{"id":106566,"date":"2025-06-05T09:00:55","date_gmt":"2025-06-05T09:00:55","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=106566"},"modified":"2025-08-19T07:43:45","modified_gmt":"2025-08-19T07:43:45","slug":"singapore-class-actions","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/singapore-class-actions\/","title":{"rendered":"Singapore: Class Actions"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-106566","comparative_guide","type-comparative_guide","status-publish","hentry","guides-class-actions","jurisdictions-singapore"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DennisMathiew<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/05\/DM-firm-logo.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">DennisMathiew<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/05\/DM-firm-logo.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Class Actions laws and regulations applicable in Singapore<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a class action or collective redress mechanism? If so, please describe the mechanism and outline the principal sources of law and regulation and its overarching impact on the conduct of class actions in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Singapore has a class action or collective redress mechanism where generally, \u201cnumerous persons\u201d with \u201ca common interest in any proceedings\u201d may sue or be sued as a group. One or more persons from the group will represent the group as a whole.<\/p>\n<p>The principal sources of law and regulation are Order 4 Rule 6 of the Rules of Court 2021 (for claims in the General Division of the High Court and State Courts) and Order 10 Rule 19(1) of the Singapore International Commercial Court (\u201c<strong>SICC<\/strong>\u201d) Rules 2021, and case law. Representative proceedings under the SICC Rules 2021 have the additional requirement that all members in the group have submitted to the SICC\u2019s jurisdiction under a written jurisdiction agreement (Order 10 Rule 19(1) SICC Rules 2021). The key threshold that has to be satisfied is the requirement of \u201cnumerous persons\u201d with \u201ca common interest in any proceedings\u201d.<\/p>\n<p>Order 4 Rule 6 of the Rules of Court 2021 reads:<\/p>\n<p>\u201c6.\u2014(1)\u00a0 Where numerous persons have a common interest in any proceedings, such persons may sue or be sued as a group with one or more of them representing the group.<\/p>\n<p>(2)\u00a0 Where a group of persons is suing under this Rule, all members in the group must give their consent in writing to the representative to represent all of them in the action and they must be included in a list of claimants attached to the originating claim or the originating application.<\/p>\n<p>(3)\u00a0 Where a group of persons is being sued under this Rule, the Court may appoint one or more of them as representative to represent those in the group who have given their consent in writing to the representative in the action and they must be included in a list of defendants attached to the order of Court.<\/p>\n<p>(4)\u00a0 Where there is a class of persons and all or any member of the class cannot be ascertained or cannot be found, the Court may appoint one or more persons to represent the entire class or part of the class and all the known members and the class must be included in a list attached to the order of Court.<\/p>\n<p>(5)\u00a0 A judgment or order given in such an action is binding on all the persons and the class named in the respective lists stated in paragraphs (3) and (4).\u201d<\/p>\n<p>Order 10 Rule 19 of the SICC Rules 2021 reads:<\/p>\n<p>\u201c19.\u2014(1)\u00a0 Where numerous persons have a common interest in any proceedings, such persons may sue or be sued as a group with one or more of them representing the group provided that all members in the group have submitted to the Court\u2019s jurisdiction under a written jurisdiction agreement.<\/p>\n<p>(2)\u00a0 Where a group is suing under this Rule, all members in the group must give their written consent to one or more representatives to represent all of them in the case and all of them must be included in a list of claimants attached to the Originating Application.<\/p>\n<p>(3)\u00a0 Where a group is being sued under this Rule, the Court may appoint one or more of them as representatives to represent those in the group who have given their written consent to the representatives in the case and those in the group must be included in a list of defendants attached to the order of Court.<\/p>\n<p>(4)\u00a0 Where there is a class of persons and all or any member of the class cannot be ascertained or cannot be found, the Court may appoint one or more persons to represent the entire class or part of the class and all the known members and the class must be included in a list attached to the order of Court.<\/p>\n<p>(5)\u00a0 A judgment or an order given in such a case is binding on all the persons and the class named in the respective lists stated in paragraphs (3) and (4).\u201d<\/p>\n<p>These rules provide the mechanism whereby one or more persons may represent a large group in suing or defending a suit. These rules also provide the mechanism whereby the court may authorise one or more persons to represent a class of persons.<\/p>\n<p>Another piece of legislation which deals with representative proceedings is s 85 of the Building Maintenance and Strata Management Act 2004 (\u201c<strong>BMSMA<\/strong>\u201d). Section 85 of the BMSMA procedurally facilitates the institution of actions by or against subsidiary proprietors by allowing management corporations to institute or defend actions on their behalf. This is done in a representative capacity, and the statutory provision does not confer a separate right or cause of action on the management corporation. Management corporations relying on this procedural provision would still have to demonstrate an underlying substantive cause of action on the part of the subsidiary proprietors they represent (<em>MCST No 3322 v Mer Vue Developments Pte Ltd and others <\/em>[2016] SGHC 28.