Short answer: Yes. A Singapore company sued by a customer can issue a third party notice under Order 10 of the Rules of Court 2021 against a supplier, subcontractor or anyone else it says is responsible, claiming contribution or an indemnity. No court permission is needed if the notice is issued in an originating claim before the company serves its defence.
A third party claim in Singapore is the procedure a defendant uses to bring a new party into a lawsuit that someone else started. The typical case: a customer sues your company over defective goods, a failed installation or a late project, and the real fault lies with the supplier or subcontractor you relied on. Rather than lose the case and then start a second lawsuit, your company can ask the court to decide its claim against that party in the same action. This guide covers the Order 10 procedure, deadlines, contribution and indemnity, and what to prepare. If you have only just been served, start with our first-steps guide for directors whose company has been sued.
Key facts at a glance
- Third party proceedings are governed by Order 10 of the Rules of Court 2021; the notice is in Form 20 or Form 21 (Order 10, Rule 1(1)).
- A defendant may issue a third party notice only after filing a notice of intention to contest or not contest, where one is required (Order 10, Rule 1(1)).
- No permission is needed if the action began by originating claim and the notice is issued before the defendant serves its defence; otherwise the court’s permission is required (Order 10, Rule 1(2)).
- A defendant served in Singapore must file its notice of intention to contest within 14 days, and its defence within 21 days, after the statement of claim is served (Order 6, Rules 6(1) and 7(1)).
- A person liable for damage can recover contribution from another person liable for the same damage (Civil Law Act 1909, section 15(1)), in an amount the court finds just and equitable, up to a complete indemnity (section 16).
- A judgment against the third party cannot be enforced without the court’s permission until the judgment against the defendant has been satisfied (Order 10, Rule 7(2)).
Raffles Corporate Services works with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice. This article is general information only and is not legal advice.
What is a third party claim in Singapore?
It is a claim by a defendant against a person who is not yet a party to the action, made by serving a third party notice. Once served, that person becomes a party (the third party) with the same rights to defend as if your company had sued it in a separate action (Order 10, Rule 1(3)).
Order 10, Rule 1(1) allows a third party notice in three situations:
| Gateway | What it covers | Typical example |
|---|---|---|
| (a) Contribution or indemnity | The third party must share, or fully bear, what the defendant has to pay | A supplier that contractually agreed to indemnify you against customer claims caused by its products |
| (b) Related relief | Relief connected with the original subject matter and substantially the same as relief the claimant seeks | A claim over the same goods, mirroring what the customer asks for |
| (c) Common question or issue | A question connected with the original subject matter that should also be decided against the third party | Whether the components the subcontractor installed were defective |
The main benefit is consistency: one judge decides whether the goods were defective and who bears the loss.
What is the legal basis: Order 10 and the Civil Law Act?
The procedure is in Order 10 of the Rules of Court 2021. The right to contribution comes from sections 15 and 16 of the Civil Law Act 1909, and a right to indemnity usually comes from the contract with the supplier.
| Source | What it provides |
|---|---|
| Rules of Court 2021, Order 10, Rules 1 to 3 | When a notice may be issued, when permission is needed, the supporting affidavit, and service |
| Order 10, Rules 4 to 9 | Directions, default, setting aside, judgment between defendant and third party, notices against existing parties, and fourth parties |
| Civil Law Act 1909, sections 15 and 16 | Contribution between persons liable for the same damage, assessed as just and equitable, from nil up to a complete indemnity |
| Rules of Court 2021, Order 21, Rules 2 to 4 | Costs are in the court’s discretion, generally follow the event, and can be reduced for failed issues |
What is the difference between contribution and indemnity?
Contribution shares a liability; an indemnity shifts all of it. Under section 15(1), any person liable for damage suffered by another may recover contribution from any other person liable for the same damage. The court sets the amount at what is just and equitable, having regard to each party’s responsibility, and may exempt a party or order a complete indemnity (section 16(1) and (2)).
Statutory contribution fits best where your company and the supplier are both liable to the customer for the same damage, for example where both were negligent. Where the supplier owes duties only to your company under the supply contract, the claim is more often framed as a contractual indemnity or damages for breach of that contract, which can still be brought under Order 10.
- Settling does not end the right. A company that settles in good faith may still claim contribution, if it would have been liable on the factual basis of the claim (section 15(4)).
- Caps travel with the supplier. If the supplier’s liability to the customer was limited by an agreement made before the damage occurred, it cannot be made to contribute more than that limit (section 16(3)(a)).
