The court has discretion to strike out claims for non-compliance with pre-trial directions under Order 34 r 2(3) of the Rules of 2012, even in the absence of an unless order, balancing procedural discipline with the merits of the case.

Choong Yeow Choy JC:

Introduction

[1] Traditionally, courts have been passive participants in the pre-trial phase of the civil litigation process, only becoming actively involved when trial commences. At the pre-trial stage, courts remain largely inactive unless an interlocutory application is filed to address a specific issue. The management of proceedings has historically rested largely with the parties involved in the dispute. However, the advent of modern case management practices has introduced a more proactive approach, with courts now striving to ensure the efficient administration of justice. This proactive role becomes particularly significant when parties fail to comply with pre-trial case management directions.

[2] In the current case, this Court faced such a situation. In resolving the present application by the Defendant to strike out the Plaintiff's claim for flouting pre-trial case management directions issued by this Court , this Court had to carefully consider several key factors, including the need to enforce procedural discipline, the importance of addressing the substantive merits of the case, and the appropriate exercise of judicial discretion.

The Principal Issues

[3] In summary, there were two principal issues before the Court .

[4] The first was whether this Court was empowered to strike out the Plaintiff's claim pursuant to O 34 r 2(3) of the Rules of 2012 despite the absence of an unless order.

[5] If the answer to the above were in the affirmative, the ensuing issue was whether this was an appropriate case for this Court to exercise its discretion under O 34 r 2(3) of the Rules of 2012 to strike out the Plaintiff's claim or alternatively to allow an adjournment sought by the Plaintiff.

The Pertinent Background Facts

[6] At the first pre-trial case management on 31 May, 2023, this Court had directed parties to file the following documents by 30 June, 2023:

(a) Bundle of Pleadings;

(b) Statements of the Agreed Facts;

(c) Summary of the Plaintiff's and the Defendants' Respective Cases;

(d) Issues to be tried;

(e) Common Bundle of Documents; and

(f) The Plaintiff's and Defendants' Lists of Witnesses.

[7] The Plaintiff did not file any of the documents by the said date (Plaintiff's first non-conformity of pre-trial case management directions); whereas the Defendants had filed their Case Summary and List of Witnesses on 30 June 2023.

[8] At the following pre-trial case management on 3 July, 2023, the Plaintiff sought additional time to file the Common Bundle of Documents. The Court then directed parties to comply with its directions and to file the pre-trial case management documents before the next pre-trial case management on 28 July 2023.

[9] The Plaintiff had filed the Bundle of Pleadings, the Statements of Agreed Facts, the Issues to be Tried, his Case Summary and the Common Bundle of Documents on 21 July 2023. On 25 July 2023, the Plaintiff further filed his List of Witnesses.

[10] Moving forward to the pre-trial case management on 28 July, 2023, the Court directed parties to file their Witness Statements by 5 July, 2024, that is, one month before the trial date (trial dates were fixed to take place from 5 to 8 August, 2024).

[11] Both the Plaintiff and the Defendants failed to file their Witness Statements as directed by this Court (Plaintiff's second non-conformity of pre-trial case management directions; Defendants' first non-conformity of pre-trial case management directions).

[12] It was only on 1 August, 2024 that the Plaintiff filed and served 3 of his Witness Statements and 15 Additional Documents.

[13] Although the Defendants had also filed and served their Witness Statements, they only did so on 5 August, 2024.

[14] As a result of the above, the Defendants raised an objection against the Plaintiff's act of non-conforming with the Court 's pre-trial case management directions relating to the filing of Witness Statements on the first day of trial, that is, on 5 August, 2024. The Def