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the history of the development of the class actions\/collective redress mechanism and its policy basis in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Given Singapore\u2019s colonial past, Singapore\u2019s legislation for class actions\/collective redress mechanism follows that of the United Kingdom. The policy basis is that where there are numerous parties, the need for efficient and equitable justice was not served by requiring all interested persons to be made a party to the proceedings as the courts would grapple with the practical and logistical challenges of requiring all interested parties to be joined to the suit. Instead, justice was better served if all parties interested in the proceedings could be involved through representation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the frequency of class actions brought in your jurisdiction, in terms of number of cases over the years and\/or comparison to other types of litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are uncommon in Singapore and there have been less than 10 cases so far. In contrast, there were 7,336 civil originating processes filed in the High Court and 20,358 civil cases filed at the State Courts in 2023.<sup>1<\/sup><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there certain courts or types of claims that are most prevalent (for example competition vs commercial litigation generally)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions tend to involve commercial claims in the General Division of the High Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the definition of 'class action' or 'collective redress' relevant to your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The definition is \u201cWhere numerous persons have a common interest in any proceedings, such persons may sue or be sued as a group with one or more of them representing the group\u201d. This has been widened from the previous requirement (Order 15, Rule 12 of the Rules of Court 2014) of \u201csame interest\u201d, which in any event was given a broad interpretation by the courts. In <em>Koh Chong Chiah v Treasure Resort<\/em> [2013] 4 SLR 1204, an action was brought by members of Sijori Club against the managers of the club for breaches of the terms of their membership. The term \u201csame interest\u201d was defined by the Court of Appeal at [78] based on the following criteria:<\/p>\n<ul style=\"padding-left: 0\">\n<li>the class of represented persons must be clearly definable;<\/li>\n<li>the proposed representative plaintiff must adequately represent the interests of the class of represented persons and must vigorously and capably prosecute the interests of the entire class;<\/li>\n<li>there must be significant issues of fact or law common to all the claimants in the representative action; and<\/li>\n<li>all the claimants in the representative action must benefit from the relief granted by the court.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the general 'triggers' for commencement of a class action or collective redress in your jurisdiction from a factual perspective?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The trigger would be an event or circumstances involving \u201cnumerous persons\u201d having \u201ca common interest in any proceedings\u201d arising therefrom. In other words, where numerous individuals suffer a similar related harm and it would be impractical or economically unviable for them to pursue individual lawsuits. For instance, where a group of cryptocurrency investors who had been defrauded seek recourse against the company. On their own an individual investor\u2019s loss may not be large but when pooled together it may justify the costs involved in bringing a law suit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do class actions or collective redress proceedings typically interact with regulatory enforcement findings? e.g. competition or financial regulators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions or collective redress proceedings would give precedence to regulatory enforcement findings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis for a class action or collective redress mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Examples would be tort and contractual claims which affect a large number of persons \/ entities as well as statutory violations. In Singapore, there have been several suits based on the tort of misrepresentation e.g. founding members of Raffles Town Club suing the owners of the club for misrepresenting the features of the club, purchasers of cryptocurrency tokens called TerraUSD suing Terraform Labs Pte Ltd for inducing them to purchase the tokens when its value plummeted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations of types of claims that may be brought on a collective basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no limits to the types of claims that may be brought on a collective basis apart from the requirement of \u201ca common interest\u201d in the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who may bring class action or collective redress proceeding? (e.g. qualified entities, consumers etc)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A clearly definable class of persons eg. passengers on board a particular airline, investors of a particular fund, parents who stored their children\u2019s cord blood with a private cord blood bank.<\/p>\n<p><em>POA Recovery Pte Ltd v Yau Kwok Seng and others and another appeal<\/em> [2022] 1 SLR 1165 concerned the representative action of 1,102 investors of a crude oil investment Ponzi scheme.