When a Singapore company is sued—or when it sues someone else and the other side’s defence looks hopeless—one of the fastest and cheapest tools available is an application to strike out. Instead of running the full course of a trial, a party can ask the court to throw out a claim or defence at an early stage because it has no real legal merit, is an abuse of the court’s process, or should not be allowed to proceed in the interests of justice. For a company watching legal costs mount, or one being harassed with a claim that has no basis, understanding how striking out works under the Rules of Court 2021 can save months of litigation and tens of thousands of dollars in costs.
This guide explains what a striking out application is, the legal basis for it, who can apply, the step-by-step process, the documents involved, indicative timelines and costs, and what happens once the court makes its decision.
What the Application Is
A striking out application is a request made to the Singapore courts to remove (“strike out”) the whole or part of a pleading—typically a Statement of Claim or a Defence—before the matter goes to trial. It is a summary, paper-based (or lightly argued) procedure that does not require the parties to call witnesses or go through a full trial process.
The application is aimed squarely at cases that should never have been allowed to consume the court’s time and the parties’ money: claims that are legally unsustainable even if every fact alleged is true, defences that raise no real issue to be tried, or proceedings brought for an improper purpose such as harassment, intimidation, or to frustrate a legitimate business relationship. Because striking out disposes of a case (or part of it) without a trial, Singapore courts apply the remedy cautiously and only in “plain and obvious” cases.
For a company, this cuts both ways. As a defendant, a company sued on a hopeless or vexatious claim can apply to strike it out and avoid the expense of defending the claim all the way to trial. As a plaintiff, a company can apply to strike out a defence that raises no genuine triable issue, clearing the way for judgment. Striking out is also a tool the court can use on its own initiative, and it is a risk every company should be alert to when its own pleadings are poorly drafted or unsupported by facts.
Legal Basis
The modern striking out power in Singapore is found in Order 9 Rule 16 of the Rules of Court 2021 (Cap. 322, S 914/2021), which came into operation on 1 April 2022 as part of the Civil Justice Reforms overhauling Singapore civil procedure. Order 9 Rule 16 allows the court, on the application of a party or on its own initiative, to strike out or amend any pleading (or part of it) on one or more of the following grounds:
- it discloses no reasonable cause of action or defence;
- it is an abuse of the process of the court; or
- it is in the interests of justice to do so.
This replaces the equivalent provision under the old Rules of Court (Order 18 Rule 19), and the courts have generally carried over the established case law on the “plain and obvious” threshold—a claim or defence will only be struck out where it is unarguable and bound to fail, not merely weak. Where the ground relied on is that the pleading discloses no reasonable cause of action or defence, the application is normally decided on the pleadings alone, without evidence, save with the court’s permission. Where the ground is abuse of process or the interests of justice, the court can and usually will consider affidavit evidence.
The court’s general case management powers under the Rules of Court 2021—particularly the emphasis on proportionality, efficient use of resources, and early identification of the real issues in dispute—also inform how judges approach striking out applications. Alongside Order 9 Rule 16, the court retains its inherent jurisdiction to prevent abuse of its own process, which can be invoked in exceptional cases falling outside the strict wording of the rule.
Who Can Apply / Who Can Be a Party
Striking out applications can be made by:
- A defendant company, applying to strike out the plaintiff’s Statement of Claim (or part of it) because it discloses no reasonable cause of action, is legally unsustainable, or amounts to an abuse of process (for example, a repeat claim on facts already litigated, or a claim brought purely to pressure the company commercially).
- A plaintiff company, applying to strike out the defendant’s Defence (or part of it) where the defence raises no genuine issue and appears designed only to delay judgment.
- Any other party to the proceedings, including third parties brought into the action, in respect of pleadings that affect them.
- The court itself, which may strike out a pleading on its own motion at any stage, including at a case conference, if it forms the view that a claim or defence is unsustainable.
