Setting Aside a Default Judgment: New Developments in Singapore

The rationale underlying the court's discretionary power to set aside a default judgment is easy to state. Where a claim is determined as a consequence of a party's failure to comply with procedural rules, that determination ought not necessarily be determinative. It ought not because the...

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Main Author: GOH, Yihan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2009
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Online Access:https://ink.library.smu.edu.sg/sol_research/1351
http://www.supremecourt.gov.sg/docs/default-source/default-document-library/sjc/gyh_cp_3.pdf
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spelling sg-smu-ink.sol_research-33032017-07-13T08:39:47Z Setting Aside a Default Judgment: New Developments in Singapore GOH, Yihan The rationale underlying the court's discretionary power to set aside a default judgment is easy to state. Where a claim is determined as a consequence of a party's failure to comply with procedural rules, that determination ought not necessarily be determinative. It ought not because the court's primary function is to determine claims on their substantive merits. To ensure that the court has power to comply with that primary purpose it ought therefore have the power to revoke, in appropriate circumstances, judgments entered in default, i.e. judgments entered on grounds other than substantive ones.The application of this power, particularly its translation into concrete rules that can be applied consistently, has not however been straightforward. Embedded in the myriad rules developed to guide the courts in exercising this jurisdiction lie distinctions between the following: (a) regular and irregular judgments; (b) arguable and triable issues; and (c) the "real prospect of success" test, the ex debito justitiae rule and the "bound to lose" test. This has led to a degree of confusion in the application of the associated tests which in turn may have obscured the true rationale behind the discretionary power to set aside default judgments. Inasmuch as Singapore derived its rules of civil procedure from England, it has been no less spared from these difficulties. 2009-07-01T07:00:00Z text https://ink.library.smu.edu.sg/sol_research/1351 http://www.supremecourt.gov.sg/docs/default-source/default-document-library/sjc/gyh_cp_3.pdf Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Default judgments setting aside Singapore courts discretionary power Asian Studies Courts
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Default judgments
setting aside
Singapore
courts
discretionary power
Asian Studies
Courts
spellingShingle Default judgments
setting aside
Singapore
courts
discretionary power
Asian Studies
Courts
GOH, Yihan
Setting Aside a Default Judgment: New Developments in Singapore
description The rationale underlying the court's discretionary power to set aside a default judgment is easy to state. Where a claim is determined as a consequence of a party's failure to comply with procedural rules, that determination ought not necessarily be determinative. It ought not because the court's primary function is to determine claims on their substantive merits. To ensure that the court has power to comply with that primary purpose it ought therefore have the power to revoke, in appropriate circumstances, judgments entered in default, i.e. judgments entered on grounds other than substantive ones.The application of this power, particularly its translation into concrete rules that can be applied consistently, has not however been straightforward. Embedded in the myriad rules developed to guide the courts in exercising this jurisdiction lie distinctions between the following: (a) regular and irregular judgments; (b) arguable and triable issues; and (c) the "real prospect of success" test, the ex debito justitiae rule and the "bound to lose" test. This has led to a degree of confusion in the application of the associated tests which in turn may have obscured the true rationale behind the discretionary power to set aside default judgments. Inasmuch as Singapore derived its rules of civil procedure from England, it has been no less spared from these difficulties.
format text
author GOH, Yihan
author_facet GOH, Yihan
author_sort GOH, Yihan
title Setting Aside a Default Judgment: New Developments in Singapore
title_short Setting Aside a Default Judgment: New Developments in Singapore
title_full Setting Aside a Default Judgment: New Developments in Singapore
title_fullStr Setting Aside a Default Judgment: New Developments in Singapore
title_full_unstemmed Setting Aside a Default Judgment: New Developments in Singapore
title_sort setting aside a default judgment: new developments in singapore
publisher Institutional Knowledge at Singapore Management University
publishDate 2009
url https://ink.library.smu.edu.sg/sol_research/1351
http://www.supremecourt.gov.sg/docs/default-source/default-document-library/sjc/gyh_cp_3.pdf
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