Mohamed Nizam v Sadique Marican: Summary Judgment, Extension of Time, and Waiver of Irregularity
In Mohamed Nizam s/o Mohamed Ismail v Sadique Marican Bin Ibrahim Marican and Others, the High Court of Singapore heard an appeal by the defendants against the Assistant Registrar's decision to allow the plaintiff's application for summary judgment (SUM 2354/2008) despite a delay in serving the summons and supporting affidavit. The court, presided over by Judith Prakash J, dismissed the appeal, holding that the court has the discretion to extend time for service and that the defendants had waived the irregularity by taking steps in the proceedings. The original action was a claim by the plaintiff against the defendants for damages for negligence and/or breach of contract. The judgment date was 2008-10-29.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the extension of time for serving a summary judgment application. The court dismissed the appeal, finding the irregularity waived.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Zulkifli bin Mohd Amin | Defendant | Individual | |||
| Anand Kumar s/o Toofani Beldar | Defendant, Appellant | Individual | Appeal Allowed | Won | |
| Mohamed Nizam s/o Mohamed Ismail | Plaintiff, Respondent | Individual | Appeal Dismissed | Lost | |
| Sadique Marican bin Ibrahim Marican | Defendant, Appellant | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff filed an action to recover damages for negligence and/or breach of contract from the defendants.
- The plaintiff filed an application for summary judgment against the defendants.
- The defendants raised a preliminary objection that the summons and supporting affidavit had been served out of time.
- The Assistant Registrar dismissed the defendants’ preliminary objection.
- The defendants appealed against the Assistant Registrar’s decision.
- The summons and supporting affidavit were filed on 29 May 2008 and served on 4 June 2008.
- The defendants filed a joint defence on 11 April 2008.
5. Formal Citations
- Mohamed Nizam s/o Mohamed Ismail v Sadique Marican Bin Ibrahim Marican and Others, Suit 178/2008, RA 301/2008, [2008] SGHC 189
6. Timeline
| Date | Event |
|---|---|
| Writ filed | |
| Service effected on first and second defendants | |
| Defendants entered appearance | |
| Memorandum of appearance served on plaintiff | |
| Defendants filed a joint defence | |
| Plaintiff’s reply was served on the defendants | |
| Summons No 2354 of 2008 and the supporting affidavit were filed | |
| Summons No 2354 of 2008 and the supporting affidavit were served on the first and second defendants | |
| Plaintiff filed a supplementary affidavit | |
| Supplementary affidavit served on the defendants | |
| Scheduled date of the hearing | |
| Matter was adjourned | |
| Directions that the first and second defendants file the show cause affidavit | |
| Show cause affidavit was served on the plaintiff | |
| Plaintiff duly filed a reply affidavit | |
| Reply affidavit served on the first and second defendants | |
| SUM 2354/2008 was heard by the AR | |
| Decision Date |
7. Legal Issues
- Extension of Time for Service of O 14 Summons
- Outcome: The court held that it has discretion to extend time for service of an O 14 summons and supporting affidavit.
- Category: Procedural
- Waiver of Irregularity
- Outcome: The court held that the defendants waived the irregularity by taking a step in the proceedings.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Breach of Contract
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| United Engineers (Singapore) Pte Ltd v Lee Lip Hiong and others | High Court | Yes | [2004] 4 SLR 305 | Singapore | Distinguished from the present case as it concerned the commencement of an O 14 application, whereas the present case concerns the service of the summons and supporting affidavit. |
| Regenthill Properties Pte Ltd v Management Corporation Strata Title Plan No 2192 | Court of Appeal | Yes | [2002] 3 SLR 445 | Singapore | Cited for the principle that an irregularity had been waived by the taking a fresh step in the proceedings. |
13. Applicable Rules
| Rule Name |
|---|
| Order 14 of the Rules of Court |
| Order 14 r 2(2) |
| Order 14 r 2(7) |
| O 2 r 1(1) |
| O 14 r 14 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Summary Judgment
- Extension of Time
- Waiver
- Irregularity
- Service of Summons
- Order 14
- Rules of Court
15.2 Keywords
- Summary Judgment
- Extension of Time
- Waiver
- Irregularity
- Singapore
- Civil Procedure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Civil Practice | 90 |
| Civil Procedure | 80 |
| Summary Judgment | 70 |
16. Subjects
- Civil Procedure
- Summary Judgment
- Extension of Time
- Waiver of Irregularity