Topic 17 and 18: Civil Process

Question 1

What is the difference between a summary and a default judgement

Answer 1

Summary judgement: D has no real defence. Court declares for P because D’s defence is very poor.

Default judgement: D fails to follow up with a MOA or defence. So P wins by default.

Question 2

Arbitration and litigation are non-voluntary processes. True or False?

Answer 2

True. Once case has been brought against a party, the party has no choice but to enter the dispute. If not, court will issue a default judgement.

Question 3

Mareva injunction

Answer 3

Order from court preventing D from emptying his assets

Question 4

Anton pillar order

Answer 4

Order to search and seize evidence that will help the P’s case that are currently in the D’s possession

Question 5

Ex parte means?

Answer 5

Only one side knows of the interloc judgement.

For example, D cannot destroy evidence before P arrives because D is unaware that P has managed to get anton pillar.

Question 6

Both mareva injunctions and anton pillars are heard ex parte. T/F?

Answer 6

True. Supposed to be done in secret. D not supposed to be in the know.

Question 7

Subpoena

Answer 7

Force witness to attend trial

Question 8

Garnishee proceedings

Answer 8

A “garnishee” is someone who owes money to the debtor.

The winning party in a lawsuit) is judgement creditor.

The losing party is judgement debtor.

A Garnishee Order obliges the garnishee to pay judgement creditor instead of judgement debtor.

Question 9

LTC Tan lost but he is unable to pay the $20K damages to Jia Hao. He tries to ask for Jia Hao’s forgiveness, but Jia Hao says “I am going to ruin your life.” As Jia Hao’s lawyer, how do you proceed to ruin LTC Tan’s life?

Answer 9

1. Writ of seizure and sale - take LTC Tan’s car and sell it off.
2. Garnishee proceedings - Debts owed to LTC Tan are now debts owed to Jia Hao
3. Bankrupt LTC Tan

Question 10

What is the process of a civil trial?

I. Writ. Pleadings. Interlocs. Trial. Damages. Enforcement of judgement. Appeal

II. Pleadings. Writ. Trial. Damages. Interlocs. Enforcement of judgement. Appeal.

III. Appeal. Writ. Pleadings. Interlocs. Trial. Enforcement of judgement. Damages.

IV. None of the above.

Answer 10

I

Question 11

What happens during interlocs

Answer 11

Can apply for subpoena, summary judgement, mareva injunction, default judgement, etc.

Question 12

What is an affidavit

Answer 12

A written, sworn statement to ask for a court order

Question 13

Scorched earth policy

Answer 13

I will just go interloc after interloc to wear down the other party and drive up his legal fees.

Question 14

What are costs?

Answer 14

Court costs (eg. for filing interlocs)
Lawyer's fees
Charges
Disbursements
Expert witness fees

Question 15

In Singapore, the general principle is that the loser pays the legal costs of the winner. True or false?

Answer 15

True.

Question 16

Costs are compensatory in nature. You can never be paid more costs than what you actually have to pay the lawyer. True or false?

Answer 16

True

Question 17

Let’s say winning party hired an expert witness from Japan. The winning party tries to charge it to the losing party. Does the losing party have to pay?

Answer 17

If there is a doubt in the reasonableness of the costs, the doubt is ruled in favour of the losing party.

Question 18

Indemnity basis

Answer 18

The doubt as to the reasonableness of the costs is ruled in favor of the winning party

(As opposed to standard basis, where the doubt is resolved in favor of the losing party)

Question 19

Jia Hao wants to sue LTC Tan for harassment. What is the first stage of the process?

Answer 19

1. Jia Hao must first serve a writ of summons on LTC Tan
   2a. If LTC Tan wishes to contest claim, he must file a memorandum of appearance (MOA) within 8 days of receiving writ.

If LTC Tan does not file MOA in time, Jia Hao can apply for default judgement upon him

3. LTC Tan must file defense in court and give Jia Hao a copy of his defense within 22 days of receiving writ.

If LTC Tan does not file defense in time, Jia Hao can apply for default judgement upon him.

4. Jia Hao may serve his reply within 14 days of receiving the defense from LTC Tan

Question 20

Jia Hao has served his writ on LTC Tan. LTC Tan has also filed his MOA and defense upon Jia Hao. What’s next?

Answer 20

1. Jia Hao and LTC Tan gives further details on their case, gathers evidence, prepares and exchanges witness statements.
2. Apply for discovery of documents
3. Interloc time!

Question 21

Jia Hao overheard that LTC Tan is trying to transfer all his assets and money to an offshore account. What interloc can Jia Hao use?

Answer 21

Mareva injunction!

Prevent defendant (LTC Tan) from dissipating his assets.

Question 22

What is document discovery?

