Appeals from a decision of the General Division of the High Court to the Appellate Division of the High Court / Court of Appeal

Appeals from the General Division of the High Court ("General Division")

The Supreme Court of Judicature Act (Cap 322, 2007 Red Ed) (“SCJA”) sets out matters which are non-appealable or appealable with the leave of the appellate court. Subject to the provisions of the SCJA, any party who is not satisfied with a decision made by the General Division in a civil matter may appeal to the Appellate Division or to the Court of Appeal to set aside or vary the decision.

Civil appeals arising from decisions of the General Division are allocated between the Court of Appeal and the Appellate Division in accordance with the SCJA, and the Sixth Schedule to the SCJA in particular. The Court of Appeal hears prescribed categories of civil appeals which are set out in the Sixth Schedule to the SCJA and appeals that are to be made to the Court of Appeal under written law. The Appellate Division hears all civil appeals against any decision made by the General Division that are not allocated to the Court of Appeal, and appeals that are to be made to the Appellate Division under any written law. Leave of the Court of Appeal is required before a party can appeal from a decision of the Appellate Division.

Appeals to the Appellate Division of the High Court ("Appellate Division") and the Court of Appeal (Orders 56A and 57 of the Rules of Court respectively)

A Notice of Appeal in Form 112 has to be filed within 1 month after the date of the judgment or order appealed against. At the time of filing of the Notice of Appeal, the appellant has to provide security for the respondent’s costs of the appeal. The security to be provided is S$15,000.00 for appeals against interlocutory orders and S$20,000.00 for all other appeals. The security may be provided by depositing the sum in the Supreme Court Registry or with the Accountant-General or by way of an undertaking by the appellant’s solicitor.

Appeals against Interlocutory Orders

Further Arguments

Any party who is not satisfied with a decision made by a Judge in the exercise of the original or appellate civil jurisdiction of the General Division, after any hearing other than a trial of an action, may request for further arguments in accordance with s 29B of the SCJA. The Judge who made the decision may also request that parties make further arguments. Any request for further arguments must be made before the earlier of (a) the time on which the judgment or order relating to the decision is extracted; or (b) the 15th day after the date on which the decision is made.

Unless the Registrar informs the party making a request for further arguments, within 14 days of receipt of such a request, that the Judge requires further arguments, the Judge shall be deemed to have certified that he requires no further arguments.

After hearing further arguments, the Judge may affirm, vary or set aside the decision. If (a) after further arguments, the party remains dissatisfied with the decision of the Judge, or (b) if the Judge certifies or is deemed to have certified that no further arguments are required, the party may, subject to the provisions of the SCJA, file an appeal to the Appellate Division or the Court of Appeal (as the case may be).
 

Leave to Appeal

Decision issued by the General Division on or after 2 January 2021

Where leave is required to appeal against a decision of the General Division, the application for leave to appeal is to be made to the relevant appellate court (ie, the Appellate Division or the Court of Appeal, as the case may be).

The time within which an application for leave to appeal against a decision of the General Division must be made depends on whether the decision of the General Division is one for which further arguments may be heard under s 29B of the SCJA. More details can be found in s 29B of the SCJA as well as Order 56A rule 3 and Order 57 rule 2A of the Rules of Court. If the decision of the General Division is one for which further arguments may be heard under s 29B of the SCJA, the application for leave to appeal must be made within 7 days after:

(a)        the date the Judge affirms, varies, or sets aside the decision after hearing further arguments;

(b)       the date the Judge certifies, or is deemed to have certified, that no further arguments are required; or

(c)        in any other case, the earlier of (i) the time on which the judgment or order relating to the decision is extracted; or (ii) the 15th day after the date on which the decision is made.

If leave is being sought to appeal against a decision of the General Division and if s 29B of the SCJA does not apply to that decision of the General Division, the application for leave to appeal must be made to the relevant appellate court within 7 days after the date of the decision of the General Division.

Decision of the Appellate Division

If leave is being sought to appeal against a decision of the Appellate Division, the application for leave to appeal must be made to the Court of Appeal within 7 days after the date of the decision of the Appellate Division.

Leave granted by the appellate court

If leave to appeal is granted by the appellate court, the Notice of Appeal is to be filed within 1 month after the date on which leave was granted. The decision of the appellate court refusing leave to appeal is final.

 

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