REPUBLIC OF SINGAPORE
GOVERNMENT GAZETTE
ACTS SUPPLEMENT
Published by Authority

NO. 42]Friday, December 13 [2019

The following Act was passed by Parliament on 5 November 2019 and assented to by the President on 5 December 2019:—
Supreme Court of Judicature (Amendment) Act 2019

(No. 40 of 2019)


I assent.

HALIMAH YACOB,
President.
5 December 2019.
An Act to amend the Supreme Court of Judicature Act (Chapter 322 of the 2007 Revised Edition) to provide for the renaming of the High Court as the General Division of the High Court, to provide for the jurisdiction and powers of the Appellate Division of the High Court, to make amendments to provisions relating to the Court of Appeal, to make amendments relating to requirements for leave to appeal against decisions of the General Division of the High Court and to make consequential and related amendments to certain other Acts.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act is the Supreme Court of Judicature (Amendment) Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette.
Amendment of long title
2.  The long title to the Supreme Court of Judicature Act (called in this Act the principal Act) is amended by deleting the words “relating to the constitution” and substituting the words “to provide for the jurisdiction”.
Amendment of section 2
3.  Section 2 of the principal Act is amended —
(a)by deleting the words “unless there is something repugnant in the subject matter or context” and substituting the words “unless the context otherwise requires”;
(b)by deleting the definition of “court” and substituting the following definitions:
“ “Appellate Division” means the Appellate Division of the High Court;
“court” means the General Division, the Appellate Division, or the Court of Appeal;”;
(c)by deleting the definitions of “Judge” and “Judge of Appeal” and substituting the following definitions:
“ “General Division” means the General Division of the High Court;
“Judge” means a Supreme Court Judge, a Judicial Commissioner, a Senior Judge or an International Judge, and —
(a)in relation to the General Division, means a Judge sitting in that Division in accordance with the Constitution and this Act;
(b)in relation to the Appellate Division, means a Judge sitting in that Division in accordance with the Constitution and this Act; and
(c)in relation to the Court of Appeal, means a Judge sitting in that Court in accordance with the Constitution and this Act;”; and
(d)by deleting the full‑stop at the end of the definition of “subordinate court” and substituting a semi‑colon, and by inserting immediately thereafter the following definition:
“ “Supreme Court Judge” means the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court.”.
Repeal and re‑enactment of sections 3 and 4
4.  Sections 3 and 4 of the principal Act are repealed and the following sections substituted therefor:
Superior courts
3.  It is declared that the General Division of the High Court, the Appellate Division of the High Court and the Court of Appeal are superior courts of record.
Precedence
4.  The Supreme Court Judges rank in the following order:
(a)the Chief Justice;
(b)the Vice‑Presidents of the Court of Appeal according to the order of their appointments;
(c)the Justices of the Court of Appeal (other than the Vice‑Presidents of the Court of Appeal) according to the order of their appointments;
(d)the President of the Appellate Division (if the Chief Justice is not the President of the Appellate Division);
(e)the Judges of the Appellate Division (other than the President of the Appellate Division) according to the order of their appointments;
(f)the Judges of the High Court according to the order of their appointments.”.
Repeal and re‑enactment of sections 5A and 6 and new section 7
5.  Sections 5A and 6 of the principal Act are repealed and the following sections substituted therefor:
International Judges
5A.  An International Judge may only sit in the Singapore International Commercial Court, in an appeal from a decision of that Court, and in an application relating to such an appeal.
Seal
6.  The Supreme Court is to have a seal or seals of such nature and pattern as the Chief Justice may, by notification in the Gazette, prescribe.
Vacations
7.  The Chief Justice may specify vacations of the Supreme Court, which must not exceed 2 months in any year.”.
Deletion and substitution of heading to Part III
6.  Part III of the principal Act is amended by deleting the Part heading and substituting the following Part heading:
GENERAL DIVISION
OF HIGH COURT”.
Repeal of section 9
7.  Section 9 of the principal Act is repealed.
Repeal of section 12
8.  Section 12 of the principal Act is repealed.
Amendment of section 21
9.  Section 21 of the principal Act is amended —
(a)by deleting subsection (1) and substituting the following subsection:
(1)  Subject to the provisions of this Act and any other written law, an appeal lies to the General Division from a decision of a District Court or Magistrate’s Court only with the leave of that District Court or Magistrate’s Court or the General Division in the following cases:
(a)any case where the amount in dispute, or the value of the subject matter, at the hearing before that District Court or Magistrate’s Court (excluding interest and costs) does not exceed $60,000 or such other amount as may be specified by an order made under subsection (3);
(b)any case specified in the Third Schedule.”;
(b)by deleting the words “Such appeals” in subsection (2) and substituting the words “An appeal to the General Division from a decision of a District Court or Magistrate’s Court”;
(c)by deleting the words “the Judges composing the High Court” in subsection (2) and substituting the words “those Judges”;
(d)by deleting the words “High Court” in subsection (2A) and substituting the words “General Division”;
(e)by deleting the words “subsection (1)(b)” in subsection (2A) and substituting the words “subsection (1)”; and
(f)by deleting subsection (2B).
Deletion of sub‑heading to Part III
10.  Part III of the principal Act is amended by deleting the sub‑heading “Further Arguments” immediately above section 28B.
Repeal of section 28B
11.  Section 28B of the principal Act is repealed.
New Divisions 7, 8 and 9 of Part III
12.  The principal Act is amended by inserting, immediately after section 28A, the following Divisions:
Division 7 — Matters that are non‑appealable or
appealable only with leave
No appeal in certain cases
29.  In the following cases, an appeal cannot be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction:
(a)a case where it is expressly provided by any written law that the decision of the General Division is final or that an appeal cannot be brought against the decision of the General Division;
(b)a case specified in the Fourth Schedule, subject to any exception specified in that Schedule.
Leave required to appeal in certain cases
29A.—(1)  In the following cases, leave is required before an appeal may be brought against a decision of the General Division made in the exercise of its original or appellate civil jurisdiction:
(a)a case where it is expressly provided by any written law that an appeal may be brought only with leave, or that no appeal may be brought except with leave;
(b)subject to any exception specified in the Fifth Schedule, where the amount in dispute, or the value of the subject matter, at the hearing before the General Division (excluding interest and costs) does not exceed $250,000 or such other sum as may be specified by an order made under subsection (3);
(c)subject to any exception specified in the Fifth Schedule, a case specified in paragraphs 3 and 4(1) of that Schedule.
(2)  For the purposes of subsection (1), leave must be obtained —
(a)in a case where any written law specifies the court from which leave must be obtained, or the court which may grant leave — from the specified court; and
(b)in any other case — from the court specified in the Fifth Schedule.
(3)  The President may, after consulting with the Chief Justice, by order in the Gazette, specify another sum in substitution of the sum mentioned in subsection (1)(b).
Division 8 — Further arguments
Further arguments before notice of appeal is filed
29B.—(1)  This section applies to 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.
(2)  Before any notice of appeal is filed against a decision to which this section applies, the Judge who made the decision may hear further arguments in respect of the decision if any party to the hearing, or the Judge, requests for further arguments before the earlier of the following:
(a)the time on which the judgment or order relating to the decision is extracted;
(b)the 15th day after the date on which the decision is made.
(3)  After hearing further arguments, the Judge may affirm, vary or set aside the decision.
(4)  If a request for further arguments has been made under subsection (2) —
(a)a notice of appeal may not be filed against the decision until the Judge —
(i)affirms, varies or sets aside the decision after hearing further arguments; or
(ii)certifies, or is deemed to have certified, that no further arguments are required; and
(b)the time for filing a notice of appeal in respect of the decision begins on the date the Judge —
(i)affirms, varies or sets aside the decision after hearing further arguments; or
(ii)certifies, or is deemed to have certified, that no further arguments are required.
(5)  To avoid doubt, a party to the hearing may, but is not required to, request for further arguments before the party files a notice of appeal in respect of the decision.
Division 9 — Allocation of appeals
Court to which appeal is to be made
29C.—(1)  Subject to subsection (2), an appeal against a decision of the General Division in the exercise of its original or appellate civil jurisdiction, whether under this Act or any other written law, is to be made to the Appellate Division.
