Jim Thian Siong v Randhir Singh

• Jurisdiction: Singapore
• Judgment Date: 11 October 1966
• Date: 11 October 1966
• Docket Number: Civil Appeal No Y31 of 1966
• Court: Federal Court (Singapore)

Jim Thian Siong and another

Plaintiff

and

Randhir Singh

Defendant

[1966] SGFC 18

Wee Chong Jin CJ

,

Tan Ah Tah FJ

and

JW D Ambrose J

Civil Appeal No Y31 of 1966

Federal Court

Civil Procedure–Judgments and orders–Judgment in default of appearance–Application to set aside judgment–Application granted on condition that amount claimed paid into court–Whether condition should be allowed to stand

The respondent commenced an action against the appellants and obtained judgment in default of appearance. The appellants applied to set aside the default judgment and for leave to defend the action. The application was allowed on condition that the amount claimed be paid into court within 21 days from the date of the hearing of the application. The appellants appealed against the condition imposed.

Held, allowing the appeal:

The condition imposed amounted to a denial of justice in that the appellants would be unable to comply and would therefore be prevented from defending the action. The appellants would be...