Singapore legislation
Section 30
Section 30
Disability of persons in default
(1)
Where a person carries on business in Singapore as a limited partnership without —
the limited partnership being registered under this Act;
being registered as a partner of the limited partnership under this Act; or
providing any information required under section 18,then the rights of the person (called in this section a defaulter) under or arising out of any contract, in relation to the business carried on by the defaulter in respect of which there is no valid registration or there is non-compliance with section 18, made or entered into by or on behalf of the defaulter at any time while the defaulter is in default is, subject to subsection (3), not enforceable by action or other legal proceedings either in the name of the limited partnership or otherwise.
(2)
A defaulter may apply to the court for relief against the disability imposed by this section.
(3)
The court, on being satisfied that the default was accidental or due to inadvertence or some other sufficient cause, or that on other grounds it is just and equitable to grant relief, may grant relief either generally, or as respects any particular contract, on condition that the costs of the application are paid by the defaulter, unless the court otherwise orders, and on such other conditions (if any) as the court may impose.
(4)
Relief under subsection (3) is not to be granted except on such service and publication of notice of the application as the court may order, nor is relief to be given in respect of any contract if any party to the contract proves to the satisfaction of the court that, if the provisions of this Act had been complied with, the party would not have entered into the contract.
(5)
This section does not affect the rights of any other party as against the defaulter in respect of a contract mentioned in subsection (1).
(6)
If any action or proceedings are commenced by any other party against the defaulter to enforce the rights of a party in respect of a contract mentioned in subsection (1), this section does not prevent the defaulter from enforcing in that action or proceedings, by way of counterclaim, set‑off or otherwise, such rights as the defaulter may have against that party in respect of that contract.
(7)
Without limiting the powers of the court to grant the relief mentioned in subsection (3), if any proceedings to enforce any contract are commenced by a defaulter in a District Court or Magistrate’s Court, the District Court or Magistrate’s Court may, as regards that contract, grant relief under this section.
(8)
In this section, “court” means the General Division of the High Court.