(2)  An appeal against a decision of the General Division is to be made to the Court of Appeal if the Sixth Schedule or any other written law so provides.
(3)  To avoid doubt, this section does not create any right of appeal against a decision of the General Division.
Power to transfer appeal to Court of Appeal
29D.—(1)  The Court of Appeal may transfer the following appeals to itself:
(a)any appeal against any decision of the General Division that has been made to the Appellate Division;
(b)where an order under section 39A of the Land Acquisition Act (Cap. 152) is in force, any appeal made to the Appellate Division under section 29(2) or 38(2) of the Land Acquisition Act.
(2)  The power in subsection (1) may be exercised by the Court of Appeal —
(a)on its own motion;
(b)on a reference by the Appellate Division; or
(c)on an application to the Court of Appeal by any party to the appeal, but such an application may only be made —
(i)on the ground that the appeal was not made to the Appellate Division in accordance with section 29C; or
(ii)on grounds prescribed by the Rules of Court.
(3)  In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court.
(4)  To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)(a), (b) and (c).
(5)  To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Appellate Division in accordance with section 29C(1).
Power to transfer appeal to Appellate Division
29E.—(1)  The Court of Appeal may transfer the following appeals to the Appellate Division:
(a)any appeal against any decision made by the General Division in any civil cause or matter in the exercise of the original or appellate civil jurisdiction of the General Division that has been made to the Court of Appeal;
(b)any appeal made to the Court of Appeal under section 29(2) or 38(2) of the Land Acquisition Act.
(2)  The power in subsection (1) may be exercised by the Court of Appeal —
(a)on its own motion; or
(b)on an application by any party to the appeal, but such an application may only be made on the ground that the appeal was not made to the Court of Appeal in accordance with section 29C.
(3)  In deciding whether to exercise the power in subsection (1), the Court of Appeal is to have regard to matters prescribed by the Rules of Court.
(4)  To avoid doubt, Rules of Court made for the purpose of subsection (3) may prescribe different matters for the different circumstances mentioned in subsection (2)(a) and (b).
(5)  To avoid doubt, an appeal may be transferred under subsection (1) even if it was made to the Court of Appeal in accordance with section 29C(2).”.
Repeal of Parts IV and IVA and new Parts IV and V
13.  Parts IV and IVA of the principal Act are repealed and the following Parts substituted therefor:
PART IV
APPELLATE DIVISION OF HIGH COURT
Division 1 — General
President
30.—(1)  The Chief Justice may appoint a Judge of the Appellate Division to be the President of the Appellate Division.
(2)  If no appointment is made under subsection (1), the Chief Justice is the President of the Appellate Division.
(3)  In a sitting of the Appellate Division —
(a)the most senior Supreme Court Judge, as determined by section 4, is to preside; and
(b)if there is no Supreme Court Judge, the Chief Justice is to appoint a person to preside.
Jurisdiction — general
31.—(1)  The Appellate Division has the civil jurisdiction mentioned in section 35.
(2)  The Appellate Division has no criminal jurisdiction.
(3)  The Appellate Division has, in an appeal and for any purpose relating to an appeal, all the jurisdiction and powers of the court or tribunal from which the appeal was brought.
(4)  The Appellate Division may decide any question that needs to be decided to do justice in any case before it.
Composition — general
32.—(1)  Subject to this Act, the jurisdiction of the Appellate Division is to be exercised by 3 or any greater uneven number of Judges.
(2)  A Judge must not sit in the Appellate Division to hear or decide any appeal from a decision made by the Judge, or any matter related to such an appeal.
(3)  Section 10A applies in relation to proceedings before the Appellate Division as it applies in relation to proceedings before the General Division.
Decisions how made
33.—(1)  A decision of the Appellate Division is to be made in accordance with the opinion of the majority of the Judges hearing the case.
(2)  An appeal or application to the Appellate Division is to be dismissed if the Judges hearing the appeal or application are evenly divided.
Sittings
34.—(1)  The Appellate Division —
(a)is to sit on such dates and at such places as the Chief Justice may from time to time appoint; and
(b)may sit on a Saturday, Sunday or public holiday, or during a vacation, if the Chief Justice so appoints.
(2)  The Chief Justice may cancel or postpone a sitting appointed under subsection (1).
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.
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).
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.
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.
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.
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).
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.
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.
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.
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.
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.
Division 3 — Matters that are non‑appealable or
appealable only with leave
No appeal in certain cases
46.  An appeal cannot be brought against a decision of the Appellate Division in the cases specified in the Ninth Schedule.
Leave required to appeal
47.—(1)  An appeal against a decision of the Appellate Division made in the exercise of its appellate civil jurisdiction may only be brought with the leave of the Court of Appeal.
(2)  The Court of Appeal may grant leave under subsection (1) only if the appeal will raise a point of law of public importance.
(3)  In deciding whether to grant leave under subsection (1) or in determining, for the purposes of subsection (2), whether an appeal will raise a point of law of public importance, the Court of Appeal is to have regard to matters prescribed by the Rules of Court.
(4)  To avoid doubt —
(a)the Court of Appeal is not required to grant leave under subsection (1) even if the appeal will raise a point of law of public importance; and
(b)leave may be granted under subsection (1) even if the decision of the Appellate Division sought to be appealed against —
(i)was made in an appeal transferred by the Court of Appeal to the Appellate Division under section 29E(1); or
(ii)was made in an appeal to the Appellate Division that the Court of Appeal declined to transfer to itself under section 29D(1).
PART V
COURT OF APPEAL
Division 1 — General
President and Vice‑Presidents
48.—(1)  The Chief Justice is the President of the Court of Appeal and may appoint one or more Vice‑Presidents of the Court of Appeal from among the Justices of the Court of Appeal.
(2)  In a sitting of the Court of Appeal —
(a)the most senior Supreme Court Judge, as determined by section 4, is to preside; and
(b)if there is no Supreme Court Judge, the Chief Justice is to appoint a person to preside.
Jurisdiction — general
49.—(1)  The Court of Appeal has the civil jurisdiction mentioned in section 53 and the criminal jurisdiction mentioned in section 60D.
(2)  The Court of Appeal has, in an appeal and for any purpose related to an appeal, all the jurisdiction and powers of the court or tribunal from which the appeal was brought.
(3)  The Court of Appeal may decide any question that needs to be decided to do justice in any case before it.
Composition — general
50.—(1)  Subject to this Act, the jurisdiction of the Court of Appeal is to be exercised by 3 or any greater uneven number of Judges.
(2)  A Judge must not sit in the Court of Appeal to hear or decide any appeal from a decision made by the Judge, or any matter related to such an appeal.
(3)  Section 10A applies in relation to proceedings before the Court of Appeal as it applies in relation to proceedings before the General Division.
Decisions how made
51.—(1)  A decision of the Court of Appeal is to be made in accordance with the opinion of the majority of the Judges hearing the case.
(2)  An appeal or application to the Court of Appeal is to be dismissed if the Judges hearing the appeal or application are evenly divided.
Sittings
52.—(1)  The Court of Appeal —
(a)is to sit on such dates and at such places as the Chief Justice may from time to time appoint; and
(b)may sit on a Saturday, Sunday or public holiday, or during a vacation, if the Chief Justice so appoints.
(2)  The Chief Justice may cancel or postpone a sitting appointed under subsection (1).
Division 2 — Civil jurisdiction
Civil jurisdiction
53.—(1)  This Division applies to the Court of Appeal in the exercise of its civil jurisdiction.
(2)  The civil jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other 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 from the Appellate Division;
(c)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 Court of Appeal;
(d)any application (whether made to the General Division, the Appellate Division or the Court of Appeal) to which either or both of the following apply:
(i)a common question of law or fact arises in both the application and a matter falling within the criminal jurisdiction of the Court of Appeal;
(ii)any relief claimed in the application —
(A)may affect any matter falling within the criminal jurisdiction of the Court of Appeal; or
(B)may affect the outcome of any matter falling within the criminal jurisdiction of the Court of Appeal.
