Supreme Court of Judicature Act 1969 - Singapore Statutes Online

FIFTH SCHEDULE

Sections 29A(1)(b) and (c)
and (2)(b) and 83(1)

Decisions of General Division that are
appealable only with permission,
and certain exceptions

Definition

1. In this Schedule, “appellate court”, in relation to an appeal against a decision of the General Division, means the court to which the appeal is to be made under section 29C.

Cases not exceeding $250,000

2.—(1) Subject to sub-paragraph (2) and paragraph 4(2), the permission of the appellate court is required to appeal against a decision of the General Division in a case mentioned in section 29A(1)(b).

[Act 25 of 2021 wef 01/04/2022]

(2) Despite section 29A(1)(b), permission is not required to appeal against the following decisions of the General Division:

(a)	any decision of the General Division made in the exercise of its original jurisdiction under any written law which requires that case to be decided by the General Division in the exercise of its original jurisdiction;
(b)	any decision of the Family Division of the High Court made in the exercise of its original jurisdiction. [Act 25 of 2021 wef 01/04/2022]

Interlocutory decisions, etc.

3. Subject to paragraph 4(2), the permission of the appellate court is required to appeal against a decision of the General Division in any of the following cases:

(a)

where a Judge makes an order giving unconditional permission to defend any proceedings;

[Act 25 of 2021 wef 01/04/2022]

(b)

where a Judge makes an order giving permission to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party;

[Act 25 of 2021 wef 01/04/2022]

(c)

where a Judge makes an order setting aside unconditionally a default judgment, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise);

(d)

where a Judge makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party;

(e)

where a Judge makes an order refusing to strike out —

(i)	an action or a matter commenced by an originating claim or by any other originating process; or [Act 25 of 2021 wef 01/04/2022]
(ii)	a pleading or a part of a pleading;

(f)

where the only issue in the appeal relates to costs or fees for hearing dates;

(g)

where a Judge sitting in chambers makes a decision in a summary way on an interpleader summons where the facts are not in dispute;

(h)

where a Judge makes an order refusing permission to amend a pleading, except if —

(i)	the application for permission is made after the expiry of any relevant period of limitation current at the date of issue of the originating claim; and [Act 25 of 2021 wef 01/04/2022]
(ii)	the amendment is an amendment to correct the name of a party or to alter the capacity in which a party sues, or the effect of the amendment will be to add or substitute a new cause of action; [Act 25 of 2021 wef 01/04/2022]

(i)

where a Judge makes an order giving security for costs;

(j)

where a Judge makes an order giving or refusing discovery or inspection of documents;

(k)

where a Judge makes an order refusing a stay of proceedings;

(l)

where a Judge makes an order at the hearing of any interlocutory application other than an application for any of the following matters:

(i)	for summary judgment;
(ii)	to set aside a default judgment;
(iii)	to strike out an action or a matter commenced by an originating claim or by any other originating process, a pleading or a part of a pleading; [Act 25 of 2021 wef 01/04/2022]
(iv)	to dismiss an action or a matter commenced by an originating claim or by any other originating process; [Act 25 of 2021 wef 01/04/2022]
(v)	for further and better particulars;
(vi)	for permission to amend a pleading; [Act 25 of 2021 wef 01/04/2022]
(vii)	for security for costs;
(viii)	for discovery or inspection of documents;
(ix)	for interrogatories to be varied or withdrawn, or for permission to serve interrogatories; [Act 25 of 2021 wef 01/04/2022]
(x)	for a stay of proceedings;

(m)

where a Judge at the hearing of an appeal under section 17, 29, 35 or 44 of the Protection from Online Falsehoods and Manipulation Act 2019 refuses to set aside the Part 3 Direction, Part 4 Direction, Declaration or Account Restriction Direction (as the case may be) against which the appeal was brought.

[Act 25 of 2021 wef 01/04/2022]

Appellate decisions of Family Division

4.—(1) The permission of the appellate court is required to appeal against a decision of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction mentioned in section 23 of the Family Justice Act 2014.

[Act 25 of 2021 wef 01/04/2022]

(2) Section 29A(1)(b), and section 29A(1)(c) read with paragraph 3, do not apply to an appeal against a decision of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction mentioned in section 23 of the Family Justice Act 2014.

Signed agreement in writing that decision is final, where appellant makes certain allegations

5.—(1) The permission of the appellate court is required to appeal against a decision of the General Division (including the Family Division of the High Court), where —

(a)

the parties have agreed in writing signed by or on behalf of each party that the decision is final; and

(b)

the party seeking to appeal alleges that —

(i)	the decision is affected by fraud or illegality; or
(ii)	there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.

(2) An agreement mentioned in sub-paragraph (1) —

(a)	may be made before or after the decision to which the agreement relates is made; and
(b)	may relate to part of a decision, in which case references in sub-paragraph (1) to a decision are to be read as references to that part of the decision. [Act 25 of 2021 wef 01/04/2022] [40/2019]

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