36. Security for costs and liability of officers
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Where a registered society or any of its officers purporting to act on its behalf is claimant in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the society or the officer will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs and stay all proceedings until the security is given.
registered society
“registered society” means a society registered or deemed to be registered under this Act;
Where a society is required to give security for costs under subsection (1) and the amount of the security is not sufficient to pay the costs of the defendant —
society
“society” includes any club, company, partnership or association of 10 or more persons, whatever its nature or object, but does not include —(a)any company registered under any written law relating to companies for the time being in force in Singapore;(b)any company or association constituted under any written law;(c)any limited liability partnership registered under the Limited Liability Partnerships Act 2005;(d)any trade union registered or required to be registered under any written law relating to trade unions for the time being in force in Singapore;(e)any cooperative society registered as such under any written law;(f)any mutual benefit organisation registered as such under any written law relating to mutual benefit organisations for the time being in force in Singapore;(g)any company, association or partnership, consisting of not more than 20 persons, formed for the sole purpose of carrying on any lawful business that has for its object the acquisition of gain by the company, association or partnership, or the individual members thereof;(h)any class, society or association of foreign insurers carrying on insurance business in Singapore under any foreign insurer scheme established under Part 2A of the Insurance Act 1966; or(i)any school or management committee of a school constituted under any law regulating schools for the time being in force in Singapore.
the officers of the society who approved the institution of the action or legal proceeding; and
any person who, on subsequently becoming an officer of the society, does not take any reasonable measure for the purpose of seeking the discontinuance of the action or legal proceeding,shall be jointly and severally liable for any part of the costs awarded against the society which, after deducting the amount of the security, remains unsatisfied after one month from the date the costs became payable.
This section shall apply to any action or legal proceeding whether instituted before or after 10 September 1982.