Composition — further provisions
54.—(1)  Despite section 50(1), a case before the Court of Appeal 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 Court of Appeal to hear or decide any application to discharge or vary a direction or an order made by the Judge under section 58(1).
(3)  Where the Court of Appeal 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 Court of Appeal so constituted —
(a)the Court of Appeal 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).
Oral hearing not needed for certain matters
55.—(1)  The Court of Appeal may decide the following cases without hearing oral arguments:
(a)any application to the Court of Appeal, whether under this Act or any other written law;
(b)any appeal to the Court of Appeal specified in paragraph 2 of the Eighth Schedule.
(2)  To avoid doubt, subsection (1) does not affect the power of the Court of Appeal to decide the cases mentioned in that subsection after hearing oral arguments.
Summary dismissal of certain matters
56.—(1)  The Court of Appeal may summarily dismiss any appeal or application on its own motion if the Court of Appeal is satisfied of any of the following:
(a)the Court of Appeal does not have the jurisdiction to hear and determine the appeal or application;
(b)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 Court of Appeal 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 Court of Appeal 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.
Applications
57.  Where an application may be made either to the Court of Appeal or to another court, it must first be made to the other court.
Incidental directions and interim orders
58.—(1)  The Court of Appeal 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 Court of Appeal 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 50(1).
Hearing of appeals
59.—(1)  Appeals to the Court of Appeal are to be by way of rehearing.
(2)  In hearing and deciding an appeal, the Court of Appeal has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought.
(3)  The Court of Appeal 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 Court of Appeal only with the leave of the Court of Appeal and on special grounds.
(5)  Such further evidence may be given to the Court of Appeal without leave if the evidence relates to matters occurring after the date of the decision appealed against.
(6)  The Court of Appeal 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.
Costs of appeal
60.  The Court of Appeal may make any order as to the costs of an appeal or of the proceedings relating to the decision appealed against.
New trial
60A.—(1)  Subject to this Act, the Court of Appeal may order a new trial of —
(a)any matter that has been tried by the General Division in the exercise of the original or appellate civil jurisdiction of the General Division; or
(b)any matter that has been tried by the Appellate Division in the exercise of the civil jurisdiction of the Appellate 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 Court of Appeal 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 or the Appellate Division (as the case may be) on any other question.
Immaterial errors
60B.  The Court of Appeal may not reverse or substantially vary a decision appealed against, or order a new trial, on account of any error, defect or irregularity that does not affect the merits of the decision appealed against or the jurisdiction of the court whose decision is appealed against.
Appeal not to operate as stay of execution
60C.—(1)  An appeal to the Court of Appeal does not operate as a stay of execution or of proceedings under the decision appealed against, unless the court whose decision is appealed against or the Court of Appeal so orders.
(2)  No intermediate act or proceeding is to be invalidated except so far as the Court of Appeal directs.
Division 3 — Criminal jurisdiction
Criminal jurisdiction
60D.  The criminal jurisdiction of the Court of Appeal consists of the following matters, subject to the provisions of this Act or any other 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 the exercise of its original criminal jurisdiction;
(b)any petition for confirmation under Division 1A of Part XX of the Criminal Procedure Code (Cap. 68);
(c)any review of a decision of the Court of Appeal, or a decision of the General Division, under Division 1B of Part XX of the Criminal Procedure Code;
(d)any case stated to the Court of Appeal under section 395 or 396 of the Criminal Procedure Code;
(e)any reference to the Court of Appeal under section 397 of the Criminal Procedure Code;
(f)any motion to the Court of Appeal under Division 5 of Part XX of the Criminal Procedure Code.
Composition when exercising criminal jurisdiction
60E.—(1)  Despite section 50(1), a single Judge may hear and decide an application under section 394H of the Criminal Procedure Code for leave to apply to the Court of Appeal to review an earlier decision of the Court of Appeal.
(2)  A Judge must not sit in the Court of Appeal to hear or decide any of the following matters, or any matter related to any of the following matters:
(a)an appeal against a conviction before the Judge or a sentence passed by the Judge;
(b)any petition for confirmation under Division 1A of Part XX of the Criminal Procedure Code lodged in respect of a sentence of death passed by the Judge on an accused;
(c)any case stated by the Judge under section 395 of the Criminal Procedure Code;
(d)any reference under section 397 of the Criminal Procedure Code of a question of law of public interest that has arisen in a criminal matter determined by the Judge.”.
Amendment of section 73A
14.  Section 73A of the principal Act is amended —
(a)by deleting the words “High Court” wherever they appear in subsections (4), (5), (6) and (8) and substituting in each case the words “General Division”; and
(b)by deleting subsection (9) and substituting the following subsections:
(9)  A party against whom the General Division makes an order mentioned in subsection (1)(a), (b) or (c), (2), (3), (4)(a), (b) or (c), (5) or (6) may appeal against the order only with the leave of the court to which the appeal is to be made under section 29C.
(9A)  A party against whom the Appellate Division makes an order mentioned in subsection (1)(a), (b) or (c), (2) or (3) may appeal against the order only with the leave of the Court of Appeal.”.
Amendment of section 73B
15.  Section 73B of the principal Act is amended by deleting subsection (5) and substituting the following subsections:
(5)  Where a party, who is subject to a limited civil restraint order made by the General Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the court to which the appeal is to be made under section 29C.
(6)  Where a party, who is subject to a limited civil restraint order made by the Appellate Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the Court of Appeal.”.
Amendment of section 73C
16.  Section 73C of the principal Act is amended by deleting subsection (6) and substituting the following subsections:
(6)  Where a party, who is subject to an extended civil restraint order made by the General Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the court to which the appeal is to be made under section 29C.
(7)  Where a party, who is subject to an extended civil restraint order made by the Appellate Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the Court of Appeal.”.
Amendment of section 73D
17.  Section 73D of the principal Act is amended by deleting subsection (6) and substituting the following subsections:
(6)  Where a party, who is subject to a general civil restraint order made by the General Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the court to which the appeal is to be made under section 29C.
(7)  Where a party, who is subject to a general civil restraint order made by the Appellate Division, applies for the leave of the court under subsection (2), and the court refuses such leave, the party may appeal against the refusal only with the leave of the Court of Appeal.”.
Amendment of section 74
18.  Section 74 of the principal Act is amended —
(a)by deleting the words “High Court” wherever they appear in subsections (1) and (2) and substituting in each case the words “General Division”; and
(b)by deleting subsection (2A) and substituting the following subsection:
(2A)  A person against whom the General Division makes an order under subsection (1) may bring an appeal against the order only with the leave of the court to which the appeal is to be made under section 29C.”.
Amendment of section 80
19.  Section 80 of the principal Act is amended —
(a)by deleting the words “the High Court” in subsections (1) and (2)(a) and (f) and substituting in each case the words “the General Division, the Appellate Division”;
(b)by deleting the words “a Judge in court or in chambers” in subsection (2)(b) and substituting the words “a Judge sitting in the General Division (whether in court or in chambers)”;
(c)by deleting the words “the High Court or the Court of Appeal” in subsection (2)(d) and substituting the words “the General Division, the Appellate Division or the Court of Appeal”;
(d)by deleting the words “to the High Court or from the High Court” in subsection (2)(d) and substituting the words “to the General Division or from the General Division”;
(e)by deleting the words “appeals from the High Court to the Court of Appeal” in subsection (2)(e) and substituting the words “appeals from the General Division to the Appellate Division or the Court of Appeal, appeals from the Appellate Division to the Court of Appeal, the reference of any appeal by the Appellate Division to the Court of Appeal and the transfer of appeals between the Appellate Division and the Court of Appeal”;
(f)by inserting, immediately after paragraph (e) of subsection (2), the following paragraph:
(ea)prescribing what powers in sections 40(1) and 58(1) may be exercised by the Registrar, the Deputy Registrar or an Assistant Registrar (including provisions for the variation or discharge of any direction or order of the Registrar, the Deputy Registrar or an Assistant Registrar by a single Judge and for the finality of such variation or discharge);”;
(g)by deleting the words “High Court” in subsection (2)(g)(i), (ii) and (iii) and substituting in each case the words “General Division”;
(h)by deleting the full‑stop at the end of paragraph (p) of subsection (2) and substituting a semi‑colon, and by inserting immediately thereafter the following paragraph:
(q)prescribing anything that is required or permitted under this Act to be prescribed by the Rules of Court.”; and
(i)by deleting the words “Judges of the Supreme Court” in subsection (3)(c) and substituting the words “Supreme Court Judges”.
