Abstract:
The Court of Appeal in Mitora Pte Ltd v Agritrade International (Pte) Ltd [2013] 3 SLR 1179 (“Mitora”) laid down clear pointers as to when an “unless order” may be made. Though the crux of the judgment mainly considered whether the appellant’s statement of claim, which was struck out in default of compliance of “unless orders”, should be restored, the court also provided useful guidance on alternative means of penalising persistent breaches including raising adverse inferences against the defaulting party at trial and striking out only the relevant portions of the pleading rather than the whole. In addition, the judgment in Mitora reiterates the Court of Appeal’s penchant for the merits of the case to be adjudicated instead of having parties’ substantive rights summarily disposed due to procedural irregularities. Will Mitora be the mantra for the making of “unless orders”?