Requested version was 28 Dec 2005; Closest available version is 01 Jan 2006; Generated on 28 Dec 2005 16:36:02(GMT+8).

1 Citation and commencement
2 Definitions
3 Application by way of originating summons
4 Particulars of affidavit in support of application
5 Grounds of appeal
6 Persons to be served
7 Matter deemed completely at issue upon filing and serving of application
8 Evidence as to value of property to be oral
9 Amendment of application
10 Originating summons to be deemed pleading
11 Application without payment or part payment
12 Revocation

Citation and commencement
1.   These Rules may be cited as the Supreme Court (Estate Duty Act) Rules 2005 and shall come into operation on 1st January 2006.

Definitions
2.   In these Rules, “Commissioner” and “executor” shall have the same meanings as in the Estate Duty Act (Cap. 96).

Application by way of originating summons
3.   Every application to the Supreme Court by an executor or other accountable person aggrieved within the meaning of section 47 (1) of the Estate Duty Act (Cap. 96) shall —

(a) be by way of an originating summons supported by an affidavit; and

(b) be intituled as follows:

“In the matter of the Estate Duty Act (Chapter 96), section 47 and In the matter of the Estate of ......... deceased”.

Particulars of affidavit in support of application
4. —(1)   The affidavit supporting the application shall —

(a) state shortly the circumstances in which the application arises; and

(b) state specifically the several grounds upon which the applicant contends that the certificate or claim or refusal by the Commissioner was erroneous.

(2)   If the applicant contends that the value put upon any property by the Commissioner is excessive, he shall therein identify the property and state the value which he contends should be put upon that property.

Grounds of appeal
5.   Subject to rule 9, the applicant shall not at the hearing be allowed to rely upon any ground of appeal not specifically set forth in the affidavit.

Persons to be served
6.   Order 7 and Order 15, Rule 13 of the Rules of Court (R 5) shall apply to all applications under rule 3, and the persons to be served shall ordinarily be —

(a) the Commissioner; and

(b) where the application is made by an accountable person other than the executor —

(i) the executor; and

(ii) any person interested in the subject-matter of the application whose interest is not sufficiently represented by the executor or other accountable person.

Matter deemed completely at issue upon filing and serving of application
7.   Upon the filing of the application and its supporting affidavit and the service of a copy each thereof upon the Commissioner and upon the other persons mentioned in rule 6 (if any), the matter shall be deemed to be completely at issue, and, within 7 days thereafter the applicant, or in default thereof the Commissioner, may enter the application for hearing in the trial list of the Supreme Court and serve notice of trial upon the Commissioner or the applicant, as the case may be, and upon the other persons (if any) served with the application.

Evidence as to value of property to be oral
8. —(1)   When the application raises any question of the over-valuation of any property by the Commissioner, the evidence at the hearing as to value shall, unless by consent or otherwise ordered, be oral.

(2)   In any other case the evidence shall, unless by consent or otherwise ordered, be by affidavit.

Amendment of application
9.   The Court or a Judge may, at any time before or at the hearing, allow the applicant to amend his application upon such terms as the Court or Judge may think right.

Originating summons to be deemed pleading
10. —(1)   Order 18, Rule 19 of the Rules of Court (R 5) shall apply to the originating summons by which an application under rule 3 is made, and the originating summons shall be deemed to be a pleading within that Rule.

Application without payment or part payment
11.   Applications under section 47 (3) of the Estate Duty Act (Cap. 96) for leave to bring an application under section 47 (1) of that Act without payment or on part payment only of the duty, shall be by summons before a Judge in Chambers and the applicant shall deliver to the Commissioner, with the summons, a copy of any affidavit which the applicant intends to use at the hearing of the summons.

Revocation
12.   The Supreme Court (Estate Duty Act) Rules (R 1) are revoked.

Made this 15th day of December 2005.

YONG PUNG HOW
Chief Justice.


CHAN SEK KEONG
Attorney-General.


CHAO HICK TIN
Judge of Appeal.


LAI KEW CHAI
Judge.


JUDITH PRAKASH
Judge.


TAN LEE MENG
Judge.


WOO BIH LI
Judge.


RICHARD R. MAGNUS
Senior District Judge.


TOH HAN LI
District Judge.


MICHAEL KHOO KAH LIP
Advocate and Solicitor.


R.E. MARTIN
Advocate and Solicitor.

[AG/LEG/SL/322/2005/1 Vol. 1]