Perils of foreign litigants not participating in Singapore proceedings

11 Aug 2021

In the case of U Myo Nyunt @ Michael Nyunt v First Property Holdings Pte Ltd [2021] SGCA 73, judgments were entered into against a foreign litigant who failed to participate in the Singapore proceedings. The foreign litigant sought to set aside the judgments only after he failed in resisting their registration.

The Court of Appeal held that in an application to set aside two judgments pursuant to both O 13 r 8 and O 35 r 2 of the Rules of Court, the Court’s discretionary power to set aside the judgments under both procedural rules would be considered concurrently and the Court will embark on a two-stage balancing exercise.

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