\u00a0 However, in this case, instead of appointing a representative, these investors commence action by assigning their \u201crights, title, benefit and interest\u201d to a special purpose vehicle (\u201c<strong>SPV<\/strong>\u201d) via Assignment Agreements. The SPV was a Singapore incorporated private limited company with an issued share capital of $1. The Appellate Court held that the use of the SPV structure did not violate the law against maintenance and champerty and the SPV had locus standi to bring the claim.\u00a0There was no accompanying element of impropriety because there was no surreptitious third-party funder controlling proceedings nor any third party wagering on the litigation. Thus, to use the SPV as a \u201crepresentative\u201d, these elements had to be in place:<\/p>\n<ul style=\"padding-left: 0\">\n<li>All claims of the investors were assigned to the SPV so the assigned claims were consolidated and brought to court as a single high-value claim;<\/li>\n<li>the SPV was controlled by the investors and not a third party;<\/li>\n<li>the litigation was funded by the investors or their related entities;<\/li>\n<li>the SPV, as the assignee, does not share in the proceeds of the litigation and the fruits of the litigation would be paid out to the investors according to the terms of the assignment agreement;<\/li>\n<li>there was no control of the litigation by a third-party funder \/ financier;<\/li>\n<li>there was otherwise no element of impropriety tainting any aspect of the SPV structure, particularly the assignments of the claims to the SPV; and<\/li>\n<li>the conduct of the proceedings through the SPV was not an attempt at cost-proofing the underlying claimants, and such concerns may be negated through the provision of security for costs by the SPV.<\/li>\n<\/ul>\n<p>The appellate court stated that it disagreed with the trial judge that if investors wished to sue collectively, the only procedurally permissible way would be to file a representative action or join parties and consolidate their actions. Instead, the appellate court held that the \u201cuse of an entity to &#8216;consolidate&#8217; all claims to efficiently bring a single high-value claim to court may be viewed as a modern-day alternative to a representative action\u201d and that \u201csuch an assignment structure may (where appropriately used) also promote efficiency in the administration of justice; it obviates the need for the cumbersome task of filing hundreds, if not thousands of separate writs pending consolidation, thereby easing the strain on both litigants and the courts.\u201d (at [90]).<\/p>\n<p>The use of an SPV in representative proceedings may well circumvent the procedural requirements of Order 4 Rule 6.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limits on the nationality or domicile of claimants in class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no limits on the nationality or domicile of claimants in class actions or collective redress. To have standing to sue in the Singapore courts, the dispute must have taken place in Singapore or have some connection to Singapore, failing which, parties must have agreed to the jurisdiction of the Singapore courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on size or type of class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no limit on the number of members within a class, however, in <em>Syed Nomani v Chong Yeow Peh<\/em> [2017] 3 SLR 1064, the court concluded that where only 11 persons were involved, it would not be procedurally efficient for the case to proceed as representative proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements or prohibitions in sourcing this class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The persons in this class must share a common interest. From <em>Koh Chong Chiah v Treasure Resort<\/em> [2013] 4 SLR 1204 at [78], the previous requirement of \u201csame interest\u201d was defined as:<\/p>\n<ul style=\"padding-left: 0\">\n<li>the class of represented persons must be clearly definable;<\/li>\n<li>there must be significant issues of fact or law common to all the claimants in the representative action; and<\/li>\n<li>all the claimants in the representative action must benefit from the relief granted by the court.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which courts deal with class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The State Courts and General Division of the Singapore High Court pursuant to Order 4, Rule 6(1) and Order 1, Rule 3 of the Rules of Court 2021 and the SICC pursuant to Order 10, Rule 19(1) of the SICC Rules 2021.<\/p>\n<p>In the State Courts, Magistrates Courts deal with claims valued at $60,000 and below while District Courts handle claims above $60,000 to $250,000. Claims above $250,000 are dealt with by the General Division of the High Court. The SICC\u00a0is a division of the General Division of the High Court which hears claims of an international commercial nature.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any jurisdictional obstacles to class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no jurisdictional obstacles specific to class actions or collective redress proceedings save that Singapore courts only have jurisdiction over matters concerning Singapore based on factors like the location of the dispute, the parties&#8217; consent and the nature of the claim.