Consistel Pte Ltd and Another v Farooq Nasir and Another

Consistel Pte Ltd and Another v Farooq Nasir and Another

Where defendants were outside Singapore when the writ was issued and were not peripatetic or evading service, the plaintiff must seek leave under Order 11 to serve out of jurisdiction before resorting to substituted service within Singapore; the SAR's substituted service order was wrongly made and was set aside, and...

Source-derived case information.

Citation
[2009] SGHC 82
Parties
Plaintiff/appellant: Consistel Pte Ltd; Plaintiff/appellant: Consistel Pakistan (Pvt) Ltd; Defendant/respondent: Farooq Nasir; Defendant/respondent: Tania Jehangir
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
7 April 2009
Case Number
Suit 729/2008, RA 11/2009
Procedural Posture
Civil Service of Process/jurisdiction / Appeal From Assistant Registrar Order Setting Aside Substituted Service (high Court)
Outcome
Appeal dismissed; Assistant Registrar's order setting aside substituted service upheld
Legal Topics
Substituted Service, Service Out of Jurisdiction, Leave to Serve Out, Order 62 Rule 5, Order 11
Source Language
english
Civil Procedure Private International Law Service of Process Jurisdiction Substituted Service Service Out of Jurisdiction Leave to Serve Out Order 62 Rule 5 +1 more

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Parties

Consistel Pte Ltd

Plaintiff/appellant

Consistel Pakistan (Pvt) Ltd

Plaintiff/appellant

Farooq Nasir

Defendant/respondent

Tania Jehangir

Defendant/respondent

Procedural Posture

Civil Service of Process/jurisdiction / Appeal From Assistant Registrar Order Setting Aside Substituted Service (high Court)

Legal Issues

  1. 1 Whether substituted service within Singapore can be ordered where defendant was outside Singapore when the writ was issued
  2. 2 Whether plaintiff must seek leave under Order 11 to serve out of jurisdiction before applying for substituted service within jurisdiction
  3. 3 Whether the SAR's order for substituted service should be set aside

Ratio Decidendi

Where defendants were outside Singapore when the writ was issued and were not peripatetic or evading service, the plaintiff must seek leave under Order 11 to serve out of jurisdiction before resorting to substituted service within Singapore; the SAR's substituted service order was wrongly made and was set aside, and the Assistant Registrar's decision to set aside substituted service was upheld.

Court Disposition

Appeal dismissed; Assistant Registrar's order setting aside substituted service upheld

Orders

  • Order for substituted service dated 23 October 2008 set aside
  • Service of the writ on the defendants set aside