MMM Diana ex Able Director: Setting Aside Default Judgment After Failure to Comply with 'Unless Order'
In MMM Diana ex Able Director, the High Court of Singapore addressed the proper procedure for setting aside a default judgment obtained pursuant to an 'unless order'. The plaintiff, Chiba Marine Yokohama Co Ltd, obtained an 'unless order' against the defendants for failing to exchange affidavits of evidence-in-chief. After the defendants failed to comply, a default judgment was entered. The defendants appealed to a judge in chambers, but the court held that the correct procedure was to apply to the registrar for an extension of time and to set aside the default judgment. The court dismissed the appeal, finding that the registrar has the jurisdiction to hear such applications.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; the correct procedure is to file an application before the registrar for an extension of time and to set aside the default judgment.
1.3 Case Type
Admiralty
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court addressed the procedure for setting aside a default judgment obtained after failing to comply with an 'unless order'.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chiba Marine Yokohama Co Ltd | Plaintiff | Corporation | Appeal Dismissed | Lost | Derek Tan |
| Owners of the vessel MMM Diana ex Able Director | Defendants, Appellant | Other | Appeal Dismissed | Lost | Oon Thian Seng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Derek Tan | Rajah and Tann |
| Oon Thian Seng | T S Oon and Bazul |
4. Facts
- An 'unless order' was made against the defendants to exchange affidavits of evidence-in-chief.
- The defendants failed to exchange all affidavits by the deadline.
- The plaintiff obtained a default judgment pursuant to the 'unless order'.
- The defendants filed a notice of appeal to a judge in chambers to appeal against the default judgment.
- The judge decided that the correct procedure was to apply to the registrar.
5. Formal Citations
- MMM Diana ex Able Director, Adm in Rem 6000146/2002, RA 600005/2004, [2004] SGHC 152
6. Timeline
| Date | Event |
|---|---|
| Unless Order made by assistant registrar | |
| Default Judgment obtained by plaintiff | |
| Defendants filed notice of appeal | |
| Appeal heard before Woo Bih Li J | |
| Decision issued by High Court |
7. Legal Issues
- Setting Aside Default Judgment
- Outcome: The court held that the correct procedure for setting aside a default judgment obtained pursuant to an 'unless order' is to apply to the registrar for an extension of time and to set aside the default judgment.
- Category: Procedural
- Sub-Issues:
- Failure to comply with 'unless order'
- Extension of time to comply with order
- Related Cases:
- [2004] 4 SLR 449
- Jurisdiction of Registrar
- Outcome: The court held that a registrar has jurisdiction to hear an application for an extension of time and to set aside a default judgment.
- Category: Jurisdictional
- Sub-Issues:
- Extending time to comply with court orders
- Setting aside default judgments
8. Remedies Sought
- Setting aside of default judgment
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Admiralty Law
- Civil Litigation
11. Industries
- Shipping
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Changhe International Investments Pte Ltd v Banque International A Luxembourg Bil (Asia) Ltd | High Court | Yes | [2004] 4 SLR 449 | Singapore | Distinguished on the facts; cited regarding the jurisdiction of an assistant registrar to vary another assistant registrar's order. |
| Fuji Xerox Singapore Pte Ltd v Creative Circle Pte Ltd | District Court | Yes | [2004] SGDC 137 | Singapore | Cited as an example of a case in the subordinate courts where an application to set aside a default judgment was made to a court of concurrent jurisdiction. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Unless order
- Default judgment
- Extension of time
- Jurisdiction of registrar
- Affidavits of evidence-in-chief
15.2 Keywords
- Unless order
- Default judgment
- Civil procedure
- Admiralty
- Singapore High Court
16. Subjects
- Civil Procedure
- Admiralty Law
17. Areas of Law
- Civil Procedure
- Jurisdiction