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction adopt an \u201copt in\u201d or \u201copt out\u201d mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Singapore adopts an \u201copt in\u201d mechanism. Members of the group with the common interest have to opt in. In the case of a group of claimants, they will have to give their written consent to the representative to represent them all, and their names will be listed and attached to the originating claim or originating application. In the case of members of a group of defendants, they will have to give their written consent to the representative to represent them, and their names will be listed and attached to the order of court by which the representative is appointed by the court. In the case of a class of persons where all or any member of the class cannot be ascertained or cannot be found, the court may appoint one or more persons to represent the entire class, or part of the class, and all the known members and the class must be included in a list attached to the order of court by which the representative is appointed by the court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (i.e. procedural formalities) in order to start a class action or collective redress claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no specific procedure for commencing representative actions once a class is defined and the representatives are identified. Instead, it follows the same procedure as that for commencing an action by way of an originating claim or originating application (Order 2, Rule 3 of the Rules of Court 2021). Leave of court is not necessary except where a group of persons are being sued or all or any member of the class cannot be found. All members in the group must give their consent in writing to the representative(s) to represent all of them in the action. The members of the group must be included in a list of claimants attached to the originating claim or originating application (Order 4, Rule 6(2) of the Rules of Court 2021). Further, the originating claim or originating application must be endorsed with a statement of the capacity in which the claimants sue. If the group is being sued, the court may appoint one or more of the persons in the group to represent the persons in the group who consent and who are listed as defendants in a list attached to the order of court.<\/p>\n<p>As the named party, the representative plaintiff makes all the decisions on the course of the proceedings, including the matter of settlement. He or she is liable for the costs and will be able to recoup the expenses from the members of the represented group pursuant to their agreement.<\/p>\n<p>Under the old rules (Order 15, Rule 12 of the Rules of Court 2014), <em>Koh Chong Chiah v Treasure Resort<\/em> [2013] 4 SLR 1204 established that there were two stages to the provision. First, the jurisdictional stage required the satisfaction of the threshold that the claimants have the same interest in the proceedings. After this requirement was met, at the second discretionary stage, the court could exercise its discretion to discontinue the proceedings in question as a representative action where the overall circumstances of the case so justified. Commentators believe that this residuary discretion of the courts remains under the new provision.<\/p>\n<p>The Rules of Court 2021 and SICC Rules 2021 require neither leave nor a representation order before representative proceedings are commenced, so it is open to would-be-litigants to pursue their claim collectively without seeking permission from the court.<\/p>\n<p>On the other hand, a group of defendants would need to obtain an order of court appointing one or more of those defendants to represent the group. An order of court is also required for a person(s) to represent a class of persons or part of the class where all or any member of the class cannot be ascertained or found.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other mandatory procedural requirements apply to these types of matters?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where a group of persons is suing under this Order 4 Rule 6 of the Rules of Court 2021, all members in the group must give their consent in writing to the representative to represent all of them in the action and they must be included in a list of claimants attached to the originating claim or the originating application.<sup>2<\/sup> Where a group of persons is being sued under this Rule, the Court may appoint one or more of them as representative to represent those in the group who have given their consent in writing to the representative in the action and they must be included in a list of defendants attached to the order of Court.<sup>3<\/sup> Where there is a class of persons and all or any member of the class cannot be ascertained or cannot be found, the Court may appoint one or more persons to represent the entire class or part of the class and all the known members and the class must be included in a list attached to the order of Court.<sup>4<\/sup><\/p>\n<p>Similar rules apply for representative proceedings under the SICC Rules 2021.<sup>5<\/sup><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are normal civil procedure rules applied to these proceedings or a special set of rules adopted for this purpose?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Normal civil procedure rules apply to representative proceedings, unlike Part 19 of the English Civil Procedure Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long do these cases typically run for?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Originating claims usually take about a year to complete from commencement to the end of trial. However, because of the complexity of representative or class actions, it may take longer.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in class action or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no limit to the remedies parties can seek. The most common remedies sought are damages, specific performance as well as declaratory or injunctive relief.<\/p>\n<p>In representative tort actions, one difficulty is that individualised assessment of damages may be necessary vis-\u00e0-vis each claimant. It may be argued that this is a factor militating against representative proceedings. This becomes less of an issue, however, if the claimants in representative proceedings seek only a declaration of their entitlement to damages, with the damages being assessed only at a later stage and not by way of representative proceedings. In <em>Koh Chong Chiah v Treasure Resort<\/em> [2013] 4 SLR 1204 at [110], it was observed that \u201cdeclaratory relief does not require an assessment of damages on a personal basis in a representative action, and thus will not offend the \u2018same interest\u2019 requirement\u201d.