The "MMM Diana" ex "Able Director"
| Jurisdiction | Singapore |
| Judgment Date | 19 July 2004 |
| Date | 19 July 2004 |
| Docket Number | Admiralty in Rem No 600146 of 2002 |
| Court | High Court (Singapore) |
[2004] SGHC 152
Woo Bih Li J
Admiralty in Rem No 600146 of 2002
High Court
Civil Procedure–Judgments and orders–Procedure for setting aside default judgment obtained pursuant to “unless order”–Whether judge in chambers should hear appeal against default judgment obtained pursuant to “unless order” made by registrar–Civil Procedure–Jurisdiction–Whether Registrar has jurisdiction to extend time and to set aside default judgment obtained pursuant to “unless order”
An assistant registrar made an order which stated that the defendants were to exchange Affidavits of Evidence-in-Chief with the plaintiff within ten days, failing which the Re-Amended Defence and counterclaim of the defendants were to be struck out and judgment entered against them (“the Unless Order”). The defendants defaulted on the Unless Order and the plaintiff obtained default judgment against them. Subsequently, the defendants filed a Notice of Appeal to a judge in chambers in the High Court to appeal against the default judgment and to set it aside.
Held, making no order on the defendants' appeal:
(1) A Registrar, including an assistant or deputy registrar had the jurisdiction to hear an application for extending a deadline imposed by an earlier order made by an assistant register and to set aside the default judgment. This also applied to Unless Orders. It was only after a decision was made thereon that an appeal might be made to a judge against that decision: at [10] and [14].
(2) As the defendants sought an extension of time so as to set aside the default judgment, the correct procedure was not for the defendants to appeal, but for them to file an application to be heard by the Registrar for an extension of time to comply with the Unless Order and to set aside the default judgment: at [3] and [12].
Changhe International Investments Pte Ltd v Banque International A Luxembourg Bil (Asia) Ltd [2000] 2 SLR (R) 798; [2000] 4 SLR 449 (distd)
Fuji Xerox Singapore Pte Ltd v Creative Circle Pte Ltd [2004] SGDC 137 (refd)
Derek Tan (Rajah & Tann) for the plaintiff
Oon Thian Seng (T S Oon & Bazul) for the defendants.
Background
1 On 9 June 2004, an order was made by an assistant registrar pursuant to an application of the plaintiff, Chiba Marine Yokohama Co Ltd, that the defendants, who are the owners of the vessel MMM Diana ex Able Director, were to exchange affidavits of evidence-in-chief with the plaintiff...
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Yang Guoxiu v Chin Chien Yong
...set aside the “unless order”. In making this argument, the Plaintiff relied on, among other cases, The “MMM Diana” ex “Able Director” [2004] 3 SLR(R) 611 (“The MMM Diana”). In his further submissions, the Defendant maintained that the Mercurine principles apply to Unless Order Judgments, bu......
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Teo Meng Kiang Irving (Zhang Mingqiang Irving) v Lee Chun Loong (Li Junlong)
...of compliance with the unless order. I drew the defendant’s solicitors’ attention to the case of The “MMM Diana” ex “Able Director” [2004] 3 SLR(R) 611 (“MMM Diana”) which was cited in the case of Yang Guoxiu v Chin Chien Yong [2017] SGDC 179 relied upon by the defendant in his written subm......
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Case Note
...entirely the author's and do not represent the views of the organisations that the author serves in. 1The MMM Diana ex Able Director[2004] 3 SLR(R) 611 at [1]. 2 Marcan Shipping (London) Ltd v Kefalas [2007] 1 WLR 1864 at [36]. 3 Hytec Information Systems Ltd v Coventry City Council [1997] ......
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Civil Procedure
...in the administrative context so that the High Court”s resources would not be misallocated. 6.88 In The MMM Diana ex Able Director[2004] 3 SLR 611, the High Court held that the correct procedure for setting aside a default judgment obtained pursuant to an ‘unless order’ was to file an appli......