Amendment of section 83
20.  Section 83 of the principal Act is amended —
(a)by deleting the words “Fifth or Sixth Schedule” in subsection (1) and substituting the words “Fifth, Sixth, Seventh, Eighth or Ninth Schedule”;
(b)by inserting, immediately after subsection (1), the following subsection:
(1A)  Without limiting subsection (1), the Seventh and Eighth Schedules may make different provisions for the Appellate Division and the Court of Appeal.”; and
(c)by deleting the word “Sixth” in the section heading and substituting the word “Ninth”.
Amendment of Third Schedule
21.  The Third Schedule to the principal Act is amended —
(a)by deleting the words “Sections 21(2B)” in the Schedule reference and substituting the words “Sections 21(1)”;
(b)by deleting the word “NON‑APPEALABLE” in the Schedule heading and substituting the words “APPEALABLE ONLY WITH LEAVE”; and
(c)by deleting the words “No appeal shall be brought to the High Court” in the paragraph and substituting the words “An appeal lies to the General Division from a decision of a District Court or Magistrate’s Court only with the leave of that District Court or Magistrate’s Court or the General Division”.
Amendment of Fourth Schedule
22.  The Fourth Schedule to the principal Act is amended —
(a)by deleting the words “Sections 34(1)” in the Schedule reference and substituting the words “Sections 29(b)”;
(b)by deleting the Schedule heading and substituting the following Schedule heading:
DECISIONS OF GENERAL DIVISION
THAT ARE NOT APPEALABLE”;
(c)by deleting the words “to the Court of Appeal” in paragraph 1 and substituting the words “against a decision of the General Division”;
(d)by deleting sub‑paragraphs (a), (c), (d), (e), (f) and (g) of paragraph 1; and
(e)by deleting paragraphs 2 and 3 and substituting the following paragraph:
2.  Paragraph 1 does not apply to any decision, judgment or order 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 27 of 2014).”.
Repeal of Fifth and Sixth Schedules and new Fifth, Sixth, Seventh, Eighth and Ninth Schedules
23.  The Fifth and Sixth Schedules to the principal Act are repealed and the following Schedules substituted therefor:
FIFTH SCHEDULE
Sections 29A(1)(b) and (c)
and (2)(b) and 83(1)
DECISIONS OF GENERAL DIVISION THAT ARE
APPEALABLE ONLY WITH LEAVE,
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 leave of the appellate court is required to appeal against a decision of the General Division in a case mentioned in section 29A(1)(b).
(2)  Despite section 29A(1)(b), leave 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.
Interlocutory decisions, etc.
3.  Subject to paragraph 4(2), the leave 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 leave to defend any proceedings;
(b)where a Judge makes an order giving leave 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;
(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 a writ of summons or by any other originating process; or
(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 leave to amend a pleading, except if —
(i)the application for leave is made after the expiry of any relevant period of limitation current at the date of issue of the writ of summons; and
(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;
(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 a writ of summons or by any other originating process, a pleading or a part of a pleading;
(iv)to dismiss an action or a matter commenced by a writ of summons or by any other originating process;
(v)for further and better particulars;
(vi)for leave to amend a pleading;
(vii)for security for costs;
(viii)for discovery or inspection of documents;
(ix)for interrogatories to be varied or withdrawn, or for leave to serve interrogatories;
(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 (Act 18 of 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.
Appellate decisions of Family Division
4.—(1)  The leave 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 27 of 2014).
(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.
SIXTH SCHEDULE
Sections 29C(2) and 83(1)
CIVIL APPEALS TO BE MADE TO COURT OF APPEAL
1.  For the purposes of section 29C(2), an appeal against a decision of the General Division in the exercise of its original or appellate civil jurisdiction is to be made to the Court of Appeal in the following cases:
(a)the appeal arises from a case relating to constitutional or administrative law (even if the appeal does not raise any issue relating to constitutional or administrative law);
(b)the appeal arises from a case relating to contempt of court (even if the appeal does not raise any issue relating to the law of contempt of court);
(c)the appeal arises from a case relating to the law of arbitration (even if the appeal does not raise any issue relating to the law of arbitration);
(d)the appeal arises from a case relating to the insolvency, restructuring or dissolution of a corporation, limited liability partnership or sub‑fund of a variable capital company (even if the appeal does not raise any issue relating to the law concerning the insolvency, restructuring or dissolution of a corporation, limited liability partnership or sub‑fund of a variable capital company);
(e)the appeal arises from a case relating to the law of patents (even if the appeal does not raise any issue relating to the law of patents);
(f)the appeal is against a decision of the Singapore International Commercial Court;
(g)the appeal is against a decision or order of a Judge sitting in the General Division made under the Parliamentary Elections Act (Cap. 218);
(h)the appeal is against a judgment or order in an action brought under section 47(8) of the Presidential Elections Act (Cap. 240A);
(i)the appeal is made under any of the following written laws:
(i)section 32(1) of the Administration of Justice (Protection) Act 2016 (Act 19 of 2016);
(ii)sections 21A(1), 45(7) and 49(11) of the Arbitration Act (Cap. 10);
(iii)section 74(4) of the Competition Act (Cap. 50B);
(iv)section 10(4) of the International Arbitration Act (Cap. 143A);
(v)section 18(5) of the Maintenance of Parents Act (Cap. 167B);
(vi)section 90(3) of the Patents Act (Cap. 221);
(vii)section 35(4) of the Personal Data Protection Act 2012 (Act 26 of 2012);
(viii)sections 17(8), 29(9), 35(7) and 44(9) of the Protection from Online Falsehoods and Manipulation Act 2019;
(j)the appeal is made under any written law that provides for the appeal to lie to the Court of Appeal.
SEVENTH SCHEDULE
Sections 36(1), 54(1) and 83(1) and (1A), and paragraphs 1(a) and (b) and 2(a) of Eighth Schedule
CASES WHERE CIVIL JURISDICTION
OF APPELLATE DIVISION OR COURT OF APPEAL
CAN BE EXERCISED BY LESS THAN 3 JUDGES
Appellate Division cases that may be heard and decided by single Judge or 2 Judges
1.—(1)  Despite section 32(1), the following cases may be heard and decided by the Appellate Division consisting of a single Judge or 2 Judges:
(a)an application —
(i)to record a judgment, or an order, that is made by consent of the parties; or
(ii)to make an order that is incidental to any such judgment or order;
(b)an application to adduce further evidence in proceedings before the Appellate Division;
(c)an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Appellate Division is withdrawn;
(d)an application for any direction or order mentioned in section 40(1).
(2)  Despite section 32(1), the Appellate Division consisting of a single Judge or 2 Judges may —
(a)refer an appeal to the Court of Appeal under section 29D(2)(b); and
(b)for the purposes of paragraph 2(k)(ii), decide whether it is appropriate for the Appellate Division consisting of 2 Judges to hear and decide an appeal to which that paragraph applies.
(3)  Despite section 32(1), the Appellate Division consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Appellate Division.
Appellate Division cases that may be heard and decided by 2 Judges
2.  Despite section 32(1), the following cases may be heard and decided by the Appellate Division consisting of 2 Judges:
(a)an application to extend the time for filing and serving a notice of appeal;
(b)an application to discharge or vary any direction or order made under section 40(1) by the Appellate Division consisting of a single Judge;
(c)an application for leave to appeal to the Appellate Division, whether under this Act or any other written law, or to extend time for applying for such leave;
(d)an application to the Appellate Division for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;
(e)an appeal against an interlocutory judgment;
(f)an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act (Cap. 161);
(g)an appeal against any judgment or order obtained after the hearing of an assessment of damages;
(h)an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;
(i)an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;
(j)an appeal which, under any written law, may be heard and decided by 2 Judges;
(k)any appeal where —
(i)all parties consent for the case to be —
(A)decided by the Appellate Division consisting of 2 Judges; and
(B)decided by the Appellate Division without hearing oral arguments; and
(ii)the Appellate Division (consisting of at least a single Judge) considers it appropriate for the Appellate Division consisting of 2 Judges to hear and decide the appeal.
