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also accessible through singaporelawraffles.com
raffleslaw.com
All information for general knowledge only
Please see your lawyer if you wish to act on them

 

 

You can stop your partner withdrawing money from your joint account

A court order can be obtained (in appropriate circumstances) to

Stop your employee from taking away your customers

Stop your employee from taking away your business secrets

Stop someone from disturbing or harassing you

Stop a debtor from hiding his money or taking it out of the country

Stop someone from infringing your copyright

 

Case

Recently, a businessman (Tan) threatened to withdraw $350,000 placed as an Initial Deposit in a bank account (pursuant to the Business Agreement) unless his business partner (Lim) obtained a timber licence within a week from a nearby country. Lim felt that Tan was acting unreasonably. Lim consulted his lawyers who obtained a court order preventing Tan from withdrawing the $350,000 until the dispute has been decided at a trial.

 

 

see sample of a court order below

 

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

 Suit No. 600008 of 2000

Between

LIM AH KOW
(NRIC NO. S1234567H) ...Plaintiff

And

CARD ASIA PTE LTD
(RC No. 199944888J) .….Defendant

 

ORDER OF COURT

 

BEFORE THE HONOURABLE
JUDICIAL COMMISSIONER MR ABC ...................IN CHAMBERS

 

IMPORTANT:

NOTICE TO THE DEFENDANTS

(1) This order prohibits you from doing the acts set out in this order. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this order.

(2) If you disobey this order you will be guilty of contempt of Court and any of your directors may be sent to prison or fined.

 

THE ORDER

An application was made today 20th of October 2000 by Counsel for the

Plaintiff to the Honourable Judicial Commissioner by way of ex-parte

Summons-In-Chambers No. 600087 of 2000, Judicial Commissioner

ABC heard the Application and read the affidavit of Lim Ah Kow filed on

20th October 2000.

 

As a result of the application, IT IS ORDERED AND DIRECTED by

Judicial Commissioner Mr ABC that :-

 

(1) That the Defendant whether by themselves, their

officers, representatives, Servants or agents or otherwise

howsoever be restrained and an injunction is hereby

Granted restraining the Defendants until trial or further

order in the meantime from doing the following acts or any

of them that is to say re-calling, withdrawing, receiving,

remitting, transferring, assigning dealing with or otherwise

disposing of the sum of $350,000.00 (including all accrued

interest) or any part thereof held by Messrs DD Goh &

Partners as Initial Deposit pursuant to Clause 12 of the

Agreement dated 23rd July 1999 entered into between the

Plaintiff and the Defendants.

 

(2).Costs of this application be costs in the cause.

 

 

EFFECT OF THIS ORDER

A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other ways.

 

THIRD PARTIES

Effect of this order

It is a contempt of Court for any person notified of this order knowingly to assist in or permit a breach of the order. Any person doing so may be sent to prison or fined.

 

UNDERTAKINGS

The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.

 

DURATION OF THIS ORDER

This order will remain in force until the trial or further order.

 

VARIATION OR DISCHARGE OF THIS ORDR

The defendants (or anyone notified of this order) may apply to the Court any time to vary or discharge this order (or so much of this as affects that person), but anyone wishing to do so must inform the plaintiff's solicitors in writing at least 72 hours before hand.

 

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS

The plaintiff's solicitors are:-

Mr Tan Loon Beng
Messrs ABC & Co
3 Shenton Way, #21-14 Shenton House
Singapore 048556
Tel: 269 7749
Fax: 269 7788
Ref: TJS/11788.00

 

INTERPRETATION OF THIS ORDER

(1) In this order "he", "him" or "his" include "she" or "her" and "it" or "its".

(2) Where there are 2 or more defendants then (unless otherwise stated)

(a) Reference to "the defendants" meant both or all of them;

(b) An order requiring "the defendants" to do or not to do anything requires each defendant to do or not to do anything requires each defendant to do or not to do;

(c) A requirement relating to service of this order or of any legal proceedings on "the defendants" means on each of them.

 

Dated this 20th day of October 2000

 

Signed

ASSISTANT REGISTRAR

 

 

 

SCHEDULE 1

Undertakings given to the Court by the plaintiff

(1) If the Court later finds that this order has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff shall comply with any order the court may make.

(2) As soon as practicable the plaintiff shall serve on the defendant the writ of summons together with this order.

(3) As soon as practicable the plaintiff shall serve on the defendants a copy of the affidavit and exhibits containing the evidence relied on by the plaintiff.

(4) Anyone notified of this order shall be given a copy of it by the plaintiff's solicitors.

(5) The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this order including the costs of ascertaining whether that person holds any of the defendant's assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the Court may make.

 

 

PENAL NOTICE

 

If, CARD ASIA PTE LTD disobeys this Order, you, TAN SOON LONG
and TAN YOW KOK being directors of the said CARD ASIA PTE LTD
will be liable to process of execution for the purpose of compelling the
said CARD ASIA PTE LTD to obey the same.

 

 

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