Directors and officers of the company do not apply in their personal capacity unless they are separately named as parties; the application is made in the name of the company as claimant or defendant, usually through its appointed solicitors.
Step-by-Step Process
- Assess the pleading. Once a Statement of Claim or Defence has been filed and served, the receiving party (with its lawyers) reviews it for legal sustainability—does it disclose a real cause of action or defence, and is there any sign it has been brought for an improper purpose?
- File the application. Under the Rules of Court 2021, an application to strike out is filed as an application in the existing originating proceedings, supported by a supporting affidavit where the ground relied on requires evidence (abuse of process or interests of justice). Where the sole ground is “no reasonable cause of action or defence,” the application is typically argued on the pleadings alone.
- Serve the application on the other party. The respondent is given the opportunity to file a reply affidavit (if evidence is in issue) and written submissions opposing the application.
- Case conference or directions hearing. The court registry will often first deal with the application at a case conference, where the judge may give directions, encourage the parties to narrow the issues, or fix a hearing date.
- Hearing. At the hearing, both sides make submissions (written submissions are almost always required in advance). The court applies the “plain and obvious” test: it will only strike out where the pleading is legally unsustainable or the proceeding constitutes a clear abuse of process, even taking the pleaded facts at their highest.
- Decision. The court may: (a) strike out the whole claim or defence, often resulting in judgment or dismissal; (b) strike out part of a pleading and allow the rest to proceed; (c) dismiss the application and let the matter proceed to trial; or (d) give the losing party limited leave to amend the pleading instead of an outright strike out, particularly on a first application.
- Costs order. The court will normally order costs against the unsuccessful party. Where a claim or defence is struck out for abuse of process, the court may order costs on an indemnity basis as a mark of disapproval.
- Appeal (if applicable). A party dissatisfied with the outcome may appeal, subject to the usual appeal routes and time limits under the Rules of Court 2021.
Documents Required
| Document | Purpose |
|---|---|
| Application (in existing originating proceedings) | Formally commences the striking out application within the existing suit, identifying the pleading and grounds relied on |
| Supporting affidavit (where applicable) | Sets out the facts and exhibits relied on where the ground is abuse of process or the interests of justice; generally not required or admissible for the “no reasonable cause of action/defence” ground save with the court’s leave |
| Copy of the impugned pleading | The Statement of Claim, Defence, Reply or other pleading (or the specific paragraphs) sought to be struck out |
| Written submissions | Legal argument applying the “plain and obvious” test and relevant case authorities to the facts pleaded |
| Reply affidavit (respondent) | The party resisting the application sets out why the pleading discloses a genuine cause of action, defence, or triable issue |
| Bundle of authorities | Case law and statutory provisions relied on by each side |
| Draft order | Proposed form of order for the court’s consideration if the application succeeds |
Timeline and Costs
| Stage | Indicative Timeline |
|---|---|
| Filing the application after reviewing the pleading | Best made promptly—ideally shortly after the pleading is served, and before significant costs are incurred |
| Service and reply affidavit (if any) | 2–4 weeks, depending on directions given |
| Case conference / directions | 2–6 weeks after filing, depending on the court’s schedule |
| Substantive hearing | 1–3 months after filing, longer if the application is contested and submissions are extensive |
| Decision | Often given on the day of the hearing for straightforward cases; reserved judgments can take several weeks for complex applications |
| Appeal (if lodged) | An additional 3–9 months, depending on the appellate court’s schedule |
| Cost Item | Indicative Range (SGD) |
|---|---|
| Court filing fees | Modest fixed fees set by the Rules of Court 2021 fee schedule, typically a few hundred dollars |
| Legal fees for a straightforward, uncontested application | S$3,000–S$8,000 |
| Legal fees for a contested application with affidavits and full submissions | S$8,000–S$25,000+ |
| Costs awarded if successful | Usually a partial contribution to the successful party’s costs, unless indemnity costs are ordered for abuse of process |
| Costs risk if unsuccessful | The applicant company may be ordered to pay the other side’s costs of the application |
These figures are indicative only and will vary depending on the complexity of the pleadings, the number of grounds relied on, and the law firm engaged. Always obtain a specific quote from your Singapore Advocate and Solicitor.
