Types of Injunctions in Singapore

Last updated on April 4, 2022

An injunction is a court-ordered remedy awarded to a claimant (previously also known as the “plaintiff”) to restrain a defendant from doing an act. Injunctions are usually awarded where damages (or monetary recompense) would be inadequate to compensate the claimant. For instance, where construction works in a neighbouring property damages an estate, the owner of the estate may wish to apply to the court for an injunction to stop the continuation of the construction.

How to Obtain an Injunction in Singapore

Where the matter is urgent, it may be possible to obtain an interim injunction within days. For matters requiring great exigency, the court can even hear the application on weekends and public holidays. Giving notice to the other party is generally necessary in an interim injunction application. In some cases, it may not be appropriate to do so (i.e. where time is of the essence, or where alerting the other party would defeat the purpose of the application). If so, an application may be made without giving notice, also known as ex parte.

In contrast to an interim injunction application which is temporary in nature, the court can also grant a final injunction after holding a trial.

Because of the need to comply with the court rules and procedures, a lawyer should be engaged to act for the applicant of an injunction.

Discharge or Variation of the Injunction

The defendant may of course apply to the court to discharge or vary an injunction granted against him.

Breach of an Injunction

Where the court orders an injunction to restrain a defendant and the defendant wilfully breaches the terms of this injunction, he is liable for contempt of court. If a third party assists the defendant to breach the injunction, he may also be held to be in contempt of court.

Types of Injunctions

Injunctions come in different varieties. The rest of this article provides a brief overview of the different types of injunctions that may be granted by the courts of Singapore.

Final or perpetual injunction

Where the court awards an injunction based on the final determination of a dispute, such an injunction is known as a final or perpetual injunction. A final determination can result from a trial, a summary judgment, or a default judgment.

Interim or interlocutory injunction

An interim or interlocutory injunction is an injunction pending the outcome of a trial or arbitration or any other final determination of a matter. An interim injunction is frequently sought for in matters of great urgency, where the applicant must restrain the defendant even before the dispute is formally resolved by the court or suffer great irreparable losses.

In determining whether an interim injunction ought to be granted, the court must first be persuaded that there is a serious question to be tried (that the claim is not frivolous and vexatious, such that there is some prospect of it succeeding at trial) and that the balance of convenience lies in favour of granting the interim injunction.

Typically, the claimant must prove that his losses would not be adequately compensated by monetary damages if the injunction is not granted but this must be weighed against the inconvenience caused to the defendant. The court may grant the relief subject to an undertaking by the claimant that he would compensate the defendant if the matter was held at trial that the claimant is not entitled to restrain the defendant from doing what he was threatening to do.

Prohibitory injunction

A prohibitory injunction is a court order restraining a party from doing or continuing to do a wrongful act.

Mandatory injunction

A mandatory injunction is a court order compelling a party to perform a positive act. A mandatory injunction may have a similar effect with an order for specific performance.

Mareva injunction

A Mareva injunction freezes the assets of the defendant, preventing the defendant from dissipating his assets in a way that frustrates a judgment. This is to avoid a situation where a crafty defendant, anticipating his eventual loss of a lawsuit, moves his assets out of his bank account and hides these assets so that the successful claimant is left with a court award but no assets to enforce against.

A Mareva injunction is typically interim in nature before a final determination is made, but it can also be awarded after such a determination and before the claimant successfully enforces his award. It is named after the English case of Mareva Compania Naviera SA v International Bulkcarriers SA.

The Mareva injunction can be domestic or worldwide in nature. A worldwide Mareva injunction freezes the assets of the defendant internationally. To obtain a Mareva injunction, the claimant must show that he has a good arguable case against the defendant, and that there is a real risk of dissipation of assets which would render judgment obtained in the proceedings nugatory.

Quia timet injunction

A quia timet injunction is a court order to restrain a party in anticipation that this party is about or is likely to carry out a wrongful act. The court will require proof of actual damage or imminent danger which is not speculative before granting a quia timet injunction.

