matter or proceeding;
[S 1043/2020 wef 02/01/2021]
(ba)
any matter or proceeding commenced in a Family Court and any appeal from that matter or proceeding;
[S 671/2014 wef 01/10/2014]
(c)
any matter or proceeding commenced in a District Court and any appeal from that matter or proceeding; and
(d)
any matter or proceeding commenced in a Magistrate’s Court and any appeal from that matter or proceeding,
whether or not that matter, proceeding or appeal was commenced before, on or after 1st May 2014.
[S 299/2014 wef 01/05/2014]
(6) In this Rule —
“company” means a company incorporated under the Companies Act (Cap. 50);
“Court” means —
(a)
the Court of Appeal, if the relevant matter or proceeding is —
(i)
any matter, proceeding or appeal referred to in paragraph (5)(a); or
(ii)
any appeal referred to in paragraph (5)(b), (c) or (d) to the Court of Appeal, in respect of which no leave has been given under paragraph (2) or (3) by a court below;
(aa)
the Appellate Division, if the relevant matter or proceeding is —
(i)
any matter, proceeding or appeal referred to in paragraph (5)(aa); or
(ii)
any appeal referred to in paragraph (5)(b), (c) or (d) to the Appellate Division, in respect of which no leave has been given under paragraph (2) or (3) by a court below;
[S 1043/2020 wef 02/01/2021]
(b)
the High Court before 2 January 2021 or the General Division on or after that date, if the relevant matter or proceeding is —
(i)
any matter, proceeding or appeal referred to in paragraph (5)(b); or
(ii)
any appeal referred to in paragraph (5)(c) or (d) to the High Court before 2 January 2021 or the General Division on or after that date, in respect of which no leave has been given under paragraph (2) or (3) by a court below;
[S 1043/2020 wef 02/01/2021]
(ba)
a Family Court, if the relevant matter or proceeding is any matter, proceeding or appeal referred to in paragraph (5)(ba);
[S 671/2014 wef 01/10/2014]
(c)
a District Court, if the relevant matter or proceeding is —
(i)
any matter, proceeding or appeal referred to in paragraph (5)(c); or
(ii)
any appeal referred to in paragraph (5)(d) under Order 55B, in respect of which no leave has been given under paragraph (2) or (3) by a Magistrate’s Court; or
(d)
a Magistrate’s Court, if the relevant matter or proceeding is any matter, proceeding or appeal referred to in paragraph (5)(d);
[S 299/2014 wef 01/05/2014]
“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);
“manager”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
“officer” —
(a)
in relation to a company or variable capital company, means any director or secretary of the company or variable capital company, or a person employed in an executive capacity by the company or variable capital company;
[S 458/2020 wef 15/06/2020]
(b)
in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership;
(c)
in relation to an unincorporated association (other than a partnership or a registered trade union), means the president, the secretary, or any member of the committee of the unincorporated association; or
(d)
in relation to a registered trade union, has the same meaning as in the Trade Unions Act;
“partner”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
“registered trade union” has the same meaning as in the Trade Unions Act;
[S 458/2020 wef 15/06/2020]
“variable capital company” has the meaning given by section 2(1) of the Variable Capital Companies Act 2018 (Act 44 of 2018).
