Appeals from a High Court decision to the Court of Appeal

Appeals from the High Court to the Court of Appeal (Order 57 of the Rules of Court)

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

A Notice of Appeal in Form 112 has to be filed within 1 month from 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 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 of the High Court in chambers in a civil matter may file a Request for Further Arguments either before the order of court is extracted, or within 14 days of the delivery of that decision, whichever is earlier.

If there is no response to the Request for Further Arguments, it is deemed that the Judge has certified that he requires no further arguments.

If the Judge decides that he wishes to hear further arguments, the party who filed the Request will be informed within 14 days of the Request that the Judge requires further arguments. Upon hearing further arguments, the Judge may affirm, vary or set aside the decision. If, after further arguments, the party remains dissatisfied with the decision of the Judge, he may, subject to the provisions of the SCJA, file an appeal to the Court of Appeal.

 

Leave to Appeal

If leave to appeal to the Court of Appeal is required, the application for leave to appeal is to be filed within 7 days of the date of the order or judgment. If leave to appeal is granted by the High Court, the Notice of Appeal is to be filed within 1 month from the date on which leave was granted.

If leave to appeal is refused by the High Court, the party seeking leave may apply to the Court of Appeal for leave to appeal within 7 days after the refusal of the High Court to grant leave. If the Court of Appeal grants leave to appeal to the Court of Appeal, the notice of appeal is to be filed within 1 month after such leave is given.

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