ORDER 45

ENFORCEMENT OF JUDGMENTS AND ORDERS

Enforcement of judgment, etc., for payment of money (O. 45, r. 1)
1. —(1) Subject to these Rules and section 43 of the Subordinate Courts Act (Chapter 321) where applicable, a judgment or order for the payment of money, not being a judgment or order for the payment of money into Court, may be enforced by one or more of the following means:

(a) writ of seizure and sale;

(b) garnishee proceedings;

(c) the appointment of a receiver;

(d) in a case in which Rule 5 applies, an order of committal.

(2) Subject to these Rules, a judgment or order for the payment of money into Court may be enforced by one or more of the following means:

(a) the appointment of a receiver;

(b) in a case in which Rule 5 applies, an order of committal.

(3) Paragraphs (1) and (2) are without prejudice to any other remedy available to enforce such a judgment or order as is therein mentioned or to the power of a Court under the Debtors Act (Chapter 73) to commit to prison a person who makes default in paying money adjudged or ordered to be paid by him, or to any written law relating to bankruptcy or the winding up of companies.

(4) In this Order, references to any writ shall be construed as including references to any further writ in aid of the first mentioned writ.

Judgment, etc., for payment of money to person resident outside scheduled territories (O. 45, r. 2)
2. —(1) Where any person is directed by any judgment, order or award to pay any money to or for the credit of a person who is resident outside the scheduled territories, he must, unless the Monetary Authority of Singapore has given permission for the payment under the Exchange Control Act (Chapter 99), unconditionally or upon conditions which have been complied with, pay the money into Court.

(2) Payment into Court under paragraph (1) shall, to the extent of the amount paid in, be a good discharge to the person making the payment, and no steps may be taken to enforce the judgment, order or award to the extent of that amount.

(3) Notice of a payment into Court under this Rule must be given to the plaintiff or his solicitor and to any other person required by the judgment, order or award to be given notice of such payment.

Enforcement of judgment for possession of immovable property (O. 45, r. 3)
3. —(1) Subject to these Rules, a judgment or order for the giving of possession of immovable property may be enforced by one or more of the following means:

(a) writ of possession;

(b) in a case in which Rule 5 applies, an order of committal.

(2) A writ of possession to enforce a judgment or order for the giving of possession of any immovable property shall not be issued without the leave of the Court except where the judgment or order was given or made in a mortgage action to which Order 83 applies.

(3) Such leave shall not be granted unless it is shown that every person in actual possession of the whole or any part of the immovable property has received such notice of the proceedings as appears to the Court sufficient to enable him to apply to the Court for any relief to which he may be entitled.

(4) A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

Enforcement of judgment for delivery of movable property (O. 45, r. 4)
4. —(1) Subject to these Rules, a judgment or order for the delivery of any movable property which does not give a person against whom the judgment is given or order made the alternative of paying the assessed value of the property may be enforced by one or more of the following means:

(a) writ of delivery to recover the property without alternative provision for recovery of the assessed value thereof (referred to in this Rule as a writ of specific delivery);

(b) in a case in which Rule 5 applies, an order of committal.

(2) Subject to these Rules, a judgment or order for the delivery of any movable property or payment of their assessed value may be enforced by one or more of the following means:

(a) writ of delivery to recover the property or its assessed value;

(b) with the leave of the Court, writ of specific delivery;

(c) in a case in which Rule 5 applies, an order of committal.

(3) A writ of specific delivery, and a writ of delivery to recover any movable property or their assessed value, may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.

(4) A judgment or order for the payment of the assessed value of any movable property may be enforced by the same means as any other judgment or order for the payment of money.

Enforcement of judgment to do or abstain from doing an act (O. 45, r. 5)
5. —(1) Where —

(a) a person required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do it within that time or, as the case may be, within that time as extended or abridged under Order 3, Rule 4; or

(b) a person disobeys a judgment or order requiring him to abstain from doing an act,

then, subject to these Rules, the judgment or order may be enforced by one or more of the following means:

(i) with the leave of the Court, an order of committal;

(ii) where that person is a body corporate, with the leave of the Court, an order of committal against any director or other officer of the body;

(iii) subject to the provisions of the Debtors Act (Chapter 73), an order of committal against that person or, where that person is a body corporate, against any such officer.

(2) Where a judgment or order requires a person to do an act within a time therein specified and an order is subsequently made under Rule 6 requiring the act to be done within some other time, references in paragraph (1) to a judgment or order shall be construed as references to the order made under Rule 6.

(3) Where under any judgment or order requiring the delivery of any movable property the person liable to execution has the alternative of paying the assessed value of the property, the judgment or order shall not be enforceable by order of committal under paragraph (1), but the Court may, on the application of the person entitled to enforce the judgment or order, make an order requiring the first mentioned person to deliver the property to the applicant within a time specified in the order, and that order may be so enforced.

Judgment, etc., requiring act to be done: Order fixing time for doing it (O. 45, r. 6)
6. —(1) Notwithstanding that a judgment or order requiring a person to do an act specifies a time within which the act is to be done, the Court shall, without prejudice to Order 3, Rule 4, have power to make an order requiring the act to be done within another time, being such time after service of that order, or such other time as may be specified therein.

(2) Where, notwithstanding Order 42, Rule 6 (1), or by reason of Order 42, Rule 6 (2), a judgment or order requiring a person to do an act does not specify a time within which the act is to be done, the Court shall have power subsequently to make an order requiring the act to be done within such time after service of that order, or such other time, as may be specified therein.

(3) An application for an order under this Rule must be made by summons and the summons must, notwithstanding anything in Order 62, Rule 10, be served on the person required to do the act in question.

