Terrestrial Pte Ltd v Allgo Marine Pte Ltd and another

Terrestrial Pte Ltd v Allgo Marine Pte Ltd and another

The court found that service by registered post had been effected and, taken with the defendant's conduct (including approaching plaintiff to negotiate), the Writ had been brought to the second defendant's notice under O.62 r.5; irregularity in certificate-of-posting service did not render the proceedings a nullity under O.2 r.1; accordingly the Default Judgment was set aside but the court conditioned relief by ordering defendants to appoint solicitors within seven days to accept service failing which the Default Judgment would stand; appeals were allowed with specified costs directions.

Citation
[2013] SGHC 57
Parties
Plaintiff: Terrestrial Pte Ltd; First Defendant: Allgo Marine Pte Ltd; Second Defendant: Koh Lin Yee
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
6 March 2013
Case Number
Suit No 827 of 2011 (Registrar's Appeals Nos 209 and 311 of 2012)
Procedural Posture
Civil Suit for Breach of Contract and Recovery of Loans; Registrar's Appeals and Setting Aside Application Following Default Judgment and Enforcement / High Court Determination on Registrar's Appeals and Setting Aside Application (post Default Judgment Enforcement Stage)
Outcome
First and second Registrar's Appeals allowed; Default Judgment set aside subject to conditions; directions and costs orders issued
Legal Topics
Service of Process, Substituted Service, Default Judgment, Setting Aside Judgment, Stay of Execution, Jurisdictional Effect of Service, Rules of Court Provisions, Companies Act S.387
Source Language
English
Civil Procedure Contract Law Company Law Enforcement of Judgments Service of Process Substituted Service Default Judgment Setting Aside Judgment +4 more

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Parties

Terrestrial Pte Ltd

Plaintiff

Allgo Marine Pte Ltd

First Defendant

Koh Lin Yee

Second Defendant

Procedural Posture

Civil Suit for Breach of Contract and Recovery of Loans; Registrar's Appeals and Setting Aside Application Following Default Judgment and Enforcement / High Court Determination on Registrar's Appeals and Setting Aside Application (post Default Judgment Enforcement Stage)

Legal Issues

  1. 1 Whether substituted service effected complied with O.62 r.5 and brought the writ to the defendant's notice
  2. 2 Whether service by registered post satisfied Companies Act s.387 for service on a company and ROC for substituted service on an individual
  3. 3 Whether defective or irregular service rendered the writ and subsequent Default Judgment a nullity depriving the court of jurisdiction

Ratio Decidendi

The court found that service by registered post had been effected and, taken with the defendant's conduct (including approaching plaintiff to negotiate), the Writ had been brought to the second defendant's notice under O.62 r.5; irregularity in certificate-of-posting service did not render the proceedings a nullity under O.2 r.1; accordingly the Default Judgment was set aside but the court conditioned relief by ordering defendants to appoint solicitors within seven days to accept service failing which the Default Judgment would stand; appeals were allowed with specified costs directions.

Court Disposition

First and second Registrar's Appeals allowed; Default Judgment set aside subject to conditions; directions and costs orders issued

Orders

  • Default Judgment set aside (subject to condition that defendants appoint solicitors to accept service within seven days)
  • If defendants fail to appoint solicitors within seven days to accept service the Default Judgment shall stand and the order setting it aside shall have no effect