1. Parties are reminded to carefully review the transitional provisions
in the Supreme Court of Judicature Act (Act No. 40 of 2019) (the “ SCJ(A)A”) and the Rules of Court (Amendment No. 5)
Rules 2020 (the “ROC(A)R”) to determine the
legislation and rules governing their cases.
2. The transitional provisions in the SCJ(A)A are found in sections 31
and 32 of that Act. The transitional provisions in the ROC(A)R are
found in Rule 14 of those Rules.
3. Please take note of the following:
(a)
Where an appeal has been filed to the Court of Appeal before 2
January 2021
: Such appeals will be governed by the versions of the Supreme Court of
Judicature Act (“SCJA”) and the Rules of Court (“ ROC”) that were in force prior to 2 January 2021
(these versions will be referred to in this page as the “unamended SCJA” and the “ unamended ROC”). Effectively, this would mean that such appeals will remain in the Court
of Appeal and will not be transferred to the Appellate Division.
Further, the procedures for such appeals to the Court of Appeal, and
applications in such appeals, will be governed by the unamended ROC.
(b)
Where: (1) the High Court has issued its decision before 2 January
2021; (2) the matter is appealable and leave to appeal is not
required to appeal against the decision under the unamended SCJA;
and (3) no appeal has been brought to the Court of Appeal before 2
January 2021
: For such matters, any appeal is to
be made to the relevant appellate court, as determined by the Sixth
Schedule to the SCJA as amended by the SCJ(A)A (the “ amended SCJA”). The appeal and applications in the
appeal will be governed by the amended SCJA and the Rules of Court as
amended by the ROC(A)R (the “amended ROC”). [ii]
(c)
Where: (1) the High Court has issued its decision before 2 January
2021; (2) the matter is appealable with leave under the unamended
SCJA; and (3) no appeal has been brought to the Court of Appeal
before 2 January 2021
: The two-tier framework for leave applications under
the unamended SCJA will apply to the decision of the High Court. [iii] If leave to appeal is granted either by the High Court / General
Division or the Court of Appeal, then the appeal would go to the Court
of Appeal only and the unamended ROC will apply to the appeal and
applications in the appeal. [iv]
(d)
Where the General Division issued its decision on or after 2
January 2021
: The amended SCJA and the amended ROC apply.
Disclaimer: This information note serves as a general information
source only and nothing herein should be construed as any form of
professional advice. This information note is not exhaustive and
may not cover all information available on a particular issue.
Before relying on this information note, you should do your own
checks or obtain professional advice on your particular
circumstances.
[i] Section 31(3) of the SCJ(A)A and Rule 14(2) of the ROC(A)R.
[ii] Section 31(1) of the SCJ(A)A and Rule 14(1) of the ROC(A)R.
[iii] Section 31(4) of the SCJ(A)A. Order 56 Rule 3 of the amended ROC
sets out the procedures for the first tier application for leave to
appeal against a decision of the General Division and Rule 14(4) of
the ROC(A)A preserves the unamended ROC for the second tier
application for leave to appeal to the Court of Appeal.
[iv] Rule 14(3) of the ROC(A)R.