Singapore legislation
Section 73D
Section 73D
General civil restraint orders
(1)
A court may, if satisfied that a party has persisted in commencing actions or making applications that are totally without merit, in circumstances where an extended civil restraint order would not be sufficient or appropriate, make a general civil restraint order against the party.
(2)
Where a court makes a general civil restraint order, the party against whom the order is made —
is restrained from commencing any action or making any application, in any court or subordinate court specified in the order, without the leave of the court that made the order; and
may apply to amend, vary or discharge the order, only if the party has the leave of the court that made the order to make that application.
(3)
Where a party, who is subject to a general civil restraint order, commences an action or makes an application (other than for the leave of the court under subsection (2)), in any court or subordinate court specified in the order, without the leave of the court under subsection (2), that action or application is to be treated as struck out or dismissed —
without the court having to make any further order; and
without the need for any other party to be heard on the merits of that action or application.
(4)
A general civil restraint order —
remains in effect for a period (not exceeding 2 years) that is specified in the order; and
must specify every court or subordinate court in which the party against whom the order is made is restrained from commencing any action or making any application.
(5)
The court —
may extend the period for which a general civil restraint order remains in effect, if the court considers it appropriate to do so; but(b)must not extend that period for more than 2 years on any given occasion.
(6)
Where a party, who is subject to a general 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.
(7)
Where a party, who is subject to a general 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.