The same idea of sharing a common burden underlies claims between co-guarantors, covered in our guide to co-guarantor contribution.
How does a contractual indemnity clause help?
It lets your company recover on the contract’s terms. Check whether it covers claims by your customers, any notice or no-settlement-without-consent requirement, any cap or time bar, and any arbitration clause. Caps and exclusions may also be tested under the Unfair Contract Terms Act 1977; see our guide to exclusion and limitation clauses.
Who can bring a third party claim, and when?
The defendant brings it, after filing its notice of intention to contest. Issue the notice before serving the defence and no permission is needed; after that, your company must apply to court.
- Notice of intention to contest or not contest: within 14 days after the statement of claim is served in Singapore (Order 6, Rule 6(1)).
- Defence, with any counterclaim: within 21 days after the statement of claim is served (Order 6, Rules 7(1) and 8(1)).
- Third party notice without permission: after the notice of intention to contest and before the defence is served (Order 10, Rule 1(2)).
The window can be as short as a week. Missing it adds an application, an affidavit and cost. In an action begun by originating application, permission is always needed.
If the person you blame is already a defendant, serve a notice under Order 10, Rule 8, without permission. A claim against the customer itself belongs in a counterclaim or set-off filed with the defence.
How does a third party claim work, step by step?
Your solicitor issues and serves the third party notice, then applies for directions on how the claim will be tried. Court proceedings are conducted by a Singapore Advocate and Solicitor acting for your company.
- Diarise the 14-day and 21-day deadlines, notify your insurer and give any notice the supply contract requires.
- File and serve the notice of intention to contest within 14 days.
- Issue the third party notice in Form 20 or Form 21 before serving the defence. If permission is needed, apply by summons without notice in Form 22, with an affidavit stating the claimant’s claim, the stage reached, your company’s claim and the facts relied on, and the third party’s name and address (Order 10, Rule 2).
- Serve the notice personally on the third party, with copies of the originating claim and the pleadings served so far (Order 10, Rule 3(2) and (3)). Service outside Singapore follows Order 8.
- File and serve your company’s defence within 21 days.
- The third party files a notice of intention to contest or not contest, as if served with an originating claim (Order 10, Rule 3(3)).
- Your company applies for third party directions by summons in Form 23, served on all parties, after the third party’s notice is filed (Order 10, Rule 4(1)).
- The court may enter judgment against the third party if its liability is established, order the issues to be tried, or dismiss the application and end the third party proceedings (Order 10, Rule 4(3)).
What can the third party do?
It is a full party and can:
- defend the claim against it as if sued in the ordinary way (Rule 1(3));
- with permission, defend the customer’s claim, alone or jointly with your company, or take part in the trial (Rule 4(4)(a));
- apply for directions or to set the notice aside if your company does not apply for directions, no earlier than 14 days after filing its notice of intention to contest (Rule 4(2));
- bring in a fourth party, such as its own component maker, without permission if it acts within 14 days after its own deadline to file a notice of intention to contest (Rule 9(3)).
If the supply contract has an arbitration clause, the supplier may apply to stay the third party proceedings under section 6 of the Arbitration Act 2001, or section 6 of the International Arbitration Act 1994. If the third party fails to file its notice of intention to contest, or an ordered defence, it is deemed to admit the claim and is bound by the judgment in the main action so far as relevant (Order 10, Rule 5(1)(a)).
What documents will the law firm need?
Gather the paper trail along the whole supply chain, showing why the third party should pay.
| Document | Why it matters |
|---|---|
| Originating claim, statement of claim and proof of the service date | Fixes the deadlines; copies go to the third party with the notice |
| Customer contract, and supplier contract, purchase orders and terms | Warranties each way, indemnity clauses, caps and any arbitration clause |
| Delivery orders, batch numbers and quality control records | Links the defect to the supplier’s goods or work |
| Complaints, photos, test reports, repair invoices and notices to the supplier | Evidence of the defect, the loss and contractual notice |
| ACRA business profile of the supplier | Correct legal entity and registered office for service |
| Directors’ resolution | Authorises the defence, the third party claim and the law firm’s appointment |
How long does it take, and what are the cost risks?