Court of Appeal cases that may be heard and decided by single Judge or 2 Judges
3.—(1)  Despite section 50(1), the following cases may be heard and decided by the Court of Appeal consisting of a single Judge or 2 Judges:
(a)an application —
(i)to record a judgment, or an order, that is made by consent of the parties; or
(ii)to make an order that is incidental to any such judgment or order;
(b)an application to adduce further evidence in proceedings before the Court of Appeal;
(c)an application for costs, or any other matter that remains to be dealt with, after an application or appeal to the Court of Appeal is withdrawn;
(d)an application for any direction or order mentioned in section 58(1).
(2)  Despite section 50(1), the Court of Appeal consisting of a single Judge or 2 Judges may exercise the following powers:
(a)the power under section 29D(1) to transfer to the Court of Appeal an appeal that has been made to the Appellate Division;
(b)the power under section 29E(1) to transfer to the Appellate Division an appeal that has been made to the Court of Appeal.
(3)  Despite section 50(1), the Court of Appeal consisting of a single Judge may hear and decide an application to vary or discharge any direction or order made by the Registrar, the Deputy Registrar or an Assistant Registrar exercising any of the powers of the Court of Appeal.
Court of Appeal cases that may be heard and decided by 2 Judges
4.  Despite section 50(1), the following cases may be heard and decided by the Court of Appeal consisting of 2 Judges:
(a)an application to extend the time for filing and serving a notice of appeal;
(b)an application to discharge or vary any direction or order made under section 58(1) by the Court of Appeal consisting of a single Judge;
(c)an application for leave to appeal to the Court of Appeal, whether under this Act or any other written law, or to extend time for applying for such leave;
(d)an application to the Court of Appeal for a stay of execution (whether pending or after the appeal) or a stay of proceedings under the decision appealed from;
(e)an appeal against an interlocutory judgment;
(f)an appeal against any judgment or order obtained after the hearing of an application for the admission of a person under section 15 of the Legal Profession Act;
(g)an appeal against any judgment or order obtained after the hearing of an assessment of damages;
(h)an appeal against any judgment or order obtained after the hearing of a taking of accounts between parties;
(i)an appeal against any judgment or order obtained after any proceedings other than the trial or hearing of any action or matter commenced by any originating process;
(j)an appeal which, under any written law, may be heard and decided by 2 Judges.
EIGHTH SCHEDULE
Sections 37(1)(b), 55(1)(b) and 83(1) and (1A)
APPEALS THAT MAY BE DECIDED BY
APPELLATE DIVISION OR COURT OF APPEAL
WITHOUT HEARING ORAL ARGUMENTS
1.  The following appeals may be decided by the Appellate Division without hearing oral arguments:
(a)an appeal mentioned in paragraph 2(e), (f), (g), (h), (i) or (j) of the Seventh Schedule, where every party to the appeal consents to the appeal being decided without hearing oral arguments;
(b)an appeal mentioned in paragraph 2(k) of the Seventh Schedule.
2.  The following appeals may be decided by the Court of Appeal without hearing oral arguments:
(a)an appeal mentioned in paragraph 4(e), (f), (g), (h), (i) or (j) of the Seventh Schedule, where every party to the appeal consents to the appeal being decided without hearing oral arguments;
(b)an appeal against a decision of the Singapore International Commercial Court, where every party to the appeal consents to the appeal being decided without hearing oral arguments.
NINTH SCHEDULE
Sections 46 and 83(1)
CASES WHERE DECISION OF APPELLATE DIVISION
IS NOT APPEALABLE
1.  An appeal cannot be brought against a decision of the Appellate Division in the following cases:
(a)a case where the Appellate Division makes an incidental direction or interim order under section 40(1);
(b)a case where the Appellate Division makes a judgment or an order that is made by consent of the parties;
(c)a case where the Appellate Division gives or refuses leave to appeal against a decision of the General Division;
(d)a case where any written law expressly provides that the decision of the Appellate Division is final or that there is no appeal from the decision of the Appellate Division.
2.  An appeal that relates only to costs or fees for hearing dates cannot be brought against a decision of the Appellate Division.”.
Miscellaneous amendments
24.  The principal Act is amended —
(a)by deleting the sub-heading immediately below the Part heading of Part III and substituting the following Division heading:
Division 1 — General”;
(b)by deleting the words “High Court” wherever they appear in the following provisions and substituting in each case the words “General Division”:
Section 10(1), (2) and (5) and section heading
Section 10A(1) and (2) and section heading
Section 10B(1) and section heading
Section 11(1) and section heading
Section 15(1) and (2)
Section 16(1) and (2)
Section 17(1)
Section 17A(1), (2), (3), (4), (5), (7) and (8)
Section 18(1) and (2) and section heading
Section 18A
Section 18C
Section 18D(1)(b) and (2)
Section 18J(1) and (2)
Section 19
Section 20
Section 22(1) and (2)
Section 23
Section 24 and section heading
Section 25 and section heading
Section 27(1), (2), (3) and (4) and section heading
Section 28(1) and section heading
Section 28A(1)
Section 79(4);
(c)by deleting the words “section 12” in section 10B(2) and substituting the words “section 7”;
(d)by deleting the words “of the High Court” in section 13;
(e)by deleting the sub‑heading immediately above section 15 and substituting the following Division heading:
Division 2 — Original jurisdiction”;
(f)by deleting the sub‑heading immediately above section 18A and substituting the following Division heading:
Division 3 — Singapore International
Commercial Court”;
(g)by deleting the words “a Judge of Appeal, a Judge of the High Court, a Senior Judge of the Supreme Court or an International Judge of the Supreme Court” in section 18B(1) and substituting the words “a Supreme Court Judge, a Senior Judge or an International Judge”;
(h)by deleting the words “the High Court may” in section 18I(1) and substituting the words “the General Division may”;
(i)by deleting the words “that Court” in section 18J(2) and substituting the words “the General Division”;
(j)by deleting subsection (4) of section 18J and substituting the following subsection:
(4)  In this section, “General Division” does not include the Singapore International Commercial Court.”;
(k)by deleting the sub‑heading immediately above section 19 and substituting the following Division heading:
Division 4 — Appellate jurisdiction”;
(l)by deleting the words “Court of Appeal” in section 22(2) and substituting the words “Appellate Division”;
(m)by deleting the sub‑heading immediately above section 23 and substituting the following Division heading:
Division 5 — Supervisory and revisionary
jurisdiction”;
(n)by deleting the sub‑heading immediately above section 28A and substituting the following Division heading:
Division 6 — Allocation of proceedings”;
(o)by deleting the sub‑heading immediately above section 61 and substituting the following Division heading:
Division 1 — Registrar”;
(p)by deleting the sub‑heading immediately above section 63 and substituting the following Division heading:
Division 2 — Sheriff”;
(q)by deleting the sub‑heading immediately above section 66 and substituting the following Division heading:
Division 3 — Accountant”;
(r)by deleting the sub‑heading immediately above section 67 and substituting the following Division heading:
Division 4 — Subordinate officers”;
(s)by deleting the sub‑heading immediately above section 71 and substituting the following Division heading:
Division 5 — Offices”;
(t)by deleting the sub‑heading immediately above section 73 and substituting the following Division heading:
Division 1 — List of touts”;
(u)by deleting the words “Judge in chambers” in section 73(4) and (5) and substituting in each case the words “Judge sitting in chambers in the General Division”;
(v)by deleting the sub‑heading immediately above section 73A and substituting the following Division heading:
Division 2 — Measures for dealing with
unmeritorious or vexatious proceedings
and vexatious litigants”;
(w)by deleting the sub‑heading immediately above section 75 and substituting the following Division heading:
Division 3 — Disabilities of Registrar and other
officers”;
(x)by deleting the sub‑heading immediately above section 79 and substituting the following Division heading:
Division 4 — Protection of Registrar and other persons”;
(y)by deleting the sub‑heading immediately above section 80 and substituting the following Division heading:
Division 5 — Rules of Court”;
(z)by deleting the sub‑heading immediately above section 81 and substituting the following Division heading:
Division 6 — Council of Judges”;
(za)by deleting the words “Judges of the Supreme Court” in section 81 and substituting the words “Supreme Court Judges”;
(zb)by deleting the words “the High Court,” in section 81(c) and substituting the words “the General Division, the Appellate Division or”;
(zc)by deleting the sub‑heading immediately above section 82 and substituting the following Division heading:
Division 7 — Supplemental”; and
(zd)by deleting the words “THE HIGH COURT” in the Schedule heading of the First Schedule and substituting the words “GENERAL DIVISION”.
