Interim Payment in Singapore: Getting Part of Your Company’s Claim Paid Before Trial

Short answer: An interim payment is a court order that a defendant pay, before trial, part of the money it will probably owe. Under Order 13, Rule 8 of the Rules of Court 2021, a claimant company files an affidavit stating its claim, why its case is strong and why it needs payment now. Overpayments can be ordered repaid.

A company claim for unpaid invoices or damages can take a long time to reach trial, and the claimant carries the cost while it waits. An interim payment Singapore courts order under the Rules of Court 2021 shortens that wait: the defendant pays part of what it will probably owe now, on account of the final judgment. This guide covers the legal basis, timing, how the court decides, documents, court fees and what the company secretary prepares while the solicitor runs the application.

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 an interim payment in Singapore, and when would a company use it?

An interim payment is money a defendant is ordered to pay before trial, on account of an amount it may later be held liable to pay the claimant. It is not a final judgment: the claim continues, and the payment is credited against whatever the court finally awards.

The Rules of Court 2021 define it broadly. Order 13, Rule 8(1) covers any payment before trial or hearing on account of “any amount that a defendant may be held liable to pay to the claimant, excluding costs of the action”. Unlike the old rules, there is no separate test for damages and for debts, so the same rule applies whether your company claims an unpaid contract price, a refund or damages for breach.

A company typically considers one where liability has been admitted or decided with damages still to be assessed, or where a clear part of the claim is hard to dispute; the delay is straining cash flow; and the defendant, or its insurer, can actually pay. Where the defendant has no real defence at all, summary judgment may be the better tool, because it ends the claim.

What is the legal basis for an interim payment order?

The power comes from the Supreme Court of Judicature Act 1969, and the procedure from Order 13, Rule 8 of the Rules of Court 2021. Case law under the old Rules of Court still helps explain why each factor matters.

The leading decision on the current rule is Ng Zhi Liang v Voon Gie Min [2025] SGHCR 27 (unreported), an Assistant Registrar’s decision in the General Division with grounds issued on 12 August 2025. It held that the old two-stage test under Order 29 of the Rules of Court 2014 no longer applies. The court looks at five factors together and asks whether an order is fair, balancing the claimant’s hardship in waiting against the defendant’s right to keep its money until liability is proved.

Who can apply for an interim payment, and when?

A claimant applies against one or more defendants, by summons supported by an affidavit. Timing is controlled by the court’s case management, so the application usually forms part of your company’s Single Application Pending Trial (SAPT).

Under the Rules of Court 2021, each party files, as far as possible, one SAPT covering all interlocutory matters, and interim relief is on the list of matters it deals with (Order 9, Rule 9(4)). Only certain applications may be filed at any time without the court’s direction or approval, such as injunctions, summary judgment, default judgment and striking out the whole action (Order 9, Rule 9(7)). Interim payment is not on that list. So if your company needs to apply before the SAPT stage, or after the SAPTs have been dealt with, your solicitor must first ask the court for approval by letter, explaining why the application is needed at that point (Order 9, Rule 9(8)).

Raise the need early, at the case conference, so the registrar can give directions for it. Leave it too late and the door closes: no application may be taken out from 14 days before trial until the merits are decided, except in a special case with the trial judge’s approval (Order 9, Rule 9(10)). Actions begun by writ of summons before 1 April 2022 still run under the Rules of Court 2014, where the older Order 29 rules apply.

How does the court decide whether to order an interim payment, and how much?

The court weighs five factors in the round, with the strength of the case on liability as the most important. If it decides to order payment, it starts from the minimum sum the claimant is reasonably likely to recover and adjusts from there.

On amount, the court in Ng Zhi Liang drew on Court of Appeal decisions under the old rules, American International Assurance Co Ltd v Wong Cherng Yaw [2009] 3 SLR(R) 1117 and Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd [2010] 2 SLR 986: the court looks for the irreducible minimum the claimant is reasonably certain to recover, and complex issues elsewhere in the claim do not prevent an order for that minimum.

What happened in the decided cases?

In Ng Zhi Liang, a consent interlocutory judgment had fixed the defendant’s liability at 90%, with damages to be assessed. The claimant sought S$100,000 on a claim of S$614,285.03. The registrar put the minimum recoverable sum at S$122,116.53, accepting documented expenses but not an unsupported loss of income claim, and ordered S$100,000 paid within 21 days.

