Part 8: Originating Processes, Documents, and Service In or Out of Singapore

57. Originating Applications Form of originating applications Originating applications to be heard in open court 58. Identification numbers to be stated in cause papers Parties named in the title of the documents Parties not named in the title of the documents Documents filed by 2 or more parties Identification numbers for non-parties Special cases Identification numbers Guidelines for the selection of identification numbers Inability to furnish identification number at the time of filing a document Meaning of document Non-compliance 59. Endorsements on originating processes and other documents 60. Amendment of documents Application Amendment of any document Amendment of pleadings Amendment endorsements on electronic forms 61. Pleadings 62. Personal service of processes and documents 63. Application for service out of Singapore of originating process or other court document and for extension of validity of originating process 64. Court’s power to dismiss an action if no reasonable steps taken to serve originating process expeditiously 65. Substituted service

This paragraph applies to originating applications filed on or after 1 April 2022.

Form of originating applications

Where any legislation requires a party to file an originating application and the form is not provided within the legislation, the originating application must be filed using either Form 15 (Originating Application) or Form 16 (Originating Application (Without Notice)) of Appendix A of these Practice Directions.

The parties in Form 15 of Appendix A of these Practice Directions must be stated as “claimant” or “applicant”, and “defendant” or “respondent”, as may be appropriate.

The party in Form 16 of Appendix A of these Practice Directions must be stated as “claimant” or “applicant”, as may be appropriate.

Originating applications to be heard in open court

Order 15, Rule 1(1) of the Rules of Court 2021 provides that every originating application must be heard in chambers, subject to any written law or practice directions.

The following are examples of originating applications to be heard in open court pursuant to written law:

applications for a judicial management order (Rule 6(1)(a) of the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020; (b) applications to wind up a company (Rule 6(1)(b) of the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020); (c) applications to wind up a limited liability partnership (Rule 5(1)(a) of the Limited Liability Partnerships (Winding Up) Rules); (d) applications to wind up a variable capital company or a sub-fund (Rule 6(1)(a) of the Variable Capital Companies (Winding Up) Rules 2020); (e) applications for an order declaring the dissolution of a company void (Rule 6(1)(c) of the Insolvency, Restructuring and Dissolution (Corporate Insolvency and Restructuring) Rules 2020); (f) applications for an order declaring the dissolution of a limited liability partnership void (Rule 5(1)(c) of the Limited Liability Partnership (Winding Up) Rules); (g) applications for an order declaring the dissolution of a variable capital company void (Rule 6(1)(c) of the Variable Capital Companies (Winding Up) Rules 2020) or an order declaring the dissolution of a sub-fund void (Rule 6(1)(d) of the Variable Capital Companies (Winding Up) Rules 2020); (h) applications to rectify the register of partners of a limited liability partnership (Rule 5(1)(e) of the Limited Liability Partnerships (Winding Up) Rules); and (i) applications to rectify the register of members kept by a variable capital company (Rule 6(1)(f) of the Variable Capital Companies (Winding Up) Rules 2020).

In addition to any provisions in written law, the Registrar hereby directs that the following applications made by originating application are to be heard in open court:

appeals to the General Division from a tribunal under Order 20, Rule 1(a) of the Rules of Court 2021; (b) applications to the General Division by case stated in Order 20, Rule 1(b) of the Rules of Court 2021; (c) applications for apportionment of salvage in Order 33, Rule 32(1) of the Rules of Court 2021; (d) applications under the Land Titles (Strata) Act 1967 in Order 49, Rule 2 of the Rules of Court 2021; (da) applications and appeals under the Geographical Indications Act 2014 in Rules 17, 20(1) and 26(1) of the Supreme Court of Judicature (Intellectual Property) Rules 2022; (e) applications and appeals under the Patents Act 1994 in Rules 40(1), 44(1) and 45(1) of the Supreme Court of Judicature (Intellectual Property) Rules 2022; (ea) applications and appeals under the Registered Designs Act 2000 in Rules 55 and 58(1) of the Supreme Court of Judicature (Intellectual Property) Rules 2022; (f) applications and appeals under the Trade Marks Act 1998 in Rules 67 and 70(1) of the Supreme Court of Judicature (Intellectual Property) Rules 2022; (fa) applications for admission as lawyer (non-practitioner) under section 11A of the Legal Profession Act 1966; (g) applications for admission as advocate and solicitor under section 12 of the Legal Profession Act 1966; (h) applications for ad hoc admissions under section 15 of the Legal Profession Act 1966; (i) applications for permission for eligibility for election or appointment as a member of Council of Law Society under section 49(6) of the Legal Profession Act 1966; (j) applications for an order that a solicitor be struck off the roll, etc. under section 98(1) of the Legal Profession Act 1966; (k) applications for the name of a solicitor to be replaced on the roll under section 102(2) of the Legal Profession Act 1966; (l) applications for the vesting of property of a registered trade union in a trustee under section 45 of the Trade Unions Act 1940; (m) applications by the Public Trustee for the appointment of new trustees to administer a charitable trust under section 63(4) of the Trustees Act 1967; and (n) applications for a company to be placed under judicial management under section 227A of the Companies Act (Cap. 50, 2006 Rev. Ed.) or section 90 of the Insolvency, Restructuring and Dissolution Act 2018.

