ORDER 10

SERVICE OF ORIGINATING PROCESS:
GENERAL PROVISIONS

General provisions (O. 10, r. 1)
1. —(1) Subject to the provisions of any written law and these Rules, a writ must be served personally on each defendant.

(2) Where a defendant’s solicitor endorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the endorsement was made.

(3) Subject to Order 12, Rule 6, where a writ is not duly served on a defendant but he enters an appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.

(4) Where a writ is duly served on a defendant otherwise than by virtue of paragraph (3), then, subject to Order 11, Rule 3, unless within 8 days after service the plaintiff files a memorandum of service in Form 6 containing the following particulars, that is to say, the day of the week and date on which it was served, where it was served, the person on whom it was served, and, where he is not the defendant, the capacity in which he was served, the plaintiff in the action begun by the writ shall not be entitled to enter final or interlocutory judgment against that defendant in default of appearance or in default of defence, unless the Court otherwise orders.

Service of writ on agent of overseas principal (O. 10, r. 2)
2. —(1) Where the Court is satisfied on an ex parte application that —

(a) an action relates to any business or work against a person who does not reside within Singapore or who is absent from Singapore;

(b) an agent or manager has, at the time of service, personally the control or management of such business or work for such person within Singapore; and

(c) at the time of the application either the agent’s or manager’s authority has not been determined, or he is still in business relations with the principal,

the Court may authorise service of a writ of summons to be effected on such agent or manager instead of the principal.

(2) For the purpose of this Rule, the agent of a ship shall be deemed to be the agent of the owner and charterer of the ship.

(3) For the purpose of this Rule, “business or work” shall include the administration of an estate.

(4) Every application under this Rule must be supported by an affidavit stating the nature of the claim.

(5) An order under this Rule authorising service of a writ on a defendant’s agent or manager must allow the defendant 21 days, or such extended time as the Court sees fit, to enter appearance.

(6) Where an order is made under this Rule authorising service of a writ on a defendant's agent or manager, a copy of the order and of the writ must be sent by prepaid registered post to the defendant at his address out of the jurisdiction if known to the plaintiff.

Service of writ in pursuance of contract (O. 10, r. 3)
3. —(1) Where —

(a) a contract contains a term to the effect that the Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Court has jurisdiction to hear and determine any such action; and

(b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner or at such place (whether within or out of the jurisdiction), as may be so specified, then if an action in respect of the contract is begun in the Court and the writ by which it is begun is served in accordance with the contract the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.

(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ out of the jurisdiction has been granted under Order 11.

Service of writ in certain actions for possession of immovable property (O. 10, r. 4)
4. Where a writ is endorsed with a claim for the possession of immovable property the Court may —

(a) if satisfied on an ex parte application that no person appears to be in possession of the immovable property and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the immovable property;

(b) if satisfied on such an application that no person appears to be in possession of the immovable property and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the immovable property shall be treated as good service on that defendant.

Service of originating summons (O. 10, r. 5)
5. Rules 1 to 4 (except Rule 1 (3) and (4)) shall apply in relation to an originating summons as they apply in relation to a writ.