Related amendments to Interpretation Act
25.  The Interpretation Act (Cap. 1, 2002 Ed.) is amended —
(a)by deleting the definition of “High Court” in section 2(1) and substituting the following definition:
“ “High Court” means the High Court established by the Constitution;”;
(b)by deleting the definition of “Judge” in section 2(1) and substituting the following definition:
“ “Judge” means a Supreme Court Judge, a Judicial Commissioner or a Senior Judge sitting in the General Division of the High Court or Appellate Division of the High Court, or the Court of Appeal, in accordance with the Constitution and the Supreme Court of Judicature Act (Cap. 322), or an International Judge sitting in the Singapore International Commercial Court, the Appellate Division of the High Court, or the Court of Appeal, in accordance with the Constitution and that Act;”;
(c)by deleting the definition of “Judge of the Supreme Court” in section 2(1);
(d)by deleting the definition of “Supreme Court” in section 2(1) and substituting the following definitions:
“ “Supreme Court” means the Supreme Court established by the Constitution;
“Supreme Court Judge” means the Chief Justice, a Justice of the Court of Appeal, a Judge of the Appellate Division or a Judge of the High Court;”;
(e)by deleting paragraphs (a) and (b) of section 41A(6) and substituting the following paragraphs:
(a)the Court of Appeal or a judge sitting in that Court;
(b)the Appellate Division of the High Court or a judge sitting in that Division;
(ba)the General Division of the High Court or a judge sitting in that Division;”; and
(f)by inserting, immediately after section 41B, the following section:
References to High Court before date of commencement of Supreme Court of Judicature (Amendment) Act 2019
41C.  In any written law enacted or made before the date of commencement of section 25(f) of the Supreme Court of Judicature (Amendment) Act 2019 —
(a)a provision that confers any jurisdiction or power on the High Court is, on or after that date, to be read as conferring that jurisdiction or power on the General Division of the High Court;
(b)a reference to an appeal or other process to or from the High Court is, on or after that date, to be read as a reference to an appeal to or from the General Division of the High Court; and
(c)a power to make subsidiary legislation in relation to proceedings in the High Court is, on or after that date, to be read as a power to make subsidiary legislation in relation to proceedings in both the General Division of the High Court and Appellate Division of the High Court.”.
Consequential and related amendments to Arbitration Act
26.  The Arbitration Act (Cap. 10, 2002 Ed.) is amended —
(a)by inserting, immediately before the definition of “appointing authority” in section 2(1), the following definition:
“ “appellate court” means the court to which an appeal from a decision of the Court is to be made under section 29C of the Supreme Court of Judicature Act (Cap. 322);”;
(b)by deleting the words “High Court in Singapore” in the following provision and substituting the words “General Division of the High Court”:
Section 2(1) (definition of “Court”);
(c)by deleting the words “High Court, District Court, Magistrate’s Court” in the following provision and substituting the words “Court, a District Court, a Magistrate’s Court”:
Section 2(1) (definition of “court”);
(d)by deleting subsection (1) of section 21A and substituting the following subsection:
(1)  An appeal from the decision of the Court made under section 21 lies to the appellate court only with the leave of the appellate court.”;
(e)by deleting the words “High Court” in the following provision and substituting the words “appellate court”:
Section 21A(2);
(f)by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the word “Court”:
Section 21A(3), (4), (6)(a) and (b) and (7);
(g)by deleting the words “Court of Appeal” in the following provisions and substituting in each case the words “appellate court”:
Section 21A(3), (4) and (7)(a) and (b)
Section 45(6) and (7)
Section 49(10) and (11)
Section 52(3)(b);
(h)by deleting the words “leave of the Court” in the following provisions and substituting in each case the words “leave of the appellate court”:
Section 36(6)
Section 41(8)
Section 45(5)
Section 49(7);
(i)by deleting the words “Court may give leave” in the following provisions and substituting in each case the words “appellate court may give leave”:
Section 45(7)
Section 49(11);
(j)by inserting, immediately after the words “the Court” in the following provision, the words “or the appellate court”:
Section 52(1) and (2);
(k)by deleting the words “Judge in Chambers” in the following provision and substituting the words “Judge sitting in chambers in the Court”:
Section 52(3)(a); and
(l)by deleting the words “High Court or any Judge in Chambers” in the following provision and substituting the words “Court or any Judge sitting in chambers in the Court”:
Section 52(3)(b).
Consequential and related amendments to Land Acquisition Act
27.  The Land Acquisition Act (Cap. 152, 1985 Ed.) is amended —
(a)by deleting the words “or the Court of Appeal” in the following provision and substituting in each case the words “, the Appellate Division of the High Court or the Court of Appeal”:
Section 2(2) (paragraphs (i), (ii) and (iii) of proviso);
(b)by deleting the words “High Court” wherever they appear in the following provisions and substituting in each case the words “General Division of the High Court”:
Section 10(2) and (3)
Section 25(4)(c)
Section 29(3)
Section 32(5) and (6)
Section 38(3)
Section 49A(6) and (7);
(c)by deleting the words “Judge of the Supreme Court” in the following provisions and substituting in each case the words “Supreme Court Judge”:
Section 19(4)
Section 28(1);
(d)by deleting the words “Court of Appeal” in the following provision and substituting the words “Appellate Division of the High Court or the Court of Appeal”:
Section 37;
(e)by deleting the words “or the Court of Appeal” in the following provision and substituting the words “, the Appellate Division of the High Court or the Court of Appeal (as the case may be)”:
Section 39; and
(f)by inserting, immediately after section 39, the following Part:
“PART IVA
APPEALS FROM DECISIONS OF APPEALS
BOARD AND COMMISSIONER
Court to which appeal is to be made
     39A.—(1)  The Minister may, after consulting the Chief Justice, by order in the Gazette, determine that appeals under section 29(2) are to be made to the Appellate Division of the High Court, instead of the Court of Appeal.
    (2)  The Minister may, after consulting the Chief Justice, by order in the Gazette, determine that appeals under section 38(2) are to lie to the Appellate Division of the High Court, instead of the Court of Appeal.
Modifications where order under section 39A is in force
     39B.—(1)  Where an order under section 39A(1) is in force —
(a)any reference to the Court of Appeal in section 29(2), (2A), (3) and (4) is a reference to the Appellate Division of the High Court;
(b)the reference to Court in section 29(4) is a reference to the Appellate Division of the High Court; and
(c)section 29(5) is replaced with the following provision:
  “(5)  There is such further right of appeal from decisions of the Appellate Division of the High Court under this section as exists in the case of decisions made by the Appellate Division of the High Court in the exercise of its appellate civil jurisdiction.”.
(2)  Where an order under section 39A(2) is in force —
(a)any reference to the Court of Appeal in section 38(3) is a reference to the Appellate Division of the High Court; and
(b)section 38(2) is replaced with the following provisions:
     “(2)  An appeal lies from that decision to the Appellate Division of the High Court.
      (2A)  There is such further right of appeal from decisions of the Appellate Division of the High Court under this section as exists in the case of decisions made by the Appellate Division of the High Court in the exercise of its appellate civil jurisdiction.”.”.
Consequential and related amendments to other Acts
28.—(1)  The provisions of the Acts specified in the first column of the Schedule are amended in the manner set out opposite in the second column.
(2)  The Minister may, by order in the Gazette, make amendments to any Act that are related to or consequential on the enactment of this Act, including amendments to any reference to the High Court, the Court of Appeal or the judges of those Courts.