Parties named in the title of the documents

Where a party to any proceedings in the Supreme Court first files a document in such proceedings, he or she must provide his or her identification number in accordance with the Electronic Filing System data entry fields for identification number.

Parties not named in the title of the documents

Where a party to any proceedings in the Supreme Court first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, the identification number of the party should be provided in accordance with the Electronic Filing System data entry fields for identification number.

Documents filed by 2 or more parties

Sub-paragraphs (1) and (2) apply, with the necessary modifications, to documents which are filed by more than 1 party.

Identification numbers for non-parties

If any person (living or dead), any entity or any property is the subject matter of any proceedings, or is affected by any proceedings, but is not a party to the proceedings, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must provide the identification number of such person, entity or property in accordance with the Electronic Filing System data entry fields for identification number. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he or she may state “(ID No. Not Known)”.

Special cases

The following directions apply in addition to the directions contained in sub-paragraphs (1) to (4):

Where a party is represented by a litigation representative or guardian in adoption, sub-paragraphs (1) to (3) apply to the litigation representative or guardian in adoption as if he or she were a party to the proceedings, and the identification numbers of the party, the litigation representative and/or the guardian in adoption must be provided in accordance with the Electronic Filing System data entry fields for identification number; (b) where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, sub-paragraphs (1) to (3) apply to the deceased person as if he or she were a party; (c) where more than one identification number applies to any party, person, entity or property, the identification numbers must be stated in any convenient order; and (d) for bankruptcy matters, the creditor must, in addition to his or her own identification number, also provide the identification number of the debtor in the first document filed by the creditor in the bankruptcy proceedings.

Identification numbers

When entering the identification number in the Electronic Filing Service, the full identification number, including the letters before and after the number should be entered.

Guidelines for the selection of identification numbers

The following guidelines should be followed in deciding on the appropriate identification number:

