6. If I want to apply for an extension of time before the trial begins, will the court impose any order or sanctions on me?

6. If I want to apply for an extension of time before the trial begins, will the court impose any order or sanctions on me? 

The court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required to do any act in any proceedings (Order 3, rule 5 of the Rules of the High Court (Cap. 4A) (“RHC”) or the Rules of the District Court (Cap. 336H)) (“RDC”). However, the court must consider all the circumstances and decide whether the case requires the exercise of the discretion to extend time. 

Whether your application for a time extension will be subject to an order depends on when you make the application. Pursuant to Order 32, rule 11B of the RHC or Order 32, rule 16B of the RDC), when the court makes an order on an interlocutory application: 

• before a case management summons (“CMS”) is taken out, it may specify the consequence of failing to comply (Order 32, rule 11B(1) of the RHC or Order 32, rule 16B(1) of the RDC); or  
• after a CMS has been dealt with, it shall, unless there are special circumstances, specify the consequence of failing to comply with the Order (Order 32, rule 11B(2) of the RHC or Order 32, rule 16B(2) of the RDC). 

An application for time extension is an interlocutory application. Therefore, for an application taken before the case management summons, the court will not make an unless order easily unless a history of non-compliance with court orders can be demonstrated. However, if there is an earlier extension of time granted by agreement of the parties under Order 3, rule 5(3) of the RHC or RDC, failure to comply with the extended deadline may also demonstrate a history of failure to comply. 

If such application is taken out after the CMS has been dealt with, for example, at the case management conference (“CMC”), the court will not grant further extension of time for compliance unless sufficient grounds are given, and the court is required to specify the consequences of failure to comply with the order unless there exist “special circumstances which render it inexpedient to do so”.  

In other words, the court is likely to grant an extension subject to an “unless order” to specify the sanction imposed that will automatically take effect should there be a failure to comply within the time specified in the order. This is because the court would expect the parties to comply with the timetable it has laid down. 

Any such consequence specified must be guided by what is “appropriate and proportionate” in relation to the non-compliance. 

For more information about unless orders, please refer to “If the opposing party does not observe the case management timetables and dates fixed by the court, or does not attend the case management conference, are there any sanctions against them?”.