(3)  An order under subsection (2) —
(a)may be made at any time within the period of 2 years after the date of commencement of this section; and
(b)must be presented to Parliament as soon as possible after publication in the Gazette.
Additional consequential and related amendments to other Acts
29.—(1)  The Common Services Tunnels Act 2018 (Act 17 of 2018) is amended —
(a)by deleting the words “High Court” in the following provision and substituting in each case the words “General Division of the High Court”:
Section 18(1), (2) and (3); and
(b)by deleting the words “the Court” in the following provision and substituting the word “it”:
Section 18(3).
(2)  The Copyright Act (Cap. 63, 2006 Ed.) is amended by deleting the words “High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 7(1) (definition of “Court”).
(3)  The Credit Bureau Act 2016 (Act 27 of 2016) is amended by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 57(1)(a).
(4)  The Criminal Procedure Code (Cap. 68, 2012 Ed.) is amended by deleting the words “Judge of the Supreme Court” in the following provision and substituting the words “Supreme Court Judge”:
Section 270(8)(a).
(5)  The Family Justice Act 2014 (Act 27 of 2014) is amended by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 23(2B).
(6)  The Financial Holding Companies Act 2013 (Act 13 of 2013) is amended —
(a)by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 50(1)(a); and
(b)by deleting the words “High Court or a Judge thereof” in the following provision and substituting the words “General Division of the High Court”:
Section 52(4).
(7)  The Geographical Indications Act 2014 (Act 19 of 2014) is amended —
(a)by deleting the words “Court of Appeal” wherever they appear in the following provision and substituting in each case the words “appellate court”:
Section 32(3);
(b)by deleting the words “the Court or” in the following provision:
Section 32(3); and
(c)by inserting, immediately after subsection (3) of section 32, the following subsection:
(4)  In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act (Cap. 322).”.
(8)  The Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) is amended —
(a)by deleting the words “High Court” in the following provisions and substituting in each case the words “General Division of the High Court”:
Section 2(1) (definition of “Court”)
Section 3
Third Schedule, Article 4, paragraph 1;
(b)by inserting, immediately after the words “procedure of” in section 448(1)(a)(ii), the words “the Appellate Division of the High Court or”;
(c)by inserting, immediately after the words “to the Court” in section 448(2)(a), the words “, the Appellate Division of the High Court”;
(d)by inserting, immediately after the words “from the Court to” in section 448(2)(c), the words “the Appellate Division of the High Court or”;
(e)by inserting, immediately after the words “in the Court” in section 448(2)(d), the words “, the Appellate Division of the High Court”;
(f)by deleting the words “High Court” in the section heading of the following provision and substituting the words “General Division of High Court”:
Section 3; and
(g)by deleting the word “High” in the section heading of the following provision:
Section 256.
(9)  The Merchant Shipping Act (Cap. 179, 1996 Ed.) is amended —
(a)by deleting the words “High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 175(1);
(b)by deleting the words “the Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 175(1)(a), (b) and (c);
(c)by deleting the words “High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 175(2); and
(d)by deleting the marginal note of section 175 and inserting the following section heading:
Appointment of salvage by General Division of High Court”.
(10)  The Payment Services Act 2019 (Act 2 of 2019) is amended —
(a)by deleting the words “High Court” wherever they appear in the following provisions and substituting in each case the words “General Division of the High Court”:
Section 54(1), (2), (3) and (4)
Section 79(1)(b)
Section 82(1)(b);
(b)by deleting the words “High Court or a Judge of that Court” in the following provision and substituting the words “General Division of the High Court”:
Section 55 (definition of “Court”); and
(c)by deleting the words “High Court” in the section heading of the following provision and substituting the words “General Division of High Court”:
Section 54.
(11)  The Penal Code (Cap. 224, 2008 Ed.) is amended —
(a)by deleting the words “High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 174 (illustration (a)); and
(b)by deleting the words “that Court” in the following provision and substituting the words “the General Division of the High Court”:
Section 174 (illustration (a)).
(12)  The Plant Varieties Protection Act (Cap. 232A, 2006 Ed.) is amended —
(a)by deleting the words “Court of Appeal” wherever they appear in the following provision and substituting in each case the words “appellate court”:
Section 48(3);
(b)by deleting the words “the Court or” in the following provision:
Section 48(3); and
(c)by inserting, immediately after subsection (3) of section 48, the following subsection:
(4)  In this section, “appellate court” means the court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act (Cap. 322).”.
(13)  The Protection from Harassment Act (Cap. 256A, 2015 Ed.) is amended by deleting the words “High Court” in the following provisions and substituting in each case the words “General Division of the High Court”:
  Section 16I(2)(a)
  Section 16J(8).
(14)  The Reciprocal Enforcement of Commonwealth Judgments (Repeal) Act 2019 (Act 24 of 2019) is amended by deleting the words “High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 2(2)(d).
(15)  The Registered Designs Act (Cap. 266, 2005 Ed.) is amended —
(a)by deleting the words “Court of Appeal” wherever they appear in the following provision and substituting in each case the words “appellate court”:
Section 62(2A);
(b)by deleting the words “the Court or” in the following provision:
Section 62(2A); and
(c)by deleting subsection (3) of section 62 and substituting the following subsection:
(3)  In this section —
“appellate court” means the court to which an appeal under subsection (2A) is to be made under section 29C of the Supreme Court of Judicature Act (Cap. 322);
“decision” includes any act of the Registrar done in the exercise of a discretion vested in him by or under this Act.”.
(16)  The Small Claims Tribunals Act (Cap. 308, 1998 Ed.) is amended by deleting the words “High Court” wherever they appear in the following provisions and substituting in each case the words “General Division of the High Court”:
  Section 39(1)(b)
  Section 42(1), (2) and (3).
(17)  The Trade Marks Act (Cap. 332, 2005 Ed.) is amended —
(a)by deleting the words “Court of Appeal” wherever they appear in the following provision and substituting in each case the words “appellate court”:
Section 75(4);
(b)by deleting the words “the Court or” in the following provision:
Section 75(4); and
(c)by inserting, immediately after subsection (4) of section 75, the following subsection:
(5)  In this section, “appellate court” means the court to which an appeal under subsection (4) is to be made under section 29C of the Supreme Court of Judicature Act (Cap. 322).”.
(18)  The Traditional Chinese Medicine Practitioners Act (Cap. 333A, 2001 Ed.) is amended by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 21(3).
(19)  The Transport Safety Investigations Act 2018 (Act 36 of 2018) is amended by deleting the words “High Court” wherever they appear in the following provision and substituting in each case the words “General Division of the High Court”:
Section 43(3)(c), (4) and (5).
(20)  The Variable Capital Companies Act 2018 (Act 44 of 2018) is amended by deleting the words “High Court or a judge of the High Court” in the following provision and substituting the words “General Division of the High Court”:
Section 2(1) (definition of “Court”).
(21)  The Work Injury Compensation Act 2019 (Act 27 of 2019) is amended —
(a)by deleting the words “High Court” in the following provision and substituting the words “General Division of High Court”:
Division 4 heading of Part 4;
(b)by deleting the words “High Court” in the following provisions and substituting in each case the words “General Division of the High Court”:
Section 58(1), (2) and (3)
Section 60(2)
Section 63(5)(b); and
(c)by deleting the words “High Court” in the section heading of the following provision and substituting the words “General Division of High Court”:
Section 58.
References to High Court in section 128 of Criminal Justice Reform Act 2018
30.  For the purposes of section 128(1) and (2) of the Criminal Justice Reform Act 2018 (Act 19 of 2018), any reference to an offence to be tried in the High Court is, on or after the date of commencement of this section, a reference to an offence to be tried in the General Division of the High Court.
Saving and transitional provisions
31.—(1)  Divisions 7 and 9 of Part III of the amended Act apply, on or after the appointed date, to any decision of the High Court made before the appointed date against which no appeal has been brought to the Court of Appeal before the appointed date, as if the decision were a decision of the General Division of the High Court, other than the following decisions:
(a)any decision of the High Court in a case where an appeal could not have been brought to the Court of Appeal under section 34(1) of the unamended Act;
(b)any decision of the High Court in a case where leave of the High Court or the Court of Appeal, or leave of a Judge of the Family Division of the High Court, was required to bring an appeal to the Court of Appeal under section 34(2), (2A) or (4) of the unamended Act.