<\/p>\n<p>Claimants must also prove that they have suffered loss. In <em>Phua Seng Hua and others v Kwee Seng Chio Peter and another<\/em> [2022] 2 SLR 98, the 170 members of The Pines club may have won their class action suit against Peter Kwee and his company Exklusiv Resorts for unilaterally relocating their clubhouse, however, as they failed to prove the loss they suffered ie. there was no diminution of value of the claimants\u2019 club memberships in their new location, they were only awarded a nominal sum of S$1,500 each when they had sought damages of $14,500 each as Wrotham Park damages for breach of contract, another S$14,500 each for fraudulent misrepresentation and another S$14,500 each for punitive damages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are punitive or exemplary damages available for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Punitive or exemplary damages are available and are generally awarded in tort but not in cases of breach of contract because the focus of damages in contract law is on compensation and not punishment: <em>PH Hydraulics &amp; Engineering Pte Ltd v Airtrust (Hong Kong) Ltd and another appeal<\/em> [2017] 2 SLR 129. Punitive or exemplary damages will only be awarded in special circumstances such as where the defendant\u2019s conduct was so outrageous that it warrants punishment, deterrence, and condemnation.<sup>6<\/sup> Such conduct must be beyond the pale and deserving of special condemnation: <em>ACB v Thomson Medical Pte Ltd and others<\/em> [2017] 1 SLR 918 at [176]. For example, in <em>Aries Telecoms (M) Bhd v ViewQwest Pte Ltd (Fiberail Sdn Bhd, third party)<\/em> [2020] 3 SLR 750, punitive damages of S$60,000 was awarded against a company that had wrongfully held on to equipment belonging to another company for over a year despite demands for return of the equipment, on top of the outstanding rental. The court there held that \u201ca sustained and intentional withholding of the equipment \u2026 was sufficiently outrageous such as to justify punitive damages being awarded.\u201d However in the sperm mix-up during IVF procedure case of <em>ACB v Thomson Medical Pte Ltd and others<\/em> [2017] 1 SLR 918, the Court of Appeal did not award punitive or exemplary damages to the wronged couple as it was held that the presence of more than one sample in the specialised enclosure and the fact that disposable pipettes had not been discarded promptly after each use did not, without more, cross the requisite threshold of outrageous conduct.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a judge or multiple judges assigned to these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A single judge will be assigned to these cases at first instance in the State Courts, General Division of the High Court and the SICC. Multiple judges are assigned when the cases go on appeal to the Appellate Division of the High Court and the Court of Appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings subject to juries?  If so, what is the role of juries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Singapore abolished jury trials in 1970.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Damages are generally compensatory. For contractual claims, damages seek to restore the innocent class to the position it would have been if the contract were performed. For tortious claims, damages seek to place the innocent class in the position it would have been had the tort not been committed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any mechanism for the collective settlement of class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While there is no specific mechanism, the Rules of Court 2021 requires parties to consider amicable resolution of the dispute before the commencement and during the course of any action and appeal.<sup>7<\/sup> Judges hearing the proceeding may also recommend that parties attempt mediation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any judicial oversight for settlements of class actions or collective redress mechanisms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Judges may recommend that parties settle their disputes privately but do not oversee these settlement talks.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the top three emerging business risks that are the focus of class action or collective redress litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>These would be financial exposure, reputational damage and increased regulatory scrutiny.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends in litigation are evident in the last three years in your jurisdiction in respect of class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There were cases against a cryopreservation cord blood bank, cryptocurrency firm, and country club. However, these cases were based on misrepresentation and breach of contract.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where do you foresee the most significant legal development in the next 12 months in respect of collective redress and class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>This would be in the use of AI in complementing legal proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings being brought for \u2018ESG\u2019 matters? If so, how are those claims being framed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not at the moment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any proposals for the reform of class actions or collective redress proceedings? If so, what are those proposals?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not at the moment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4350<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/106566","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=106566"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}