JUDGMENT

Su Tiang Joo JC:

[1] Query: Whether the Magistrates' Court has the power to grant declarations when the Subordinate Courts Act 1948 (Revised 1972) expressly omits it but the Rules of 2012 allows it.

Introduction

[2] The appellant is a club formed with the principal object of inter alia promoting, organising and encouraging polo and equine sports and the respondent is an ordinary member of this club.

[3] Arising from a fall from the horse she was riding, the respondent sued the appellant for damages for the injuries suffered by her.

[4] The appellant relied on cl 22 of its Constitution and a Certificate of Exclusion of Liability where the respondent had agreed that the appellant shall not be liable whilst the respondent is on its premises whether riding or not.

[5] After a trial, the Magistrates' Court made an Order that the said cl 22 and Certificate of Exclusion of Liability is a nullity, found the appellant to be vicariously liable for negligence and awarded damages to the respondent with costs.

[6] The appellant appealed to the High Court which found inter alia that the Magistrates' Court has no power to declare cl 22 of the appellant's Constitution and the Certificate of Exc