(2)  To avoid doubt —
(a)subsection (1) does not create any right of appeal; and
(b)an appeal cannot be brought against any decision of the High Court made before the appointed date in any case where an appeal could not have been brought to the Court of Appeal under section 34(1) of the unamended Act.
(3)  Despite section 13, where an appeal against a decision of the High Court has been brought to the Court of Appeal before the appointed date —
(a)the appeal continues, on or after that date, in the Court of Appeal as if section 13 had not been enacted;
(b)Part V of the amended Act does not apply to the appeal; and
(c)Parts IV and IVA of the unamended Act continue to apply to the appeal as if section 13 had not been enacted, subject to the following modifications:
(i)any reference to the High Court in sections 30(4), 35 and 37(2) of the unamended Act is to be read as a reference to the General Division of the High Court;
(ii)“Judge of Appeal” has the meaning given to “Judge” (in relation to the Court of Appeal) by section 2 of the amended Act;
(iii)sections 29 and 34 of the unamended Act are to be disregarded.
(4)  Despite sections 12, 13 and 23, where the High Court has made a decision before the appointed date in a case mentioned in section 34(2), (2A) or (4) of the unamended Act and no appeal has been brought to the Court of Appeal against that decision before the appointed date —
(a)Divisions 7 and 9 of Part III of, and the Fifth Schedule to, the amended Act do not apply to an appeal against that decision;
(b)section 34 of, and the Fifth Schedule to, the unamended Act continue to apply to an appeal against that decision as if sections 13 and 23 had not been enacted, subject to the modification that any reference to the leave of the High Court is to be read as a reference to the leave of the General Division of the High Court;
(c)if leave is granted under section 34 of the unamended Act as applied by paragraph (b) to bring an appeal against that decision to the Court of Appeal —
(i)Part V of the amended Act does not apply to that appeal; and
(ii)Parts IV and IVA of the unamended Act continue to apply to that appeal as if section 13 had not been enacted, subject to the following modifications:
(A)any reference to the High Court in sections 30(4), 35 and 37(2) of the unamended Act is to be read as a reference to the General Division of the High Court;
(B)“Judge of Appeal” has the meaning given to “Judge” (in relation to the Court of Appeal) by section 2 of the amended Act;
(C)sections 29 and 34 of the unamended Act are to be disregarded.
(5)  To avoid doubt, proceedings begun in the High Court (other than proceedings of the Family Division of the High Court or of the Singapore International Commercial Court) before the date of commencement of this subsection continue, on or after that date, in the General Division of the High Court, as if the proceedings had begun in the General Division of the High Court.
(6)  Despite sections 22(d) and 23 —
(a)section 29A(1)(c) of, and the Fifth Schedule to, the amended Act do not apply to any order mentioned in paragraph 1(c), (d), (e), (f) or (g) of the Fourth Schedule to the unamended Act that is made before the appointed date; and
(b)section 34(1) of, and the Fourth Schedule to, the unamended Act continue to apply to any such order as if sections 22(d) and 23 had not been enacted.
(7)  Despite sections 9 and 21 —
(a)section 21 of, and the Third Schedule to, the amended Act do not apply to any decision of a District Court or Magistrate’s Court made before the appointed date; and
(b)section 21 of, and the Third Schedule to, the unamended Act continue to apply to any such decision as if sections 9 and 21 had not been enacted, subject to the following modifications:
(i)any reference to the High Court is to be read as a reference to the General Division of the High Court;
(ii)“Judge” has the meaning given by section 2 of the amended Act.
(8)  For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent to the enactment of that provision as the Minister may consider necessary or expedient.
(9)  In this section —
“amended Act” means the principal Act as in force on or after the appointed date;
“appointed date” means the date of commencement of sections 9, 12, 13, 21, 22 and 23;
“unamended Act” means the principal Act as in force immediately before the appointed date.
Saving and transitional provisions in relation to other Acts
32.—(1)  Despite section 26 —
(a)sections 21A(1), 36(6), 41(8), 45(5) and (7), 49(7) and (11) and 52 of the Arbitration Act as in force on or after the date of commencement of section 26 do not apply to any appeal against any decision of the High Court under section 21, 36, 41, 45(6) or 49 of that Act made before that date; and
(b)sections 21A(1), 36(6), 41(8), 45(5) and (7), 49(7) and (11) and 52 of the Arbitration Act as in force immediately before that date continue to apply to any such appeal as if section 26 had not been enacted, subject to the modification that any reference to the leave of the High Court or the Court is to be read as a reference to the leave of the General Division of the High Court.
(2)  Despite section 28(1) and item 2 of the Schedule —
(a)section 32(2) of the Administration of Justice (Protection) Act 2016 as in force on or after the date of commencement of section 28(1) does not apply to any appeal under section 32(1) of that Act against any order or decision of the High Court in the exercise of its appellate jurisdiction made before that date; and
(b)section 32(2) of the Administration of Justice (Protection) Act 2016 as in force immediately before that date continues to apply to any such appeal as if section 28(1) had not been enacted, subject to the modification that any reference to the leave of the High Court is to be read as a reference to the leave of the General Division of the High Court.
(3)  Despite section 28(1) and item 52 of the Schedule —
(a)section 47(3) of the Estate Duty Act as in force on or after the date of commencement of section 28(1) does not apply to any appeal against any order, direction, determination or decision of the High Court made before that date upon any application under section 47 of that Act; and
(b)section 47(3) of the Estate Duty Act as in force immediately before that date continues to apply to any such appeal as if section 28(1) had not been enacted, subject to the modification that any reference to the leave of the High Court is to be read as a reference to the leave of the General Division of the High Court.
(4)  Despite section 28(1) and item 57 of the Schedule —
(a)section 23(2A) of, and the Second Schedule to, the Family Justice Act 2014 as in force on or after the date of commencement of section 28(1) do not apply to any order specified in sub‑paragraph (a), (b), (c) or (d) of the Second Schedule to that Act as in force immediately before that date that is made before that date; and
(b)section 23(2A) of, and the Second Schedule to, the Family Justice Act 2014 as in force immediately before that date continue to apply to any such order as if section 28(1) had not been enacted, subject to the modification that any reference to the High Court is to be read as a reference to the General Division of the High Court.
(5)  Despite section 28(1) and item 78 of the Schedule —
(a)section 10(4) and (5) of the International Arbitration Act as in force on or after the date of commencement of section 28(1) does not apply to any appeal from a decision of the High Court mentioned in section 10(4) of that Act that is made before that date; and
(b)section 10(4) and (5) of the International Arbitration Act as in force immediately before that date continues to apply to any such appeal as if section 28(1) had not been enacted, subject to the modification that any reference to the leave of the High Court is to be read as a reference to the leave of the General Division of the High Court.
(6)  Despite section 28(1) and item 113 of the Schedule —
(a)section 90(3) of the Patents Act as in force on or after the date of commencement of section 28(1) does not apply to any appeal against any decision of the High Court made before that date on appeal from a decision of the Registrar under that Act; and
(b)section 90(3) of the Patents Act as in force immediately before that date continues to apply to any such appeal as if section 28(1) had not been enacted, subject to the modification that the third reference to the court is to be read as a reference to the General Division of the High Court.
(7)  Section 170 of the Merchant Shipping Act as in force on or after the date of commencement of section 28(1) applies to any decision of a District Court made before that date, in determining a dispute relating to salvage under section 168(1) of that Act, against which no appeal has been brought to the Court of Appeal before that date.
(8)  To avoid doubt —
(a)subsection (7) does not create any right of appeal; and
(b)an appeal cannot be brought against any decision of a District Court made before the date of commencement of section 28(1) in any case where an appeal could not have been brought to the Court of Appeal under section 170 of the Merchant Shipping Act as in force immediately before that date.
(9)  Despite section 28(1) and item 99(3) of the Schedule, where an appeal has been brought to the Court of Appeal under section 170 of the Merchant Shipping Act before the date of commencement of section 28(1), the appeal continues, on or after that date, in the Court of Appeal as if section 28(1) had not been enacted.