Abstract:
The topic of curing defects in service of an originating process out of jurisdiction deserves much more attention than it has thus far received in Singapore. This article draws attention to how the words of one of the main governing rules conflict with the position that has been taken by the local courts, before examining the core issues of whether a court can cure, and (if so) when a court should cure, such defects. A framework that achieves the most satisfactory balance between the plain words of the relevant rules and the competing considerations of procedural justice, substantive justice and international comity will be proposed.