The Management Corporation - Strata Title Plan No. 4572 v Kingsford Development Pte. Ltd. & 3 Ors

The Management Corporation - Strata Title Plan No. 4572 v Kingsford Development Pte. Ltd. & 3 Ors

The Default Judgment was irregularly obtained because the originating claim served on D4 lacked the material Form 10 notice required by Form 8/O 6 r 5(1), but the irregularity did not amount to egregious procedural injustice; D4 was not shown to be bound to lose and thus the Default Judgment was set aside on condition that D4 provide security of S$80,000 by way of solicitor's undertaking.

Citation
[2023] SGHCR 8
Parties
Claimant: Management Corporation - Strata Title Plan No. 4572; First Defendant: Kingsford Development Pte Ltd; Second Defendant: Xinyuan Construction Pte Ltd; Third Defendant: Cui Zhengfeng; Fourth Defendant: ADF Waterproof Pte Ltd
Court
High Court Registrar
Jurisdiction
Singapore
Judgment Date
30 June 2023
Case Number
HC/OC 499/2022 ( HC/SUM 795/2023 )
Procedural Posture
Originating Claim No 499 of 2022 (summons No 795 of 2023) / Application to Set Aside Default Judgment (summons Hearing)
Outcome
Application granted in part: Default Judgment set aside subject to conditions
Legal Topics
Default Judgment, Setting Aside Judgment, Collateral Warranties, Service and Form of Originating Claim, Conditional Leave to Defend/security
Source Language
English
Civil Procedure Building and Construction Law Default Judgment Setting Aside Judgment Collateral Warranties Service and Form of Originating Claim Conditional Leave to Defend/security

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Parties

Management Corporation - Strata Title Plan No. 4572

Claimant

Kingsford Development Pte Ltd

First Defendant

Xinyuan Construction Pte Ltd

Second Defendant

Cui Zhengfeng

Third Defendant

ADF Waterproof Pte Ltd

Fourth Defendant

Procedural Posture

Originating Claim No 499 of 2022 (summons No 795 of 2023) / Application to Set Aside Default Judgment (summons Hearing)

Legal Issues

  1. 1 Whether the default judgment was regularly or irregularly obtained
  2. 2 Whether the application to set aside was filed within the time limit under O 3 r 2(10) ROC 2021
  3. 3 Whether the default judgment should be set aside as of right or on other grounds

Ratio Decidendi

The Default Judgment was irregularly obtained because the originating claim served on D4 lacked the material Form 10 notice required by Form 8/O 6 r 5(1), but the irregularity did not amount to egregious procedural injustice; D4 was not shown to be bound to lose and thus the Default Judgment was set aside on condition that D4 provide security of S$80,000 by way of solicitor's undertaking.

Court Disposition

Application granted in part: Default Judgment set aside subject to conditions

Orders

  • Default Judgment dated 3 February 2023 entered against ADF Waterproof Pte Ltd is set aside
  • ADF Waterproof Pte Ltd to provide security in the sum of S$80,000 by way of a solicitor's undertaking as condition of setting aside