Anton Piller order (Search order)

An Anton Piller order (also known as a search order) is a court order requiring a party to permit another to enter the former’s premises or property to conduct a search for the preservation or seizure of property or evidence relevant to a dispute. The underlying purpose of such an order is to negate the danger that vital evidence will be destroyed.

The Anton Piller order is named as such after the English case of Anton Piller KG v Manufacturing Processes Ltd. To obtain such an order, the claimant must show that he has a very strong case, that the damage suffered by the claimant would have been very serious, that there was a real possibility that the defendant would destroy the relevant evidence, and that the effect of the order would not be disproportionate to its objective.

Before Making a Claim
  1. Drafting an Enforceable Settlement Agreement in Singapore
  2. Should I Make A Police Report or Should I Sue?
  3. Differences between Criminal Law and Civil Law
  4. Should You Sue? 8 Things to Think About Before Suing
  5. How to Write a Cease and Desist Letter in Singapore
  6. Limitation Periods: What's the Deadline for Suing in Singapore?
  7. What to Do If Someone Sues Your Singapore Business
  8. Arbitration and Mediation: When They Can be Useful for Business Disputes
  9. Can I Sue a Foreigner or Foreign Company in Singapore?
  10. Mediation in Singapore
  11. Arbitration: When and How to Arbitrate Business Disputes in Singapore
  12. Third-Party Funding for Litigation in Singapore
  13. Using Neutral Evaluation to Resolve Civil Disputes in Singapore
Making a Claim - The Beginning of a Dispute
  1. What is a Breach of Confidence and How to Prove It
  2. Victim of a Wire Fraud? Here’s What You Can Do
  3. How to File an Originating Claim in a Singapore Lawsuit
  4. How to Bring a Class-Action Lawsuit in Singapore
  5. Letters of Demand and Their Usages in Singapore
  6. Law on Writ of Summons in Singapore
  7. Received a "Without Prejudice" Letter? Here’s What It Means
  8. What if I Cannot Find the Party I Want to Sue?
  9. Filing a Claim with the Small Claims Tribunals in Singapore
  10. First Meeting With Your Business Dispute Lawyer: What to Expect
  11. Negotiating a Settlement in a Business Dispute
  12. Security of Payment Act: Claiming Progress Payments for Construction Work Done
  13. Engaging a Queen’s Counsel or King's Counsel in Singapore
The Litigation Process
  1. Can You Withdraw Your Court Case in Singapore?
  2. Wasting the Court’s Time and Resources: Legal Consequences
  3. Natural Justice Explained: Your Right to a Fair & Unbiased Hearing
  4. Civil Litigation: How to Sue in Singapore (Step-by-Step Guide)
  5. Originating Application: What It Is and How to File in Singapore
  6. Notice of Intention to Contest or Not Contest: What is It?
  7. Affidavits in Singapore: What Are They & How to Prepare One
  8. Default Judgments and Summary Judgments in Singapore
Matters relating to Witnesses and Evidence
  1. Can My Minor Child be Subpoenaed to be a Court Witness?
  2. Giving Evidence via Video Link in a Singapore Lawsuit
  3. Prima Facie: What Does It Mean and How to Establish
  4. Hearsay Evidence: Admissibility and Objection of It in Singapore
  5. Admissibility of Evidence in the Singapore Courts
  6. Subpoenaed to be a Court Witness in Singapore: What You Need to Do
  7. Who is an Expert Witness and How to Use Expert Evidence in Singapore
  8. Destroying and Tampering With Evidence in Singapore
  9. A Guide to Legal DNA Testing in Singapore
Remedies Available for Civil Litigation
  1. Types of Injunctions in Singapore
  2. Specific Performance: Obtaining this Equitable Remedy in Singapore
  3. Judicial Review in Singapore: What is It and How to Apply
After the Lawsuit
  1. After the Lawsuit: Who Has to Pay Whom, and How Much?
  2. Enforcement of Court Judgments and Orders in Singapore
  3. How to Get an Order for Seizure and Sale to Enforce a Judgment