WONG SWEE SENG v WONG NYONG KHOON
Catchwords
Practice and Procedure — Extension of time — Affidavits in reply — Application for retrospective extension of time after expiry of prescribed period — Failure to file affidavits in reply within fourteen days under Order 32 r 13(2)(b) Rules of Court 2012 — Whether Court should exercise discretion under Order 3 r 5 to enlarge time — Order 1A and Order 2 rr 1 and 3 Rules of Court 2012 Practice and Procedure — Extension of time — Discretion of Court — Governing principles — Whether delay intentional, contumelious or due to extraneous circumstances — Relevance of conduct of litigant, explanation for delay and nature of underlying applications Practice and Procedure — Procedural non-compliance — Whether non-compliance with Rules constituted irregularity or nullity — Whether mandatory time limit under Order 32 r 13(2)(b) capable of retrospective extension Practice and Procedure — Extension of time — Delay — Whether explanation based on business commitments and Chinese New Year holidays sufficient — Whether public holidays occurring after expiry of prescribed period relevant explanation for default Practice and Procedure — Extension of time — Affidavit evidence — Whether refusal of extension would result in substantive applications proceeding on one-sided affidavit record — Whether Court should lean towards determination on merits rather than technical default Civil Procedure — Summary judgment — Order 14 application — Whether defendant should be permitted to file affidavit in reply out of time in response to summary judgment application Civil Procedure — Striking out — Order 18 r 19 application — Whether extension of time should be granted where underlying application sought striking out of entire counterclaim Practice and Procedure — Overriding objective — Order 1A Rules of Court 2012 — Balance between procedural discipline and substantive justice — Whether procedural default should foreclose substantive contest Practice and Procedure — Costs — Extension of time granted notwithstanding weak explanation — Whether indulgence should be conditional upon payment of costs and strict timeline for compliance Practice and Procedure — Conduct of litigant — Whether litigant’s overall participation in proceedings relevant to exercise of discretion — Distinction between isolated procedural default and wholesale disregard of Rules
Practice Areas
Judges (1)
Parties (2)
Judgment
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