Glenville v Quek Swee Chong: Validity of Writ of Summons Served After Expiry on Non-Working Day

In Glenville, Chantell v Quek Swee Chong and ASC Clinic for Women Pte Ltd, the General Division of the High Court of Singapore addressed whether a Writ of Summons, expiring on a Saturday, was validly served on the following Monday. Kwek Mean Luck JC held that by virtue of Order 3 Rule 3 of the Rules of Court, the Writ had not expired when served on Monday. The court dismissed the defendants' summons and found the Writ to have been validly served, awarding costs to the plaintiff. The case involved a breach of contract and negligence claim.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Summons dismissed; Writ validly served.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The case concerns the validity of a Writ of Summons served on the next working day after its expiry date fell on a Saturday. The court held the service was valid.

1.7 Decision Date

25 October 2021

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Glenville, Chantell	Plaintiff	Individual	Summons dismissed	Won	Kronenburg Edmund Jerome of Braddell Brothers LLP Tammie Khor of Braddell Brothers LLP Wu Guolin Colin of Braddell Brothers LLP Luen Ka Fai Joseph of Braddell Brothers LLP
Quek Swee Chong	Defendant	Individual	Summons allowed	Lost	Toh Cher Han of Dentons Rodyk & Davidson LLP Lek Siang Pheng of Dentons Rodyk & Davidson LLP Ng Cheng Mun Clara of Dentons Rodyk & Davidson LLP
ASC Clinic for Women Pte Ltd	Defendant	Corporation	Summons allowed	Lost	Toh Cher Han of Dentons Rodyk & Davidson LLP Lek Siang Pheng of Dentons Rodyk & Davidson LLP Ng Cheng Mun Clara of Dentons Rodyk & Davidson LLP

3. Judges

Judge Name	Title	Delivered Judgment
Kwek Mean Luck	Judicial Commissioner	Yes

4. Counsels

Counsel Name	Organization
Kronenburg Edmund Jerome	Braddell Brothers LLP
Tammie Khor	Braddell Brothers LLP
Wu Guolin Colin	Braddell Brothers LLP
Luen Ka Fai Joseph	Braddell Brothers LLP
Toh Cher Han	Dentons Rodyk & Davidson LLP
Lek Siang Pheng	Dentons Rodyk & Davidson LLP
Ng Cheng Mun Clara	Dentons Rodyk & Davidson LLP

4. Facts

Ms. Glenville was a patient of Dr. Quek and the Clinic.
Ms. Glenville alleged breach of contractual duties and/or negligence in medical care.
A Writ of Summons was issued on 1 February 2021.
The Writ was served on 2 August 2021.
31 July 2021, the expiry date, was a Saturday.
Defendants applied for a declaration that the Writ had expired.

5. Formal Citations

Glenville, ChantellvQuek Swee Chong and another, Suit No 117 of 2021 (Summons No 4004 of 2021), [2021] SGHC 237

6. Timeline

Date	Event
2021-02-01	Writ of Summons issued
2021-07-29	Plaintiff's lawyers informed defendants' lawyers of Suit No 117 of 2021
2021-07-30	Plaintiff's lawyers requested confirmation from defendants' lawyers to accept service of the Writ
2021-08-02	Defendants' lawyers confirmed instructions to accept service of the Writ
2021-08-02	Writ served on the defendants
2021-09-24	Hearing date
2021-10-26	Judgment date

7. Legal Issues

Validity of Writ of Summons
- Outcome: The court held that the Writ of Summons had not expired when served on the next working day, as Order 3 Rule 3 of the Rules of Court applied.
- Category: Procedural
- Sub-Issues:
  - Expiry of Writ on Non-Working Day
  - Extension of Time for Service

8. Remedies Sought

Declaration that the Writ of Summons had expired

9. Cause of Actions

Breach of Contract
Negligence

10. Practice Areas

Litigation

11. Industries

Healthcare

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Pritam Kaur v S. Russell & Sons Ltd	English Court of Appeal	Yes	[1973] QB 336	England and Wales	Cited for the principle that if a time prescribed by the Rules of Court for doing any act expires on a non-working day, the act is done in time if it is done on the next day on which the court office is open.
CSR South East Asia Pte Ltd (formerly known as CSR Bradford Insulation (S) Pte Ltd) v Sunrise Insulation Pte Ltd	N/A	Yes	[2002] 1 SLR(R) 1079	Singapore	Cited as an example of the application of the current Order 3 Rule 3 of the Rules of Court in relation to obligations not involving the Registry.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Rules of Court (2014 Rev Ed) O 3 r 3	Singapore
Rules of Court (2014 Rev Ed) O 6 r 4(1)(b)	Singapore
Rules of Court (2014 Rev Ed) O 1 r 4(1)	Singapore
Rules of Court (2014 Rev Ed) O 10 r 1(1)	Singapore
Rules of Court (2014 Rev Ed) O 6 r 4(2)	Singapore
Rules of Court (2014 Rev Ed) O 12 r 4(a)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Writ of Summons
Rules of Court
Order 3 Rule 3
Validity of Writ
Non-Working Day
Service of Writ

15.2 Keywords

Writ of Summons
Service
Expiry Date
Non-Working Day
Rules of Court
Validity

17. Areas of Law

Area Name	Relevance Score
Civil Practice	90
Civil Procedure	90

16. Subjects

Civil Procedure
Service of Writ
Extension of Time