Alphomega Research Group Ltd v Nanyang Law LLC

Alphomega Research Group Ltd v Nanyang Law LLC

Service at Alphomega's principal place of business (6 Sungei Kadut Way) constituted valid service under s48A(1)(c) of the Interpretation Act and s387 Companies Act does not exclusively preclude other effective modes of service; consequently the default judgment was regular. Further, registrar's certificates obtained after agreed taxation were conclusive under O59 r33 and Shook Lin & Bok, so Alphomega failed to establish a prima facie defence. The application to set aside the default judgment and ancillary orders is dismissed.

Citation
[2010] SGHC 45
Parties
Defendant/applicant: Alphomega Research Group Ltd; Plaintiff/respondent: Nanyang Law LLC
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
8 February 2010
Case Number
Suit No 540 of 2009 (Summons No 6121 of 2009)
Procedural Posture
Application to Set Aside Default Judgment / Decision on Application (high Court)
Outcome
Application dismissed
Legal Topics
Setting Aside Default Judgment, Service on Companies, Interpretation Act S48 a, Registrar's Certificate (taxation), Ex Debito Justitiae
Source Language
English
Civil Procedure Company Law Costs Statutory Interpretation Setting Aside Default Judgment Service on Companies Interpretation Act S48 a Registrar's Certificate (taxation) +1 more

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Parties

Alphomega Research Group Ltd

Defendant/applicant

Nanyang Law LLC

Plaintiff/respondent

Procedural Posture

Application to Set Aside Default Judgment / Decision on Application (high Court)

Legal Issues

  1. 1 Whether the writ of summons was validly served on the company
  2. 2 Whether s48A(1)(c) of the Interpretation Act applies and displaces or complements s387 of the Companies Act
  3. 3 Whether the default judgment was irregular so as to be set aside ex debito justitiae

Ratio Decidendi

Service at Alphomega's principal place of business (6 Sungei Kadut Way) constituted valid service under s48A(1)(c) of the Interpretation Act and s387 Companies Act does not exclusively preclude other effective modes of service; consequently the default judgment was regular. Further, registrar's certificates obtained after agreed taxation were conclusive under O59 r33 and Shook Lin & Bok, so Alphomega failed to establish a prima facie defence. The application to set aside the default judgment and ancillary orders is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside default judgment dismissed
  • Ancillary applications to set aside Orders, Writ of Seizure and Sale and to remove caveat dismissed