NATURAL PERSON WITH SINGAPORE IDENTITY CARD (a) For a natural person who is a Singapore citizen or permanent resident, the identification number is the number of the identity card issued under the National Registration Act 1965. The 7-digit number as well as the letters at the front and end should be stated. For example, “(NRIC No. S1234567A)”. NATURAL PERSON WITH FIN NUMBER (b) For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act 1965, but has been assigned a FIN number under the Immigration Regulations, the identification number is the FIN number. The number should be preceded by the prefix “FIN No.” NATURAL PERSON: BIRTH CERTIFICATE OR PASSPORT NUMBER (c) For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act 1965 or assigned a FIN number, the identification number is the birth certificate or passport number. The number should be preceded by either of the following, as appropriate: “(Issuing country) BC No.” or “(Issuing country) PP No.” NATURAL PERSON: OTHER NUMBERS (d) For a natural person who is not a Singapore citizen or permanent resident, and has not been assigned a FIN number and does not have a birth certificate or passport number, the identification number is the number of any identification document he or she may possess. Both the number as well as some descriptive words which will enable the nature of the number given and the authority issuing the identification document to be ascertained should be stated. For example, “Japanese Identification Card No.” DECEASED PERSON (e) For a deceased natural person, the identification number must be as set out in sub-paragraph 7(a) to (d) above. However, if such numbers are not available, the identification number is the death registration number under the Registration of Births and Deaths Rules or the equivalent foreign provisions, where the death is registered abroad. The number as well as the following words should be stated: “(Country or place of registration of death) Death Reg. No.” COMPANY REGISTERED UNDER THE COMPANIES ACT 1967 (f) For a company registered under the Companies Act 1967, the identification number is the Unique Entity Number (UEN). COMPANY REGISTERED OUTSIDE SINGAPORE (g) For a company registered outside Singapore which is not registered under the Companies Act 1967, the identification number is the registration number of the company in the country of registration. BUSINESS REGISTERED UNDER THE BUSINESS NAMES REGISTRATION ACT 2014 (h) For a body registered under the Business Names Registration Act 2014, the identification number is the UEN number. LIMITED LIABILITY PARTNERSHIP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIPS ACT 2005 (i) For a limited liability partnership registered under the Limited Liability Partnerships Act 2005, the identification number is the UEN number. OTHER BODIES AND ASSOCIATIONS (j) For any other body or association, whether incorporated or otherwise, which does not fall within sub-paragraph 7(f) to (i), the identification number is any unique number assigned to the body or association by any authority. Both the number as well as some descriptive words which will enable the nature of the number given and the authority assigning the number to be ascertained should be stated. For example, “Singapore Trade Union Reg. No. 123 A”. SHIP OR VESSEL (k) For a ship or vessel, the identification number is the registration number assigned by the port of registry. If no such registration number is available, the identification number assigned by the International Maritime Organisation (IMO) or the number of the license granted by any authority is the identification number. NO IDENTIFICATION NUMBERS EXIST (l) Where the appropriate identification numbers prescribed by sub- paragraph (7)(a) to (k) do not exist, the following words should be stated immediately below or after the name of the party, person, entity or property concerned: “(No ID No. exists)”.

Inability to furnish identification number at the time of filing a document

If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required by this paragraph, the party may indicate “(ID No. Not Known)” at the time of filing. However, when the necessary identification numbers have been obtained, the party will have to furnish the necessary identification numbers to the Registry through the Electronic Filing Service.

Meaning of document

To avoid doubt, the words “document” and “documents” when used in this paragraph include all originating processes filed in the Supreme Court regardless of whether they are governed by the Rules of Court 2021. The words also include all documents filed in connection with bankruptcy proceedings.

Non-compliance

Any document which does not comply with this paragraph may be rejected for filing by the Registry.

Where it is necessary to include endorsements on any document, the directions in this paragraph apply.

Endorsements are normally made on originating processes and other documents to show renewal and amendments. Such endorsements on originating processes and other documents do not require the Registrar’s signature as they are made pursuant to either an order of court or the Rules of Court 2021. The Registrar should therefore not be asked to sign such endorsements.

For documents that are filed through the Electronic Filing Service as electronic forms composed online:

Solicitors should select the appropriate endorsement, and check the accuracy of the electronic form in the preview stage before filing the originating process or other document. The acceptance by the Registry of electronic forms composed online does not affect the regularity of any endorsements on the document. (b) Where endorsements can be made prior to the filing or issuance of a document, those endorsements must be incorporated into the document before the document is filed or issued. (c) Where endorsements must be made on a document which has already been filed or issued, a fresh copy of the document containing the relevant endorsements must be prepared, and the document must be re-filed or re-issued, as the case may be. An example of this would be renewals of originating claims.

Application

The directions in this paragraph apply to documents and pleadings filed in any proceedings.

Amendment of any document

Where a document is required to be amended and filed in Court, a fresh copy of the document with the amendments included must be prepared, regardless of the number and length of the amendments sought to be made.

The procedure for amending a document is as follows:

A fresh amended copy of the document should be produced. (b) The number of times the document has been amended must be indicated in parentheses after the name of the document. It should therefore be entitled “\[document name] (Amendment No. 1)” or “\[document name] (Amendment No. 2)”, or as appropriate. (c) The changes made in the document from the latest version of the document filed in Court should be indicated in the following way: (i) deletions must be made by drawing a single line across the words to be deleted; and (ii) insertions must be underlined.

The directions in sub-paragraph (3)(b) do not apply to originating applications and summonses amended from an application or summons to an application or summons without notice or the other way around.

The directions in sub-paragraph (3)(c) do not apply to the originating processes, summonses and other electronic forms that are composed online through the Electronic Filing Service.

Amendment of pleadings

The directions in sub-paragraphs (2) and (3) apply to the amendment of pleadings. A Statement of Claim which is amended for the first time should be filed as “Statement of Claim (Amendment No. 1)”, and a Defence that is amended for the second time should be filed as “Defence (Amendment No. 2)”.