What Happens After the Order
If the application succeeds and the whole claim is struck out, the action is generally dismissed, and the company that brought the application may proceed to seek judgment or ask for the file to be closed. If a defence is struck out entirely, the plaintiff company can typically apply for judgment against the defendant on the basis that there is no defence on the record.
If only part of a pleading is struck out, the remainder of the case proceeds to trial (or further interlocutory steps) on the surviving issues. Courts will sometimes give the losing party a final opportunity to amend defective pleadings rather than striking them out outright, particularly where the defect looks like poor drafting rather than a fundamentally hopeless case.
Costs orders made on a striking out application are usually payable promptly and can be enforced like any other court order if not paid. A company that succeeds in striking out a vexatious claim should also consider, in appropriate cases, whether the conduct of the losing party or their advisers warrants further complaints or costs sanctions.
FAQ
Is striking out the same as summary judgment?
No. Summary judgment (under Order 9 Rule 17 of the Rules of Court 2021) is available where the plaintiff can show the defendant has no real prospect of successfully defending the claim, and results in judgment being entered. Striking out focuses on whether a pleading discloses a legally sustainable case at all, or is an abuse of process, and can be used by either a plaintiff or a defendant. In practice, the two applications are sometimes brought together in the alternative.
How high is the bar for striking out a claim or defence?
Very high. Singapore courts will only strike out where the case is “plain and obvious”—the pleading is legally unsustainable even assuming every fact alleged is true, or the proceedings clearly amount to an abuse of process. A weak or unlikely-to-succeed claim is not, on its own, enough to be struck out; it should generally go to trial.
Can our company be at risk of having its own defence struck out?
Yes. If a company files a defence that simply denies everything without engaging with the plaintiff’s case, or that raises no arguable legal or factual basis, the plaintiff can apply to strike it out. This is one reason a defence should always be drafted with proper legal input rather than filed hastily to “buy time.”
What if the striking out application fails?
If the application is dismissed, the case (or the relevant part of it) proceeds in the ordinary way, and the applicant will usually be ordered to pay the other side’s costs of the failed application. This is a real cost and timing risk that should be weighed carefully before applying.
Can a striking out application be combined with other applications?
Yes. It is common to apply for striking out in the alternative to summary judgment, or alongside applications for security for costs, particularly where a claim looks both weak and unable to satisfy a costs order if it fails.
Does striking out end the dispute for good?
Usually, yes, if the whole claim or defence is struck out and no amendment is permitted—this typically disposes of the matter, subject to any appeal. However, a strike out on procedural or technical grounds does not always prevent a party from bringing a fresh claim if it is not otherwise time-barred or an abuse of process to do so; a Singapore Advocate and Solicitor can advise on the specific effect in your case.
Need Help With This Matter?
If your company is facing this situation, Raffles Corporate Services can assist with the groundwork — ACRA filings, compliance documentation, and coordinating with experienced Singapore law firms. For matters requiring court proceedings, we work with a panel of experienced Singapore law firms who offer cost-effective and efficient legal service and advice.
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This article is for general information only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Singapore Advocate and Solicitor.
Related reading: Your Singapore Company Has Been Sued: A Director’s First-Steps Guide to Defending a Civil Claim, Summary Judgment in Singapore: A Fast Route to Recover a Company Debt, Setting Aside a Default Judgment in Singapore, Production of Documents Against a Singapore Company: Discovery Under Order 11, and Security for Costs Against a Company in Singapore Litigation.
For further reading on the governing rules, see the Rules of Court 2021 on Singapore Statutes Online, the Singapore Judiciary website, or JustFollowLaw for general legal-process guidance.
— The Editorial Team, Raffles Corporate Services