Supreme Court Practice Directions 2021

Part 9: Interlocutory Applications

66. Filing of summonses

Summonses without notice and “by consent” summonses

(1) Summonses must be endorsed “without notice” or “by consent”, and when so endorsed must bear a certificate to that effect signed by all the solicitors concerned. Any summons that is not so endorsed will be regarded as a contentious matter liable to exceed a hearing duration of 10 minutes.

(2) After the filing of any summons without notice or “by consent” summons, the application will be examined by the Judge or Registrar as the case may be. If the Judge or Registrar is satisfied that the application is in order and all other requirements have been complied with, the Judge or Registrar may make the order(s) applied for without the attendance of the applicant or his or her solicitor.

(3) Summonses that are filed using the Electronic Filing Service will be routed to the inbox of the applicant solicitor’s Electronic Filing Service account. Where the summons is filed through the service bureau, it may be collected at the service bureau. Enquiries by telephone will not be entertained.

Applications filed with the Court’s approval under Order 9, Rule 9(8) or (10) of the Rules of Court 2021

(4) Order 9, Rule 9(7) of the Rules of Court 2021 sets out the types of applications which may be taken out by any party at any time and without the Court’s direction or approval.

(5) Order 9, Rule 9(8) and (10) of the Rules of Court 2021 state:

(6) Where a party wishes to file further applications other than those directed at a case conference, the party must first obtain the Court’s approval by filing a Request in the manner and form prescribed in Form B9 of Appendix B of these Practice Directions.

(7) The party is to specify the nature and essence of the intended application, the date of filing of the intended application and the reason(s) why the intended application is necessary at that stage of the proceedings.

(8) Where the intended application is to be filed:

(9) Where the intended application is filed subsequent to the SAPT and is one that should have been dealt with under the SAPT (“subsequent application”), the relevant fees for the subsequent application are as stipulated under item 7(k), Part 1 of the Fourth Schedule to the Rules of Court 2021 as follows:

Items Supreme Court Supreme Court
With value up to
$1 million
With value of
more than $1
million
7. On sealing or filing of –
  • (k) a summons for any subsequent application with Court’s permission made after the single application pending trial in respect of matters which should have been dealt with under the single application pending trial —
(i) first subsequent application $500 $1,000
(ii) second subsequent application $1,000 $1,500
(iii) third subsequent application $1,500 $2,000
(iv) fourth subsequent application $2,000 $2,500
(v) any subsequent application N + $1,000 N+$1,000
where “N” is the fee payable for the last application where “N” is the fee payable for the last application

(10) When filing an application subsequent to the SAPT with the Court’s approval, the party must state the filing fees as determined by the Court when granting approval for the filing of the application. The filing of such an application may be rejected if the wrong fee is indicated. Where the Court did not indicate the payable filing fees when granting approval for the filing of the application, the party must state the nature of the application that is being filed and, where appropriate, seek a waiver of the filing fees referred to at sub-paragraph (9) and explain why the application could not have been dealt with under the SAPT.

67. Filing of Distinct Applications in Separate Summonses

(1) The directions in this paragraph do not apply to a single application pending trial under Order 9, Rule 9 of the Rules of Court 2021 but apply to all other applications unless the Court otherwise directs.

(2) Where a party intends to make more than one distinct substantive application in a cause or matter, he or she must file each application in a separate summons. Distinct applications should not be combined in a single summons, unless they are inextricably or closely linked, or involve overlapping or substantially similar issues. For example, it can be envisaged that applications for:

may be closely linked to other more substantive applications.

(3) In addition, applications should not contain alternative prayers when the alternative prayers sought in effect amount to distinct applications. For example, a party should not make an application for further and better particulars of pleadings on particular issues, and in the alternative, production of documents on different issues. In such a case, separate summonses should be filed. In contrast, the following is an example of alternative prayer which may be permitted:

(4) Any summons that is not in compliance with this paragraph may be rejected by the Registry. The Court may also direct the party to file separate summonses before proceeding with the hearing or proceed with the hearing on the solicitor’s undertaking to file further summonses for the distinct applications.

68. Summary Table for Applications for Further and Better Particulars or Production of Documents

(1) Unless otherwise directed, this paragraph applies to any application made for an order under Order 9, Rule 13 or Order 9, Rule 20 read with Order 11 of the Rules of Court 2021, where:

The Court may also direct that this paragraph applies to any other application.

(2) With a view to enhancing the efficacy of an oral hearing, the parties must complete the summary table in Form B10 in Appendix B of these Practice Directions (the “Summary Table”), instead of filing written submissions. In exceptional circumstances (e.g., where there are novel issues to be determined), the parties may seek permission of the Court to file written submissions in addition to the Summary Table.

(3) Unless otherwise directed by the Court, the parties must complete the Summary Table in the following manner:

(4) Where a party wishes to adduce any evidence for the purposes of the application, or the Court grants a party permission to file written submissions in addition to the Summary Table:

69. Applications to be heard in open court

(1) Order 15, Rule 1(1) of the Rules of Court 2021 provides that every summons must be heard in chambers, subject to any written law or practice directions.

(2) An application for the committal of any person to prison for contempt in relation to the winding up of a limited liability partnership (Rule 5(1)(d) of the Limited Liability Partnerships (Winding Up) Rules) or in relation to the winding up of a variable capital company (Rule 6(1)(e) of the Variable Capital Companies (Winding Up) Rules 2020) is an example of applications to be heard in open court pursuant to written law.

(3) In addition to any provisions in the Rules of Court 2021 or other written law, and subject to further directions made by the Court, the Registrar hereby directs that the following applications are to be heard in open court:

70. Transfer of proceedings to the State Courts

Where a claim in the General Division which may have initially exceeded $250,000 is subsequently reduced below this amount, solicitors should bring this to the attention of the Registrar and apply by summons or at the hearing of a case conference for an order that the action be transferred to a State Court for trial under section 54C of the State Courts Act, which provides:

71. Applications without notice for injunctions

(1) Order 13, Rule 1(3) of the Rules of Court 2021 provides that a party may apply for an injunction by originating application without notice or summons without notice, supported by an affidavit stating the urgency and explaining why the defendant should not be informed about the application and the merits of the application.

(2) Despite sub-paragraph (1), any party applying for an injunction without notice (including an injunction prohibiting the disposal of assets) must give notice of the application to the other concerned parties prior to the hearing. The notice may be given by way of email, or, in cases of extreme urgency, orally by telephone. Except in cases of extreme urgency or with the permission of the Court, the party must give a minimum of 2 hours’ notice to the other parties before the hearing. The notice should inform the other parties of the date, time and place fixed for the hearing of the application and the nature of the relief sought. If possible, a copy of the originating process, the summons without notice or the originating application without notice (if no originating process has been issued yet) and supporting affidavit(s) should be given to each of the other parties in draft form as soon as they are ready to be filed in Court. At the hearing of the application without notice, in the event that some or all of the other parties are not present or represented, the applicant’s solicitors should inform the Court of:

(3) The directions set out in sub-paragraph (2) need not be followed if the giving of the notice to the other parties, or some of them, would or might defeat the purpose of the application without notice. However, in such cases, the reasons for not following the directions should be clearly set out in the affidavit prepared and filed in support of the application without notice.

72. Injunctions prohibiting the disposal of assets and search orders

(1) Applications for injunctions prohibiting the disposal of assets and for search orders, whether made with or without notice, will be heard by a Judge. To avoid doubt, all other applications without notice for interim injunctions may be heard by a Registrar.

(2) The language and layout of Forms 24, 25 and 26 of Appendix A of these Practice Directions are intended to make it easier for persons served with these orders to understand what they mean. These forms of orders should be used except to the extent that the Judge hearing a particular application considers there is a good reason for adopting a different form. Any departure from the terms of the prescribed forms should be justified by the applicant in his or her supporting affidavit(s).

(3) The applicant should undertake not to inform any third party of the proceedings until after the return date.

(4) Wherever practicable, applications should be made sufficiently early so as to ensure that the Judge has sufficient time to read and consider the application in advance.

Applications for search orders

(5) Form 26 of Appendix A of these Practice Directions states that the order must be served by a supervising solicitor and carried out in his or her presence and under his or her supervision. The supervising solicitor should be an experienced solicitor who is not a member or employee of the firm acting for the applicant and who has some familiarity with the operation of search orders. The affidavit prepared and filed in support of the application should include the identity and experience of the proposed supervising solicitor.

73. Documents in support of applications without notice for injunctions (including injunctions prohibiting the disposal of assets) and search orders

(1) Without limiting the requirements stated in Order 13, Rule 1 of the Rules of Court 2021 and paragraphs 71 and 72 of these Practice Directions, in order to assist the Court hearing applications without notice for injunctions (including injunctions prohibiting the disposal of assets) and search orders, an applicant must include in the affidavit prepared and filed in support of the application the following information under clearly defined headings:

(2) Without limiting paragraph 44 of these Practice Directions, an applicant must prepare and file skeletal arguments on the points to be raised at the hearing of the application without notice. At the hearing, the applicant must give a copy of the skeletal arguments to the Court and to any opponent present.

(3) The Court may also require the applicant to prepare a note of the hearing setting out the salient points and arguments canvassed before the Court and may order such a note to be served together with the Court documents on any opponent who is not present at the hearing or within a reasonable time after the service of the court documents.

74. Applications for production of documents against network service providers

(1) This paragraph applies to applications made under Order 11, Rule 11 of the Rules of Court 2021:

(2) An application referred to in sub-paragraph (1) must be made in Form 15 (Originating Application) in Appendix A of these Practice Directions.

(3) If the applicant requires an urgent hearing date, the onus lies on the applicant to attend before the Duty Registrar to highlight the nature of the application and to request that the application be fixed for hearing on an urgent basis.

75. Giving of security by receiver

(1) Where the Court appoints a receiver pursuant to Order 13, Rule 9 of the Rules of Court 2021, the Court may give directions on the form and the amount of any security to be given by the receiver for the proper discharge of the receiver’s duties.

(2) Unless otherwise directed, the security must be by guarantee (in a form approved by the Court) or, if the amount for which the security is to be given does not exceed $10,000, by an undertaking in Form B11 of Appendix B of these Practice Directions. The guarantee or undertaking must be filed in the Registry.

Powered by