COLOUR SCHEMES FOR AMENDMENTS

The following colours must be used to indicate the history of the amendments in pleadings:

black for the first round of amendments; (b) red for the second round of amendments; (c) green for the third round of amendments; (d) blue for the fourth round of amendments; and (e) brown for subsequent rounds of amendments.

AMENDMENT FOR THIRD TIME OR MORE

From the third round of amendments onwards, the amended pleading should comprise 2 versions of the document:

a clean version without the amendments shown; followed in the same document by (b) a version showing the amendments in colour.

Only 1 amended pleading consisting of these 2 versions is required to be filed.

Amendment endorsements on electronic forms

An amended pleading or other document must be endorsed with a statement that it has been amended, specifying the date on which it was amended and by whom the order (if any) authorising the amendment was made and the date of the order, and if no such order was made, the relevant provision in the Rules of Court 2021 pursuant to which the amendment was made. Where electronic forms are amended, the amendment endorsement must take either one of the following forms:

By order of court made on \[date order was made]; or (b) Pursuant to Order 9, Rule \[cite specific sub-rule number] of the Rules of Court 2021.

The amendment endorsement must be appended to the title of the electronic form, after the amendment number as required under sub-paragraph (3)(b). Where an electronic form is amended more than once, the endorsement need only cite the basis for the most recent amendment. For example:

Originating Application (Amendment No. 3, by Order of Court made on 1 April 2022) Originating Claim (Amendment No. 1, pursuant to O 9, r 14(5) of the Rules of Court 2021)

The date of the electronic form must reflect the date on which the document is amended.

The attention of advocates and solicitors is drawn to the pleading requirements laid down by the Court of Appeal in the case of Sembcorp Marine Ltd v PPL Holdings Pte Ltd and another and another appeal \[2013] 4 SLR 193 for disputes involving a contextual approach to the construction of a contract.

In particular, the Court of Appeal made the following observations at \[73] of the judgment:

parties who contend that the factual matrix is relevant to the construction of the contract must plead with specificity each fact of the factual matrix that they wish to rely on in support of their construction of the contract; (b) the factual circumstances in which the facts in sub-paragraph (2)(a) were known to both or all the relevant parties must also be pleaded with sufficient particularity; (c) parties should in their pleadings specify the effect which such facts will have on their contended construction; and (d) the obligation of the parties to disclose evidence would be limited by the extent to which the evidence is relevant to the facts pleaded in sub-paragraph (2)(a) and (b).

The attention of solicitors is drawn to Order 7, Rule 2(2) of the Rules of Court 2021.

Solicitors are required to notify the Registry of the particulars of their employees who have been authorised by them to serve processes and documents (“authorised process servers”) by submitting a request to authorise user through the Electronic Filing Service. Where such authorised process servers are no longer so authorised, solicitors are to revoke or delete the authorisation immediately by submitting a request through the Electronic Filing Service. Solicitors’ employees do not require the authorisation of the Registrar to effect personal service of processes and documents.

As personal service can be effected by a solicitor, a solicitor’s employee, a litigant who is not legally represented or such a person’s employee, Court process servers will not be assigned to effect personal service of originating processes and documents unless there are special reasons.

If there are special reasons requiring personal service by a Court process server, a Request for such service should be filed through the Electronic Filing Service, setting out the special reasons. The approval of the Duty Registrar should then be obtained for such service. Once approval has been obtained and the fees prescribed by the Fourth Schedule to the Rules of Court 2021 have been paid, a process server will be assigned to effect service and an appointment for service convenient to both the litigant and the assigned process server will be given.

On the appointed date, the person accompanying the Court process server should call at the Registry. The party requesting service to be effected by the Court process server will be responsible for all transport charges incurred for the purposes of effecting service.

Under Order 8, Rule 1(2) of the Rules of Court 2021, a claimant applying for the Court’s approval to serve an originating process or other court document out of Singapore must file a supporting affidavit stating, among others, why the Court has the jurisdiction, or is the appropriate court, to hear the action.

For the purposes of showing why the Court is the appropriate court to hear the action, the claimant should include in the supporting affidavit any relevant information showing that:

there is a good arguable case that there is sufficient nexus to Singapore; (b) Singapore is the forum conveniens; and (c) there is a serious question to be tried on the merits of the claim.

