[Civil- Procedure: (i) O.21, r.2(6) automatic discontinuance rule; and (ii) O.21, r.2(10) discretionary power to reinstate action. Appellant/Plaintiff’s appeal dismissed with costs, to be taxed if not agreed; lower Court’s orders on costs upheld.
June 2013-Road Traffic Accident causing personal injuries; March 2016 – action set down for trial; December 2017 – early trial dates sought (not trial ready.)
Automatic discontinuance rule: initially developed in English law, adopted in Singapore and applied in Brunei – Moguntia-Est Epices SA v Sea-Hawk Freight Pte Ltd [2003] 4 SLR(R) 429 and Malayan Banking Berhad v Maxwell Co. Sdn Bhd & Anor [Civil Suit No. 107 of 2005]; applied case management philosophy – promoting despatch, expedition and efficiency and countering inexcusable delay in litigation;
• rule not rendered inapplicable merely because action set down for trial;
• Practice Direction No. 3 of 2015- trial dates only allocated once all pre-trial issues resolved;
• though incumbent on Court to set trial dates, parties not absolved from duty to do what they can to progress the litigation;
• if rule applied, action automatically discontinued.
Discretionary power to reinstate action- O.21, r.2(10)
• Reinstatement- exception not the rule – three limbs to be satisfied, cumulatively; Court of Appeal will not lightly interfere with exercise of case management discretion by Registrar or Judge.
Summary of principles: automatic discontinuance rule and exercise of discretion to reinstate action automatically discontinued.
Application: (i) automatic discontinuance rule, O.21, r.2(6) if applicable, trigger date was 4 August 2018, with guillotine date 3 August 2019; rule remained applicable and action automatically discontinued.
(ii) discretionary power to reinstate action, O.21, r.2(10)
Court of Appeal declined to interfere with discretionary decisions of Registrar and Judge refusing to reinstate action – although agreeing with the Registrar, and reversing the Judge, that first limb of Moguntia was satisfied; Appellant failed to satisfy second limb of Moguntia.]