The early deadlines are fixed by the Rules; the rest runs alongside the main action on the court’s timetable. The biggest risk is paying the third party’s costs if your claim against it fails.
| Stage | Timing | Cost drivers |
|---|---|---|
| Notice of intention to contest | 14 days after the statement of claim is served in Singapore | Filing fee and solicitors’ fees |
| Third party notice without permission | Before the defence is served (21 days) | Drafting and personal service |
| Permission application, if needed | As soon as possible after the defence | Summons and affidavit |
| Third party directions | After the third party files its notice of intention to contest | Summons and hearing |
| Trial and judgment | With or after the main action, as directed | Witnesses, defect experts, extra hearing days |
Assumptions: an originating claim with all parties served in Singapore. Ask your solicitor for current court fees and a written estimate.
Costs are in the court’s discretion (Order 21, Rule 2(1)) and generally follow the event (Order 21, Rule 3(2)), but the court may reduce a successful party’s costs where it failed on an issue it raised, acted unreasonably or did not consider amicable resolution (Order 21, Rule 4). A failed third party claim will usually cost your company the third party’s costs as well as its own, so ask the supplier first whether it will accept responsibility or join settlement talks.
Should you sue the supplier separately instead?
You can, which lets you resolve the customer’s claim first. The trade-offs are two sets of proceedings, duplicated evidence and the risk that a second court sees the facts differently. If you wait, watch the limitation period: actions founded on contract or tort generally cannot be brought more than 6 years after the cause of action accrued (Limitation Act 1959, section 6(1)(a)), and your solicitor should confirm when time runs for your claim. Our guide on how to sue a company in Singapore explains forums and filing fees.
What does the company secretary prepare, and what does the solicitor file?
Your company secretary or corporate service provider (CSP) prepares the corporate approvals and records. The Singapore Advocate and Solicitor advises on the claim, drafts and files every court document, and appears in court.
| Company secretary or CSP | Singapore Advocate and Solicitor |
|---|---|
| Directors’ resolution to defend, bring the third party claim and appoint the law firm, with conflict declarations if a director is linked to the supplier | Advice on contribution, indemnity, caps, arbitration and whether to claim now or later |
| ACRA business profiles of the customer and supplier | Notice of intention to contest, defence and third party notice (Form 20 or 21) |
| Indexed bundle of contracts, purchase orders, delivery records and correspondence | Permission summons (Form 22) and affidavit, if needed |
| Schedule of payments and losses from the ledger | Service, directions summons (Form 23), hearings and settlement |
Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles the proceedings. If your company has just been served and the problem started with a supplier, speak to a lawyer before the 21-day defence deadline.
What happens after judgment?
The court may give judgment for your company against the third party, or for the third party against your company (Order 10, Rule 7(1)). No ACRA lodgement is normally needed for a commercial judgment between companies.
- Enforcement. An enforcement order cannot be issued against the third party without the court’s permission until your company has satisfied the customer’s judgment (Order 10, Rule 7(2)).
- Third party in default. Your company may enter judgment for the contribution or indemnity claimed after satisfying a default judgment against it, or earlier with permission (Order 10, Rule 5(1)(b)).
- Accounts and minutes. Record the liability to the customer and the recovery from the third party separately, and minute the outcome.
What are the common mistakes?
Most problems come from missing the defence window or suing the wrong entity.
- Serving the defence first and only then deciding to bring in the supplier, which means a permission application.
- Naming a brand or related company instead of the entity on the supply contract and in ACRA’s records.
- Ignoring the supplier’s notice requirement, liability cap or arbitration clause.
- Settling with the customer without the insurer’s consent where the policy requires it.
- Overlooking an employee or contractor who caused the loss; see our guide to vicarious liability.
Frequently asked questions
Do we need the court’s permission to bring in our supplier?
Not if the action began by originating claim and your company issues the notice after its notice of intention to contest and before serving its defence (Order 10, Rule 1(2)). Otherwise, apply by summons in Form 22 with a supporting affidavit.
Can we still claim contribution if we settle with the customer?
Generally yes. Section 15(4) of the Civil Law Act 1909 allows contribution after a bona fide settlement, if your company would have been liable assuming the factual basis of the customer’s claim could be established.
Can we bring our insurer in as a third party?
Order 10 covers claims for an indemnity, but claims against your own insurer usually follow the policy’s notification, consent and dispute resolution terms. Notify the insurer as soon as you are sued and ask your solicitor about the right route.
What if the supplier is overseas?
The notice can be served outside Singapore under Order 8, which Order 10, Rule 3(3) applies to third party notices. Check the contract for a foreign jurisdiction or arbitration clause.
Need help with this?
Raffles Corporate Services can handle the ACRA filings, compliance documentation and records for you, and where court proceedings or legal advice are needed, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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Last reviewed: 5 November 2026. The Editorial Team, Raffles Corporate Services.