Answer 22

An interlocutory application by the Court that orders both parties disclose to each other the documents in their possession, custody, or power which are relevant to the dispute

Question 23

LTC Tan (who is the defendant) suspects that Jia Hao might not be able to pay his legal costs should he loses. He thinks Jia Hao anyhow sue. What should LTC Tan do to make sure Jia Hao has enough money?

Answer 23

Apply for security of costs.

Court will order the plaintiff (Jia Hao) to give security for the defendant’s costs of action.

Question 24

Jia Hao wants to make sure that LTC Tan does not destroy a crucial piece of evidence in his car. The evidence was a piece of document that showed that LTC Tan’s plan to sabotage Jia Hao’s promotion. What interloc can Jia Hao use?

Answer 24

Anton piller!

Allow Jia Hao to search and seize the piece of evidence from LTC Tan’s car. Prevent defendant (LTC Tan) from destroying evidence.

Question 25

Jia Hao wants to stop LTC Tan from dissing him in the office as the trial is pending. Jia Hao is suffering continual harassment everyday because of LTC Tan’s diss. He might die if the dissing continues, even before the trial starts. What interloc can Jia Hao use?

Answer 25

Interim injunction.

Court will order the defendant (LTC Tan) to stop doing something to prevent causing further damage.

Question 26

Jia Hao receives LTC Tan’s defense and he laughs OUT LOUD! LTC Tan’s defense is completely lacking in substance and any sound man would throw it out of the window. What interloc can Jia Hao use?

Answer 26

Apply for summary judgement.

Court may give judgement without trial because defendant has no real defence.

Question 27

Jia Hao served his writ on LTC Tan’s desk on 1 January 2016. 8 days later, on 9 January, both you and Jia Hao have not received any response from LTC Tan On 10 January, LTC Tan is still seen mopping around in NSPD, as though nothing has changed. When Jia Hao (with the Provost on his tail) barges into NSPD to confront LTC Tan, he says ‘Jia Hao, stop disturbing me. I got work to do.’ What interloc can Jia Hao use?

Answer 27

Apply for a default judgement on LTC Tan.

Court will give judgement for Jia Hao because defendant failed to comply with directions of Court.

Question 28

What is the process of filing for any of the interlocs mentioned (anton piller, mareva injunction, summary judgement etc.)?

Answer 28

File a Summons together with an affidavit.

Summons is a document that sets out the orders which a party wishes to obtain from court.

Affidavit is a signed statement of fact made under oath. Facts which a party relies on to support or oppose the interloc application.

Affidavit is attested to before a Commissioner for Oaths

Summons is heard by a Registrar or Deputy Registrar

Question 29

Jia Hao and LTC Tan have disclosed all documents, set out the necessary interlocutory judgements, and filed for evidence. They are ready for trial. What’s next?

Answer 29

1. Set down the case for trial
2. Pre-trial conference with Judge to confirm that all pre-trial matters are dealt with, logistical stuffs, and hear a trial date
3. Trial date is set

Question 30

It’s the date of the trial. Jia Hao is nervous. He pours out two glasses of Vodka and the both of you have a pre-trial shot for good luck. Jia Hao turns to you and says ‘Scott, give me a run down on what’s going to happen before all this shit is over.’ You say…

Answer 30

First, we will go in. I will make my opening statement first, then LTC Tan’s lawyer will make his. We will both dig deep into each other’s witnesses. After that, we make our closing submissions.

Then, the court will make a judgement. However, there’s a chance they may adjourn the case to take more time to consider.

After judgement, a Registrar will hear the case and decide on the quantum of damages to be awarded.

Question 31

Unfortunately, Jia Hao loses the trial. The Magistrate has ruled that LTC Tan is not liable in the tort of sabotage for damaging Jia Hao’s chances at becoming SGT. Jia Hao is very unhappy and wants to appeal to High Court. What should you do to make an appeal?

Note: Jia Hao’s claim is $50K.

Answer 31

Within 14 days, obtain leave of Court to appeal, and file an appeal.

Since Jia Hao’s claim is less than $60,000, you will need to obtain a leave of appeal.

Question 32

Jia Hao is not satisfied with the Registrar’s assessment of damages. The Registrar awarded him a measly $10k.

He wants to appeal to District Judge in Chambers for his claim of damages of at least $50k. Does he need a leave of appeal?

Answer 32

No need.

No leave of appeal required to appeal to District Judge from Registrar’s assessment of damages.

Question 33

Despite appealing to a District Judge in Chambers to increase his damages awarded from $10k to $50k, the District Judge still only awarded him $20k.

Jia Hao wants to appeal to High Court Judge in Chambers to get at least $50k. Does he need a leave of appeal?

Answer 33

Yes.

Leave of appeal is required if the claim does not exceed $50k.

Question 34

If LTC Tan failed to file his defense within 22 days of receiving the writ from Jia Hao, does that mean Jia Hao’s claim for sabotage will automatically succeed?

