Consistel v Nasir: Substituted Service Validity for Defendants Out of Jurisdiction
In Consistel Pte Ltd and Consistel Pakistan (Pvt) Ltd v Farooq Nasir and Tania Jehangir, the Singapore High Court addressed the validity of substituted service on defendants residing out of jurisdiction. The plaintiffs, Consistel Pte Ltd and Consistel Pakistan (Pvt) Ltd, appealed against the Assistant Registrar's decision to set aside the order for substituted service. The High Court, presided over by Andrew Ang J, dismissed the appeal, holding that personal service out of jurisdiction should have been attempted before resorting to substituted service. The court fixed costs at $3,200.
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
Singapore High Court case regarding the validity of substituted service on defendants residing out of jurisdiction. Appeal dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Consistel Pte Ltd | Plaintiff, Appellant | Corporation | Appeal Dismissed | Lost | N Sreenivasan, Collin Choo |
| Consistel Pakistan (Pvt) Ltd | Plaintiff, Appellant | Corporation | Appeal Dismissed | Lost | N Sreenivasan, Collin Choo |
| Farooq Nasir | Defendant, Respondent | Individual | Appeal Allowed | Won | Liew Yik Wee, Wong Baochen |
| Tania Jehangir | Defendant, Respondent | Individual | Appeal Allowed | Won | Liew Yik Wee, Wong Baochen |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N Sreenivasan | Straits Law Practice LLC |
| Collin Choo | Straits Law Practice LLC |
| Liew Yik Wee | WongPartnership LLC |
| Wong Baochen | WongPartnership LLC |
4. Facts
- Consistel Pte Ltd filed a writ against Farooq Nasir and Tania Jehangir.
- The writ alleged breach of contract, conspiracy to defraud, and misuse of confidential information.
- The respondents were not in Singapore when the writ was issued.
- The appellants applied for substituted service, which was granted.
- The respondents applied to set aside the order for substituted service.
- The Assistant Registrar granted the respondents' application.
- The appellants appealed against the Assistant Registrar's decision.
5. Formal Citations
- Consistel Pte Ltd and Another v Farooq Nasir and Another, Suit 729/2008, RA 11/2009, [2009] SGHC 82
6. Timeline
| Date | Event |
|---|---|
| Farooq Nasir employed by Consistel Pte Ltd. | |
| Farooq Nasir became a Singapore citizen. | |
| Farooq Nasir resigned from Consistel Pte Ltd. | |
| Writ of summons filed against the respondents. | |
| First attempt to serve the writ on the respondents. | |
| Second attempt to serve the writ on the respondents. | |
| First respondent called Straits Law to enquire about the attempted service. | |
| Straits Law inquired whether the respondents would accept personal service. | |
| Order for substituted service granted. | |
| Substituted service carried out. | |
| Respondents received the complete writ. | |
| Singapore solicitors entered appearance on behalf of the respondents. | |
| Respondents filed Summons No 5067 of 2008. | |
| Assistant Registrar made an order in terms of prayers (1) and (2). | |
| Appeal dismissed. |
7. Legal Issues
- Validity of Substituted Service
- Outcome: The court held that personal service out of jurisdiction should have been attempted before resorting to substituted service.
- Category: Procedural
- Sub-Issues:
- Impracticability of personal service
- Hierarchy of service processes
- Jurisdiction of the Court
- Outcome: The court held that any dispute as to service of the writ, whether it be with regard to the order for service or the manner in which service was carried out, would be a dispute as to the jurisdiction of the High Court to hear the substantive case.
- Category: Jurisdictional
- Sub-Issues:
- Service of writ
- Defendant's presence in jurisdiction
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Breach of Contract
- Conspiracy to Defraud
- Misuse of Confidential Information
10. Practice Areas
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Fry v Moore | N/A | Yes | (1889) 23 QBD 395 | N/A | Cited for the principle that substituted service is only appropriate if the writ could have been served personally to begin with. |
| Porter v Freudenberg | English Court of Appeal | Yes | [1915] 1 KB 857 | England | Cited to support the view that where a defendant was out of the jurisdiction when the writ was issued, the plaintiff had to seek leave to serve the writ out of jurisdiction before resorting to substituted service. |
| Myerson v Martin | N/A | Yes | [1979] 1 WLR 1390 | N/A | Cited to support the view that where a defendant was out of the jurisdiction when the writ was issued, the plaintiff had to seek leave to serve the writ out of jurisdiction before resorting to substituted service. |
| Re Urquhart | N/A | Yes | (1890) 24 QBD 723 | N/A | Cited as an exception to the rule that substituted service will not be ordered if the defendant was outside the jurisdiction when the writ was issued, specifically when a defendant was trying to evade service. |
| Vitkovice Horni A Hutni Tezirstvo v Korner | N/A | Yes | [1951] AC 869 | N/A | Cited for the principle that the ordinary principles of international comity were invaded when courts permitted service out of jurisdiction and that the courts should therefore approach with circumspection any application for leave to serve out of the jurisdiction. |
| George Monro Ltd v American Cyanamid and Chemical Corporation | N/A | Yes | [1944] KB 432 | N/A | Cited for the principle that service out of the jurisdiction at the instance of our courts is necessarily prima facie an interference with the exclusive jurisdiction of the sovereignty of the foreign country where service is to be effected. |
| Ng Swee Hong v Singmarine Shipyard Pte Ltd | Court of Appeal | Yes | [1991] SLR 165 | Singapore | Discussed in relation to the effect of substituted service when the defendant was out of the jurisdiction at the time the writ was issued, but distinguished on the facts. |
| PT Garuda Indonesia v Birgen Air | High Court | Yes | [2001] SGHC 262 | Singapore | Cited to support the submission that Ng Swee Hong should be distinguished. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) s 16 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Substituted Service
- Service Out of Jurisdiction
- Personal Service
- Writ of Summons
- Jurisdiction
- International Comity
- Forum Conveniens
15.2 Keywords
- Substituted service
- Jurisdiction
- Singapore High Court
- Civil procedure
- Service out of jurisdiction
16. Subjects
- Civil Procedure
- Service of Process
17. Areas of Law
- Civil Procedure
- Service of Process
- Jurisdiction