Rules of Court - Singapore Statutes Online

Preparation of Cases (O. 57, r. 9A)

9A.—(1) The appellant must file his Case (referred to in this Order as the Appellant’s Case) within the time specified in Rule 9.

(2) The respondent must file his Case (referred to in this Order as the Respondent’s Case) —

(a)	within one month after service on him of the record of appeal, the Appellant’s Case and the core bundle; or
(b)	in the event a joint record of appeal is filed, within one month after service on him of the Appellant’s Case and the core bundle.

(2A) If the respondent intends to refer to any document in the Respondent’s Case or at the appeal, and such document is not included in the core bundle, the respondent shall file, at the same time as his case, a supplemental core bundle which shall contain —

(a)	such additional documents as are not included in the core bundle; and
(b)	an index of the documents included in the supplemental core bundle, which shall cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.

(3) The form of the Case shall comply with the following requirements:

(a)

it shall consist of paragraphs numbered consecutively;

(b)

it shall state, as concisely as possible —

(i)	the circumstances out of which the appeal arises;
(ii)	the issues arising in the appeal;
(iii)	the contentions to be urged by the party filing it and the authorities in support thereof; and
(iv)	the reasons for or against the appeal, as the case may be;

(c)

it shall be in the same size and style as the record of appeal and the core bundles with alphabetical lettering in the left hand margin at every fifth line, the first letter “A” being placed against the first line in each page, and with references in the right hand margin to the relevant pages of the record of appeal, the core bundle and any supplemental core bundle; and

(d)

care shall be taken to avoid, as far as possible, the recital of long extracts from the record of appeal or the core bundle.

(4) If a party —

(a)	is abandoning any point taken in the Court below; or
(b)	intends to apply in the course of the hearing for leave to introduce a new point not taken in the Court below,

this should be stated clearly in the Case, and if the new point referred to in sub-paragraph (b) involves the introduction of fresh evidence, this should also be stated clearly in the Case and an application for leave must be made under Rule 16 to adduce the fresh evidence.

(5) A respondent who, not having appealed from the decision of the Court below, desires to contend on the appeal that the decision of that Court should be varied in the event of an appeal being allowed in whole or in part, or that the decision of that Court should be affirmed on grounds other than those relied upon by that Court, must state so in his Case, specifying the grounds of that contention.

(6) Except with the leave of the Court of Appeal, a respondent shall not be entitled on the hearing of the appeal —

(a)	to contend that the decision of the Court below should be varied upon grounds not specified in his Case;
(b)	to apply for any relief not so specified; or
(c)	to support the decision of the Court below upon any grounds not relied upon by that Court or specified in his Case.

(7) A Case may be amended at any time with the leave of the Court of Appeal.

(8) Except to such extent as may be necessary to the development of the argument, a Case need not set out or summarise the judgment of the Court below, nor set out statutory provisions, nor contain an account of the proceedings below or of the facts of the case.

(9) Every Case must conclude with a numbered summary of the reasons upon which the argument is founded, and must bear the name and signature of the solicitor who has prepared the Case or who will appear before the Court of Appeal.

(10) The solicitor of any party, in drafting a Case, should assume that it will be read in conjunction with the documents included in the core bundle and any supplemental core bundle.

(11) All the appellants may join in one Appellants’ Case, and all the respondents may similarly join in one Respondents’ Case.

(12) A party whose interest in the appeal is passive (such as a stake-holder, a trustee or an executor) is not required to file a separate Case but should ensure that his position is explained in one of the Cases filed.

(13) The filing of a joint Case on behalf of both appellant and respondent may be permitted in special circumstances.

(14) [Deleted by S 612/98]

(15) No Case need be filed in any interlocutory matter or application to be heard by the Court of Appeal but Cases must be filed in any appeal arising from any interlocutory order.

(16) A party to an appeal shall file together with his Case a bundle of authorities relied on by the Court below as well as other authorities to be relied on at the hearing of the appeal and serve such bundle of authorities on the other party.

(17) A respondent who fails to file his Case within the time specified in paragraph (2) may be heard only with the leave of the Court of Appeal and on such terms and conditions as the Court of Appeal may impose.

(18) Where 2 or more appeals arise from the same judgment or order below, an appellant or respondent to one or more of the appeals may apply to a Judge of Appeal or, if one is not available, to a Judge (including the Judge hearing the proceedings in the Court below), for leave to file a single Case, record of appeal or core bundle covering all such appeals.

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