Division 2 — Civil jurisdiction
Civil jurisdiction
35.—(1)  This Division applies to the Appellate Division in the exercise of its civil jurisdiction.
(2)  The civil jurisdiction of the Appellate Division consists of the following matters, subject to the provisions of this Act or any written law regulating the terms and conditions upon which those matters may be brought:
(a)any appeal against any decision made by the General Division in any civil cause or matter in the exercise of its original or appellate civil jurisdiction;
(b)any appeal or other process that any written law provides is to lie, or that is transferred in accordance with any written law, to the Appellate Division.
[Act 40 of 2019 wef 02/01/2021]
Composition — further provisions
36.—(1)  Despite section 32(1), a case before the Appellate Division may, if the Seventh Schedule so provides, be heard and decided by —
(a)either a single Judge or 2 Judges; or
(b)2 Judges.
(2)  A Judge must not sit in the Appellate Division to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 40(1).
(3)  Where the Appellate Division is constituted by 3 or more Judges to hear and decide a case and one or more of those Judges are unable for any reason to continue exercising his functions as a Judge of the Appellate Division so constituted —
(a)the Appellate Division must continue to hear and decide the case if every party to the case consents and there are at least 2 Judges remaining; and
(b)the case must be reheard if it cannot continue under paragraph (a).
[Act 40 of 2019 wef 02/01/2021]
Oral hearing not needed for certain matters
37.—(1)  The Appellate Division may decide the following cases without hearing oral arguments:
(a)any application to the Appellate Division, whether under this Act or any other written law;
(b)any appeal to the Appellate Division specified in paragraph 1 of the Eighth Schedule.
(2)  To avoid doubt, subsection (1) does not affect the power of the Appellate Division to decide the cases mentioned in that subsection after hearing oral arguments.
[Act 40 of 2019 wef 02/01/2021]
Summary dismissal of certain matters
38.—(1)  The Appellate Division may summarily dismiss any appeal or application on its own motion if the Appellate Division is satisfied of any of the following:
(a)the Appellate Division does not have the jurisdiction to hear and determine the appeal or application;
(b)the Appellate Division or the Court of Appeal has already decided every issue in the appeal or application in an earlier matter in which the appellant or applicant was involved, and the appeal or application therefore has no merit;
(c)such conditions as may be prescribed by the Rules of Court are met.
(2)  Before summarily dismissing any appeal or application under subsection (1), the Appellate Division must —
(a)give the appellant or applicant a reasonable opportunity to show cause why the appeal or application should not be summarily dismissed; and
(b)consider any representations made by the appellant or applicant.
(3)  The Appellate Division may exercise its powers under this section without hearing oral arguments.
(4)  In this section, “appeal” includes part of an appeal and “application” includes part of an application.
[Act 40 of 2019 wef 02/01/2021]
Applications
39.  Where an application may be made either to the General Division or to the Appellate Division, it must first be made to the General Division.
[Act 40 of 2019 wef 02/01/2021]
Incidental directions and interim orders
40.—(1)  The Appellate Division may make one or more of the following directions and orders in any appeal or application pending before it (called in this section the pending matter):
(a)any direction or order incidental to the pending matter not involving the decision of the pending matter;
(b)any interim order to prevent prejudice to the claims of the parties pending the determination of the pending matter;
(c)any order for security for costs, and for the dismissal of the pending matter for default in furnishing security so ordered.
(2)  A direction or an order under subsection (1) may be made by the Appellate Division on its own motion or on the application of a party.
(3)  A direction or an order under subsection (1) may be made by 2 Judges.
(4)  A direction or an order under subsection (1) may also be made by a single Judge, in which case the following provisions apply:
(a)the direction or order may be varied or discharged by 2 other Judges; but
(b)an application to vary or discharge the direction or order may only be made with the leave of the single Judge or any other Judge, and a decision by any Judge to give or refuse leave is final.
(5)  Subsections (3) and (4) apply despite section 32(1).
[Act 40 of 2019 wef 02/01/2021]
Hearing of appeals
41.—(1)  Appeals to the Appellate Division are to be by way of rehearing.
(2)  In hearing and deciding an appeal, the Appellate Division has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought.
(3)  The Appellate Division may receive further evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or a commissioner.
(4)  Except as provided in subsection (5), such further evidence may be given to the Appellate Division only with the leave of the Appellate Division and on special grounds.
(5)  Such further evidence may be given to the Appellate Division without leave if the evidence relates to matters occurring after the date of the decision appealed against.
(6)  The Appellate Division may draw any inference of fact, give any judgment and make any order.
(7)  The powers in this section —
(a)may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and
(b)may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision.
[Act 40 of 2019 wef 02/01/2021]
Costs of appeal
42.  The Appellate Division may make any order as to the costs of an appeal or of the proceedings relating to the decision appealed against.
[Act 40 of 2019 wef 02/01/2021]
New trial
43.—(1)  Subject to this Act, the Appellate Division may order a new trial of any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division.
(2)  A new trial must not be ordered on the ground of an improper admission or rejection of evidence, unless the improper admission or rejection has caused a substantial wrong or a miscarriage of justice.
(3)  If the substantial wrong or miscarriage of justice mentioned in subsection (2) affects only part of a case, or only one or some of the parties to the case, the Appellate Division may —
(a)give final judgment in respect of the unaffected part of the case or the unaffected parties to the case; and
(b)direct a new trial in respect of the affected part of the case or the affected parties to the case.
(4)  A new trial may be ordered on any question without interfering with the finding or decision of the General Division on any other question.
[Act 40 of 2019 wef 02/01/2021]
Immaterial errors
44.  The Appellate Division may not reverse or substantially vary a decision of the General Division, or order a new trial, on account of any error, defect or irregularity that does not affect the merits of the decision or the jurisdiction of the General Division.
[Act 40 of 2019 wef 02/01/2021]
Appeal not to operate as stay of execution
45.—(1)  An appeal to the Appellate Division does not operate as a stay of execution or of proceedings under the decision appealed against, unless the General Division or the Appellate Division so orders.
(2)  No intermediate act or proceeding is to be invalidated except so far as the Appellate Division directs.
[Act 40 of 2019 wef 02/01/2021]