Canberra Development Pte Ltd v Mercurine Pte Ltd

Canberra Development Pte Ltd v Mercurine Pte Ltd

When a default judgment is irregular the court may refuse to set it aside if the defendant's defence is effectively bound to fail or if the defendant has unreasonably delayed in applying; the court has power to amend an irregular monetary judgment to the correct undisputed sum but exercise of that power is discretionary; applying those principles this court reinstated the default judgment but varied the monetary amount to $725,116.81 because the defendant's delay and litigation conduct precluded setting the judgment aside.

Citation
[2007] SGHC 185
Parties
Plaintiff: Canberra Development Pte Ltd; Defendant: Mercurine Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
26 October 2007
Case Number
Suit 861/2005, RA 168/2007
Procedural Posture
Civil Suit (application to Set Aside Default Judgment) / Appeal From Assistant Registrar's Decision
Outcome
Appeal allowed in part; default judgment reinstated and varied to $725,116.81; parties to be heard on costs
Legal Topics
Default Judgment, Setting Aside Irregular Judgment, Amendment of Judgment, Delay and Promptness, Possession Orders, Summary Judgment Test
Source Language
English
Civil Procedure Contract Property Law Default Judgment Setting Aside Irregular Judgment Amendment of Judgment Delay and Promptness Possession Orders +1 more

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Parties

Canberra Development Pte Ltd

Plaintiff

Mercurine Pte Ltd

Defendant

Procedural Posture

Civil Suit (application to Set Aside Default Judgment) / Appeal From Assistant Registrar's Decision

Legal Issues

  1. 1 Whether the regular part of a default judgment can be split off from the irregular part
  2. 2 What test applies when setting aside an irregular default judgment
  3. 3 Whether the court may amend an excessive default judgment that was deliberately entered

Ratio Decidendi

When a default judgment is irregular the court may refuse to set it aside if the defendant's defence is effectively bound to fail or if the defendant has unreasonably delayed in applying; the court has power to amend an irregular monetary judgment to the correct undisputed sum but exercise of that power is discretionary; applying those principles this court reinstated the default judgment but varied the monetary amount to $725,116.81 because the defendant's delay and litigation conduct precluded setting the judgment aside.

Court Disposition

Appeal allowed in part; default judgment reinstated and varied to $725,116.81; parties to be heard on costs

Orders

  • Default judgment of 9 January 2006 reinstated
  • Monetary portion of the default judgment varied to $725,116.81