7. Can the court directly strike out an action or enter into default judgment, once the defaulting party fails to observe the requirement as prescribed by the unless order? Is there any restriction as to what consequence can an unless order impose?

7. Can the court directly strike out an action or enter into default judgment, once the defaulting party fails to observe the requirement as prescribed by the unless order? Is there any restriction as to what consequence can an unless order impose? 

Although there is no restriction on what sanction can be imposed by an unless order, it should be appropriate and proportionate in relation to the non-compliance (Order 32, rule 11B(3) of the Rules of the High Court (Cap. 4A) or Order 32, rule 16B(3) of the Rules of the District Court (Cap. 336H)). 

For example, the sanction for failure to file and serve a defence may be that the defendant is prevented from doing so at all, and judgment be entered against the defendant for default in pleadings. On the other hand, failing to file an affidavit/affirmation in opposition to an interlocutory application may only result in the respondent being prevented from doing so while the respondent may still oppose the application in the absence of evidence from his side. As such, the respondent could just rely solely on a point of law. 

An unless order is also capable of striking out an action totally or allowing judgment in default, by imposing these consequences mentioned as the automatic sanction. However, it is deemed a draconian measure. The court will generally place striking out as a remedy of last resort and is encouraged to consider other measures that may be more appropriate.