Division 4 — Case management
Directions
19.—(1)  The Board may at any time, whether at a case management conference or otherwise, on the request of a party or of its own initiative, give one or more of the directions referred to in paragraph (2), or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the appeal proceedings.
(2)  Without prejudice to the generality of paragraph (1), the Board may give directions —
(a)as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing;
(b)that the parties file a reply, rejoinder or other additional pleadings or particulars;
(c)for the preparation and exchange of skeletal arguments;
(d)for the filing by the appellant or the Commission of a core bundle or core bundles comprising a copy of every document on which the appellant or the Commission (as the case may be) rely, including the written statements of all witnesses of fact and expert witnesses (if any);
(e)requiring any person to attend the hearing and give evidence or to produce documents;
(f)as to the evidence which may be required or admitted in proceedings before the Board and the extent to which it shall be oral or written;
(g)as to the submission of witness statements or expert reports before the hearing;
(h)as to the examination or cross-examination of witnesses;
(i)as to the abridgement or extension of any time limit;
(j)to enable the decision which is the subject of the appeal to be referred back in whole or in part to the Commission;
(k)for the disclosure between, or the production by, the parties of documents or classes of documents;
(l)for the appointment and instruction of experts, whether by the Board or by the parties, and the manner in which expert evidence is to be given;
(m)for the award of costs or expenses, including any allowance payable to persons in connection with their attendance before the Board; and
(n)for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person.
(3)  The Board may, in particular, of its own initiative —
(a)put questions to the parties and the witnesses;
(b)invite the parties to make written or oral submissions on certain aspects of the proceedings;
(c)ask the parties or third parties for information or particulars;
(d)ask for any document relating to the appeal to be produced; and
(e)summon the parties or their representatives to meetings.
(4)  A request by a party for directions shall be —
(a)made in writing as soon as practicable; and
(b)served by the Secretary on any other party who may be affected by such directions, as determined by the Board after taking into account the submissions (if any) of the parties.
Case management conference
20.—(1)  The Board may at any time, on the request of a party or of its own initiative, give directions for a case management conference to be held where it appears to the Board that any appeal proceedings would be facilitated by holding such a conference and, in particular —
(a)to ensure the efficient conduct of the proceedings;
(b)to determine the points on which the parties have to present further arguments or which call for further evidence to be produced;
(c)to clarify the terms of the orders sought by the parties, their arguments of fact and law and the points at issue between them;
(d)to ensure that all agreements reached between the parties about the matters in issue and the conduct of the proceedings are recorded; or
(e)to facilitate the settlement of the proceedings.
(2)  Unless the Board otherwise directs, a case management conference shall be held as soon as practicable after the filing of the defence by the Commission.
(3)  A case management conference shall be held in private unless the Board otherwise directs.
Timetable for oral hearing
21.  As soon as practicable, the Board shall —
(a)set a timetable outlining the steps to be taken by the parties in preparation for the oral hearing of the appeal, whether pursuant to the directions of the Board or otherwise;
(b)fix the date for the oral hearing;
(c)notify the parties in writing of the date and place for the oral hearing and of any timetable for that hearing; and
(d)if it considers it necessary for the expeditious disposal of the appeal, send the parties a report which contains a summary of the factual context of the case and the parties’ principal submissions.
Evidence
22.—(1)  The Board —
(a)shall have control of the evidence at the hearing of an appeal;
(b)shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other written law relating to evidence; and
(c)may give directions as to —
(i)the issues on which it requires evidence;
(ii)the nature of the evidence which it requires to decide those issues; and
(iii)the manner in which the evidence is to be placed before the Board.
(2)  The Board may admit or exclude evidence, whether or not the evidence was available when the contested decision was made.
(3)  The Board may require any witness to give evidence on oath or affirmation, or by way of affidavit.
(4)  The Board may allow a witness to give evidence through a video link or by other means.
(5)  The Board may dispense with the need to call a witness to give oral evidence if a witness statement has been submitted in respect of that witness.
(6)  The Board may, at any time before notifying the appellant of its decision, call for such further evidence or explanation from all or any of the parties to be given, in the presence of the other party or parties, as it may consider necessary.
Summoning of witnesses
23.—(1)  Subject to paragraphs (2) and (3), the Board may at any time, on the request of a party or of its own initiative, issue a summons requiring any person in Singapore to do either or both of the following:
(a)attend as a witness before the Board, at the time and place set out in the summons;
(b)answer any question, or produce any document or other material in his possession or under his control, which relate to any issue or matter in question in the appeal proceedings.
(2)  A request by a party for the issue of a summons under this regulation shall be made to the Secretary with the appropriate fee specified in the Schedule, and shall state —
(a)the name and address of the witness to be called; and
(b)the facts upon which the witness is to be examined and the reasons for the examination, the documents required to be produced by the witness and the reasons for their production, or both.
(3)  No person may be required to attend in compliance with a summons under this regulation unless —
(a)he has been served personally with the summons by the person requiring him to attend before the Board; and
(b)he is paid such sum as would be recoverable in respect of his attendance if the proceedings were proceedings before a District Court.
Failure to comply with directions
24.  If a party to any appeal proceedings fails to comply with any direction given by the Board in accordance with these Regulations, the Board may, if it considers that the justice of the case so requires, order that such party be debarred from taking any further part in the proceedings without the permission of the Board.