Singapore legislation

Section 73B

of Supreme Court of Judicature Act 1969

Section 73B

Limited civil restraint orders

Amended by46/201846/201846/201846/201840/201940/2019

(1)

A court may, if satisfied that a party has made 2 or more applications that are totally without merit, make a limited civil restraint order against the party.

Amended by46/2018

(2)

Where a court makes a limited civil restraint order, the party against whom the order is made —

(a)

is restrained from making any further application in the legal proceedings in respect of which the order is made without the leave of that court; and

(b)

may apply to amend, vary or discharge the order, only if the party has the leave of that court to make that application.

Amended by46/2018

(3)

Where a party, who is subject to a limited civil restraint order, makes an application (other than for the leave of the court under subsection (2)) in the legal proceedings in respect of which the order is made without the leave of the court under subsection (2), that application is to be treated as dismissed —

(a)

without the court having to make any further order; and

(b)

without the need for any other party to be heard on the merits of that application.

Amended by46/2018

(4)

A limited civil restraint order —

(a)

is limited to the particular legal proceedings in respect of which the order is made; and

(b)

remains in effect for the duration of the legal proceedings in respect of which the order is made, unless the court orders otherwise.

Amended by46/2018

(5)

Where a party, who is subject to a limited civil restraint order made by the General Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the court to which the appeal is to be made under section 29C.

Amended by40/2019

(6)

Where a party, who is subject to a limited civil restraint order made by the Appellate Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the Court of Appeal.

Amended by40/2019