For the purposes of sub-paragraph 2(a), the claimant should refer to any of the following non-exhaustive list of factors (as may be applicable) in the supporting affidavit:

relief is sought against a person who is domiciled, ordinarily resident or carrying on business in Singapore, or who has property in Singapore; (b) an injunction is sought ordering the defendant to do or refrain from doing anything in Singapore (whether or not damages are also claimed in respect of a failure to do or the doing of that thing); (c) the claim is brought against a person duly served in or outside Singapore, and a person outside Singapore is a necessary or proper party to the claim; (d) the claim is brought to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of a contract, being (in either case) a contract which —

A claimant applying for the Court’s approval to serve an originating process out of Singapore should consider whether an application should also be made to extend the validity of the originating process. If the claimant is able to demonstrate that the originating process will not or is not likely to be served on all or any of the defendants out of Singapore before the originating process expires, the claimant is to consider making the application for the extension of the validity of the originating process in a single summons, together with the application for approval to serve the originating process out of Singapore, notwithstanding the provisions of paragraph 67 of these Practice Directions. In any application for an extension of the validity of the originating process, the claimant is to seek a period of extension which is appropriate by reference to the length of time which is likely to be needed to effect service on all or any of the defendants out of Singapore.

Under Order 2, Rule 3(2) of the Rules of Court 2021, the claimant has to take reasonable steps to serve the originating claim with a statement of claim, or the originating application supported by affidavit, on a defendant expeditiously:

Order 6, Rule 5(6) and (7) of the Rules of Court 2021 set out the relevant periods within which reasonable steps to serve the originating claim on the defendant, whether in or out of Singapore, must be made; and (b) Order 6, Rule 11(4) and (5) of the Rules of Court 2021 set out the relevant periods within which reasonable steps to serve the originating application and the supporting affidavit on the defendant, whether in or out of Singapore, must be made.

Under Order 2, Rule 6(3)(a) and/or Order 9, Rule 5(1)(a) of the Rules of Court 2021, the Court may dismiss the action if it is not satisfied that the claimant has taken reasonable steps to effect service of the originating claim or originating application expeditiously. Whether a claimant has taken reasonable steps to serve the originating claim or originating application on the defendant expeditiously would depend on the facts of the case. A non-exhaustive list of factors that may be relevant to this inquiry include:

The chosen mode(s) to effect personal service on the defendant; (b) The day and time during which personal service was attempted on the defendant; (c) The number of times for which personal service was attempted on the defendant; (d) The reason(s) for which each attempt at personal service was unsuccessful; (e) Whether an application for substituted service has been or will be taken out by the claimant.

Before exercising its powers under Order 2, Rule 6(3)(a) and/or Order 9, Rule 5(1)(a) of the Rules of Court 2021, the Court may require an affidavit relating to service attempts to be filed by or on behalf of the claimant. The claimant has to demonstrate in the affidavit relating to service attempts that the steps taken to serve the originating claim or originating application on the defendant are reasonable and expeditious in the circumstances.

In any application for substituted service, the applicant should persuade the Court that the proposed mode of substituted service will probably be effective in bringing the document in question to the notice of the person to be served.

2 reasonable attempts at personal service should be made before an application for an order for substituted service is filed. In an application for substituted service, the applicant must demonstrate by way of affidavit why he or she believes that the attempts at service made were reasonable.

The applicant should, where appropriate, also consider other modes of substituted service, such as AR registered post or electronic means (including email or Internet transmission) in addition to or in substitution for substituted service by posting on doors or gates of residential or business premises.

An application for substituted service by posting at an address or by AR registered post should contain evidence (for example, relevant search results from the Inland Revenue Authority of Singapore, the Singapore Land Authority, the Housing & Development Board or the Accounting and Corporate Regulatory Authority) that the person to be served is resident or can be located at the property.

To avoid doubt, substituted service by AR registered post is deemed to be effected when the postal service has delivered the document, or attempted to deliver the document (in cases where no one is present or willing to accept the document).

If substituted service is by email, it has to be shown that the email account to which the document will be sent belongs to the person to be served and that it is currently active.

An application for substituted service by advertisement (in one issue of the Straits Times if the person to be served is literate in English, or one issue of the Straits Times and one issue of one of the main non-English language newspapers where his or her language literacy is unknown) should only be considered as a last resort and should contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed.