Government of Singapore v Koh Eng Kiat

• Jurisdiction: Singapore
• Judgment Date: 18 October 1966
• Date: 18 October 1966
• Docket Number: Civil Appeal No Y11 of 1966
• Court: Federal Court (Singapore)

Government of Singapore

Plaintiff

and

Koh Eng Kiat

Defendant

[1966] SGFC 12

Wee Chong Jin CJ

,

Tan Ah Tah FJ

and

F A Chua J

Civil Appeal No Y11 of 1966

Federal Court

Civil Procedure–Writ of summons–Writ served on person residing in Malaysia–Leave of High Court of Singapore not obtained–Whether service of writ should be set aside–Section 7 (2) Courts of Judicature Act 1964 (Act 7 of 1964) (M'sia)–Section 13 Republic of Singapore Independence Act 1965 (Act 9 of 1965)

The appellant issued and served a writ against the respondent, who resided in Malaysia, without first obtaining the leave of the High Court of Singapore. The writ was served by a process server of the High Court of Malaya, on the respondent's solicitors who accepted service on his behalf. A conditional appearance was entered and an application subsequently made to the High Court of Singapore to set aside the service of the writ on the ground that the provisions of O XI of The Rules of the Supreme Court 1934 had not been complied with. An order was made setting aside the service of the writ, and the appellant appealed against that order.

The appellant's argument was that s 7 (2) of the Courts of Judicature Act 1964 (Act 7 of 1964) (M'sia) (“the Malaysian Act”), which was still law in Singapore by virtue of s 13 of the Republic of Singapore Independence Act 1965 (Act 9 of 1965) (“the Singapore Act”), expressly permitted all summonses respecting any cause or matter within the jurisdiction of the High Court of Singapore to be served anywhere in Malaysia and therefore overrode the provisions of O XI of the Rules of the Supreme Court.

Held, dismissing the appeal:

In accordance with s 13 (1) of the Singapore Act, s 7 (2) of the Malaysian Act had to be construed so as to bring it into conformity with the Singapore Act and with the independent status of Singapore upon separation from Malaysia. The proper construction of s 7 (2) of the Malaysian Act was to modify it so as to limit its territorial scope to Singapore: at [6] and [7].

Republic of Singapore Independence Act 1965 (Act 9 of 1965)s 13 (consd)

Rules of the Supreme Court1934 , TheO XI

Courts of Judicature Act1964 (Act 7 of 1964) (M'sia) s 7 (2) (consd)

Wee Han Kim (Attorney-General's Chambers) for the appellant

Goh Heng Leong (Allen & Gledhill) for the respondent.

Wee Chong Jin CJ

(delivering the judgment of the court):

1 The government of Singapore commenced an action in the High Court of...