Answer 34

Nope.

Jia Hao can apply for default judgement, but the Court has discretion to vary or even set aside such a judgement.

Question 35

Jia Hao is late for his pre-trial conference with LTC Tan. What may happen to his case?

Answer 35

Court may dismiss claim against LTC Tan

Question 36

LTC Tan is absent for his pre-trial conference. Is this good news for Jia Hao, or will it make no difference?

Answer 36

Good news. Court may enter judgement against LTC Tan.

Question 37

What happens at the Pre-Trial Conference?

Answer 37

Judge will ask if case can be resolved amicably without trial.

Judge may encourage parties to mediate instead.

Judge will book a date for the trial. Only 1 day is allocated.

Judge will check with parties on logistical stuff (eg. whether any interpreters will be required)

Question 38

At the last minute, Jia Hao tells you that he would rather face LTC Tan full on. No lawyers, no bullshit. Jia Hao says he wants to conduct the trial himself. He asks you for some tips on how to do the courtroom thing. How do you respond?

Answer 38

First, familiarise yourself with all the affidavits of evidence-in-chief that have been filed.

Next, prepare some tough questions for cross-examination of your opponent’s witnesses. You can Google Davinder Singh for tips.

Third, (if you haven’t done so) notify all your witnesses on the trial date and location.

Fourthly, read up on the case laws I sent you. Write a solid opening statement (use my assignment from NUS).

Question 39

What documents does Jia Hao (who is representing himself against LTC Tan) have to submit before the trial?

Answer 39

All his witnesses’ affidavits

All the documents he is relying on at trial

All the authorities and case law he is relying on

His opening statement.

Question 40

On the day of the trial, both you and Jia Hao are late. What do you do?

Answer 40

Call LTC Tan’s lawyer and inform him you will be there in 15 minutes.

Question 41

What is the sequence of proceedings during the trial?

Answer 41

The Plaintiff will introduce the parties (e.g. “I am Jia Hao, the Plaintiff. My learned friend Bryan Joel is counsel for the Defendant”).

The Court will mark the bundles (e.g. “Plaintiffs Bundle of Affidavits marked PA pages 1 to 100”).

Opening statements are read by both sides.

The Plaintiff will call his witnesses; Defendant to cross-examine; Plaintiff to re-examine.

After all the Plaintiff’s witnesses are called, the Plaintiff will close his case.

Defendant to call witnesses; Plaintiff to cross-examine; Defendant to re-examine

After all the Defendant’s witnesses are called, the Defendant will close his case.

Closing submissions are read by both sides.

Court delivers its judgment.

Question 42

Jia Hao informs LTC Ng that he needs to come as a witness. LTC Ng refuses, saying that he doesn’t want to be involved. What can Jia Hao do?

Answer 42

Jia Hao can file for a subpoena to force LTC Ng to get his ass in the courtroom.

Question 43

Salary cannot be taken away in both a writ of seizure of sale AND and a garnishee order. True or false?

Answer 43

True. The Supreme Court of
Judicature Act prohibits the attachment of salaries by writ of seizure of sale and this bar extends to the garnishee process.

Question 44

What is a writ of seizure and sale?

Answer 44

Seize moveable property belonging to the debtor. If debtor fails to pay in 7 days, items will be sold and proceedings given to judgement creditor.

Can take everything except:

Apparel and bedding that does not exceed $1,000;

Tools of trade necessary to enable him to earn his livelihood as such;

Wages or salary

Any pension, gratuity or allowance granted by the Government; and

Question 45

After all the evidence has been submitted, the court will normally hear closing submissions by both counsel. Must the closing submissions be be given orally?

Answer 45

No.

Court may want closing submissions to be given in writing.

Question 46

LTC Tan has a new dispute with SCDF. He hires you because he likes the way you skillfully screwed him over when you represented Jia Hao.

LTC Tan has a dispute with his employment contract. He thinks a particular contractual term should be interpreted to mean that LTC Tan can quit within 3 years if he wants to. What are the steps to resolving LTC Tan’s dispute with SCDF?

Answer 46

1. Serve an Originating Summons on SCDF’s lawyer
2. Each side files an affidavit (evidence) on each other
3. No trial. Judges will hear the case in their chambers and make a decision.

Question 47

You have filed an originating summons for LTC Tan and all is well. Later on, it turns out that there is a dispute of fact between LTC Tan and SCDF. SCDF claims that LTC Tan agreed to a 5 year contract, but LTC Tan denied making such an proposal. What should happen to the Originating Summons? Is it still useful?

Answer 47

No. It is now a question of fact, not law. Can convert OS into a writ action.

Question 48

What are the three types of enforcement proceedings you have learnt in SLIC?

Answer 48

Writ of seizure and sale

Garnishee proceedings

Bankruptcy