The company case of HRA Corp (SG) Pte Ltd v Cheng Mun Yip Marcus [2018] SGHCR 7 (unreported), decided under the old rules, shows the other side. A company sought interim payment of money it had put into a share investment. The application was dismissed: liability was not established, the defendant had counterclaims, factual disputes needed a trial, the company showed no hardship, and an interim injunction already protected it. A strong commercial claim alone is not enough; the evidence must show a minimum sum very likely to be owed.

What is the step-by-step process for an interim payment application?

Your solicitor files a summons and supporting affidavit, usually within the SAPT, and the court decides after reply evidence and a hearing. Court proceedings are conducted by a Singapore Advocate and Solicitor acting for your company.

1. Assess the case with your solicitor: which part of the claim is admitted, already decided or very hard to dispute, and what minimum sum the evidence supports.
2. Gather the financial evidence of why the company needs payment now, such as cash-flow schedules, overdue payables and the cost of funding the work in dispute.
3. Check the defendant’s ability to pay: insurance, assets, and any signs of financial difficulty.
4. Raise the intended application at the case conference, or seek the court’s approval by letter if it falls outside the SAPT timetable.
5. File the summons with an affidavit covering every matter in Order 13, Rule 8(3), sworn by a director or officer with personal knowledge.
6. Serve the sealed summons and affidavit on the defendant, which may file evidence in reply raising set-off, counterclaims or inability to pay.
7. Attend the hearing through your solicitor; the court decides whether to order payment, how much and by when.
8. If either side is dissatisfied with a registrar’s decision, an appeal must be filed within 14 days after the decision.

What documents will the law firm need from your company?

The affidavit must prove the claim, the strength of the case on at least part of it, and the company’s need. Thin evidence on any of these is the most common reason applications fail.

How long does an interim payment application take, and what does it cost?

Timing depends on the court’s directions, the reply evidence and hearing dates. Court filing fees are modest; solicitors’ fees for the affidavit and hearing are the main cost.

Assumptions: proceedings under the Rules of Court 2021; Service Bureau charges are extra; fees are as published by the Singapore Courts guide to interlocutory applications. Ask your solicitor for a written estimate for the application itself.

What does the company secretary prepare, and what does the solicitor file?

The company secretary or corporate service provider (CSP) keeps the authorisations, records and accounts in order; a Singapore Advocate and Solicitor advises, drafts and files the application and appears at the hearing.

Raffles Corporate Services does not give legal advice or act in court; a law firm from our panel handles the proceedings. An interim payment order is not lodged with ACRA. What changes is the company’s books: because the court can order repayment under Order 13, Rule 8(9) if the final award is lower, ask your accountant how to record the receipt until judgment, rather than treating it as settled income. If your company is the defendant, the same factors work in reverse: a documented set-off or counterclaim and evidence on ability to pay are central to resisting an order. Our free compliance tools help keep court dates alongside ACRA and IRAS deadlines.

What are the common mistakes companies make?

Most failed applications ask for too much on too little evidence, or come too late to make a difference.

• Claiming the full amount instead of the minimum sum the evidence clearly supports.
• Relying on figures without receipts or accounts, as with the pre-trial loss of income rejected in Ng Zhi Liang.
• Ignoring the defendant’s counterclaim or set-off, which the court must take into account.
• Pursuing a defendant that cannot pay, instead of first considering its assets or insurance.
• Filing outside the SAPT without the court’s approval, or leaving the application until the last weeks before trial.

If the debtor has simply stopped responding, our guide to recovering unpaid debts from another Singapore company sets out the other routes. If your company’s claim is already in court and cash flow is tight, speak to a lawyer about whether an interim payment is realistic.

Frequently asked questions

Is an interim payment the same as summary judgment?

No. Summary judgment ends the claim, or part of it, because there is no real defence. An interim payment is an advance on account; the claim continues to trial or assessment and the payment is credited against the final award.

Can the court order an interim payment if the defendant has not admitted liability?

Yes. The claimant must then explain why it has a strong case. The court has said it should be slow to order payment unless liability for a substantial sum is likely on a balance of probabilities.

What happens if the final judgment is lower than the interim payment?

The court can order the claimant to repay all or part of the interim payment (Order 13, Rule 8(9)). A company should not spend the money as if the case were won.

Can an interim payment cover our legal costs?

No. Interim payments exclude costs of the action. Costs are decided separately; see our guide to party and party costs.

Last reviewed: 9 November 2026. The Editorial Team, Raffles Corporate Services.