Service of copy of judgment, etc., prerequisite to enforcement under Rule 5 (O. 45, r. 7)
7. —(1) In this Rule references to an order shall be construed as including references to a judgment.

(2) Subject to Order 24, Rule 16 (3), Order 26, Rule 6 (3) and paragraphs (6) and (7) of this Rule, an order shall not be enforced under Rule 5 unless —

(a) a copy of the order has been served personally on the person required to do or abstain from doing the act in question; and

(b) in the case of an order requiring a person to do an act, the copy has been so served before the expiration of the time within which he was required to do the act.

(3) Subject as aforesaid, an order requiring a body corporate to do or abstain from doing an act shall not be enforced as mentioned in Rule 5 (1) (ii) or (iii) unless —

(a) a copy of the order has also been served personally on the officer against whom an order of committal is sought; and

(b) in the case of an order requiring the body corporate to do an act, the copy has been so served before the expiration of the time within which the body was required to do the act.

(4) There must be endorsed on the copy of an order served under this Rule a notice in Form 81 informing the person on whom the copy is served —

(a) in the case of service under paragraph (2), that if he neglects to obey the order within the time specified therein, or, if the order is to abstain from doing an act, that if he disobeys the order, he is liable to process of execution to compel him to obey it; and

(b) in the case of service under paragraph (3), that if the body corporate neglects to obey the order within the time so specified or, if the order is to abstain from doing an act, that if the body corporate disobeys the order, the body corporate is liable to process of execution to compel the body to obey it.

(5) With the copy of an order required to be served under this Rule, being an order requiring a person to do an act, there must also be served a copy of any order made under Order 3, Rule 4, extending or abridging the time for doing the act and, where the first mentioned order was made under Rule 5 (3) or 6, a copy of the previous order requiring the act to be done.

(6) An order requiring a person to abstain from doing an act may be enforced under Rule 5 notwithstanding that service of a copy of the order has not been effected in accordance with this Rule if the Court is satisfied that, pending such service, the person against whom or against whose property it is sought to enforce the order has had notice thereof either —

(a) by being present when the order was made; or

(b) by being notified of the terms of the order, whether by telephone, telegram or otherwise.

(7) Without prejudice to its powers under Order 62, Rule 5, the Court may dispense with service of a copy of an order under this Rule if it thinks it just to do so.

Court may order act to be done at expense of disobedient party (O. 45, r. 8)
8. If a Mandatory Order⁷, an injunction or a judgment or order for the specific performance of a contract is not complied with, then, without prejudice to its powers under section 14 of the Supreme Court of Judicature Act (Chapter 322), where applicable, and its powers to punish the disobedient party for contempt, the Court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment was obtained or some other person appointed by the Court, at the cost of the disobedient party, and upon the act being done the expenses incurred may be ascertained in such manner as the Court may direct and execution may issue against the disobedient party for the amount so ascertained and for costs.

Execution by or against person not being a party (O. 45, r. 9)
9. —(1) Any person, not being a party to a cause or matter, who obtains any order or in whose favour any order is made, shall be entitled to enforce obedience to the order by the same process as if he were a party.

(2) Any person, not being a party to a cause or matter, against whom obedience to any judgment or order may be enforced, shall be liable to the same process for enforcing obedience to the judgment or order as if he were a party.

Conditional judgment: Waiver (O. 45, r. 10)
10. A party entitled under any judgment or order to any relief subject to the fulfilment of any condition who fails to fulfil that condition is deemed to have abandoned the benefit of the judgment or order, and, unless the Court otherwise directs, any other person interested may take any proceedings which either are warranted by the judgment or order or might have taken if the judgment or order had not been given or made.

Matters occurring after judgment: Stay of execution, etc. (O. 45, r. 11)
11. Without prejudice to Order 47, Rule 1, a party against whom a judgment has been given or an order made may apply to the Court for a stay of execution of the judgment or order or other relief on the ground of matters which have occurred since the date of the judgment or order, and the Court may by order grant such relief, and on such terms, as it thinks fit.

Matters occurring after judgment: Enforcement Conference (O. 45, r. 11A)
11A. Notwithstanding anything in these Rules, the Court may, at any time after the commencement of any execution proceedings, of its own motion or upon written request by any party, direct any party to those proceedings to appear before it, in order that the Court may make such order or give such direction as it thinks fit, for the just, expeditious and economical disposal of such proceedings including striking out of any writ of execution.

Forms of writs (O. 45, r. 12)
12. —(1) A writ of seizure and sale must be in Form 82 (for movable property) or Form 83 (for immovable property).

(2) A writ of delivery must be in Form 84.

(3) A writ of possession must be in Form 85.

Enforcement of judgments and orders for recovery of money, etc. (O. 45, r. 13)
13. —(1) Rule 1 (1), with the omission of sub-paragraph (d) thereof, and Orders 46 to 51 shall apply in relation to a judgment or order for the recovery of money as they apply in relation to a judgment or order for the payment of money.

(2) Rule 3, with the omission of paragraph (1) (b) thereof, and Order 47, Rule 2 (2), shall apply in relation to a judgment or order for the recovery of possession of immovable property as they apply in relation to a judgment or order for the giving or delivery of possession of immovable property.

(3) Rule 4, with the omission of paragraphs (1) (b) and (2) (c) thereof, and Order 47, Rule 2 (2), shall apply in relation to a judgment or order that a person do have a return of any movable property or do recover the assessed value thereof as they apply in relation to a judgment or order for the delivery of any movable property or payment of the assessed value thereof respectively.