justice and fairness. In the circumstances, to accede to the plaintiff’s request in the present
proceedings would, in effect, be to commit two related errors simultaneously, ie, blatantly ignoring a
mandatory rule out of a misguided sense of sympathy.
116
I should add that adherence to the law is the essence of the rule of law, which centres on
objectivity as opposed to arbitrary subjective feelings (in this particular instance, of misguided
sympathy). And respect for the law is not merely a practical necessity; it is an ideal without which
arbitrariness will rear its ugly head. Merely dressing such arbitrariness up in various labels without
more is to be eschewed, for labels without substance constitute not only empty rhetoric but also
exceedingly dangerous things indeed – and all the more so when they have a superficial
attractiveness, and nothing more. The exercise, as well as the ideal, of freedom are legitimate and
real only when they are effected in accordance with the legal rules concerned. And it bears
emphasising once again that the legal rule that is the focus of the present proceedings is undergirded
by a clear rationale that constitutes its underlying spirit of justice and fairness. This meets – indeed
roundly refutes – the charge of technicality as well as legalism or positivism which was a major plank
in the plaintiff’s case in the present proceedings.
117
It is also axiomatic, commonsensical as well as just and fair that there cannot be a claim by a
party for the vindication of legal rights without that party simultaneously fulfilling his or her legal
responsibilities. In other words, one cannot claim one’s legal rights without fulfilling one’s legal
responsibilities. The rhetoric of rights is not a licence for the unilateral appropriation of advantages
without legitimate reciprocation; indeed, such conduct would be the very antithesis of the ideal
underlying the very concept of rights as legitimately conceived. As I have already mentioned, one of
the plaintiff’s legal responsibilities when she was making her application – and a mandatory one at
that – was to furnish the requisite security for costs stipulated under r 13. Indeed, there was an
additional grace period of three days as well. Notwithstanding this, she did not fulfil those
responsibilities and the defendant was therefore justified (under r 13(4)) in taking out the present
application.
118
Lest it be thought that such an approach is excessively harsh, even when taking into account
the underlying spirit of justice and fairness referred to above, I would only state that the Act and the
PER are themselves neutral in nature inasmuch as they could be relied upon by any party so long as
that party could bring himself or herself within the ambit and spirit of the rule(s) concerned. Indeed,
in so far as a breach of r 13 was concerned, had the shoe been on the other foot, so to speak, the
option would have lain with the present plaintiff to have made precisely the same application taken
out by the present defendant in the present proceedings. In other words, if the present plaintiff had
been the defendant instead, and a similar situation had arisen, it would have clearly been open to her
to apply under r 13(4) for the application against her to be dismissed. When posed with this
hypothetical situation, Mr Ravi really had no answer, save for a half-hearted response to the effect
that he would not have advocated such an application. But, surely, this is beside the point. As is
obvious from r 13(4) itself as well as the case law (see generally, and respectively, [77]–[80] and
[31]–[34] above), the option is of course with the defendant. But that does not – and cannot –
detract (in any way) from the fact that a breach of r 13 entitles the defendant concerned to take
out an application to dismiss the plaintiff’s application.
119
In the circumstances, I grant an order in terms of prayers (1) and (2) of the present
application. The costs of the present application, granted to the defendant under prayer (2), are to
be taxed. It follows that the plaintiff’s application in Originating Summons No 1017 of 2006 is also
dismissed with the costs of that application also to be taxed.
C opyright © Government of Singapore.
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