16.—(1) Every application to the Court of Appeal shall be made either by originating summons or, in an appeal before the Court of Appeal, by summons.
(2) Any application to the Court of Appeal for leave to appeal (other than an application made after the expiration of the time for appealing) must, if the appellant is acting in person, be made ex parte in the first instance; but unless the application is then dismissed or it appears to that Court that undue hardship would be caused by an adjournment, the Court shall adjourn the application and give directions for the service of the application on the party or parties affected.
(3) Where an ex parte application has been refused by the Court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.
(4) Whenever under these Rules an application may be made either to the Court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the Court below.
(5) Where a party files an application to be heard by the Court of Appeal, and Rule 3(3) does not apply, the party must at the time of filing the application provide security for the opposing party’s costs of the application in the sum of $5,000 or such other sum as may be fixed from time to time by the Chief Justice by —
(a)
depositing the sum in the Registry or with the Accountant‑General and obtaining a certificate in Form 115; or
(b)
procuring an undertaking in Form 116 from his solicitor and filing a certificate in Form 117.
(6) Paragraph (5) shall not apply to any application filed in a pending appeal before the Court of Appeal, where security for the respondent’s costs of the appeal has been previously provided under Rule 3(3).
(7) An applicant may at any time before his application is called on for hearing, file and serve on the parties to the application a notice to the effect that he does not intend further to prosecute the application.
(8) If all parties to the application consent to the intended withdrawal of the application, the applicant must file the document signifying such consent signed by the parties or by their solicitor, and the application shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar; in such event any sum lodged in Court as security for the costs of the application shall be paid out to the applicant or any solicitor’s undertaking shall be discharged.
(9) If any party does not consent to the intended withdrawal of the application, the application shall remain on the list, and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties, and for the making of an order as to the disposal of any sum lodged in Court or sum held pursuant to any solicitor’s undertaking as security for the costs of the application.
(10) Any application to the Court of Appeal to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application.
(11) The summons and the supporting affidavit referred to in paragraph (10) must be filed and served by the applicant on the parties to the application within 14 days after service of the notice of appeal on the applicant.
(12) A party to the application referred to in paragraph (11), who wishes to reply to the applicant’s affidavit, must file and serve his affidavit in reply, on the applicant and the other parties to the application, within 14 days after service of the applicant’s summons and affidavit on that party.
(13) No further affidavit shall be received in evidence without the leave of the Court of Appeal.
Informal Consolidation | Amended S 850/2018
Applications to Court of Appeal (O. 57, r. 16)
16.—(1) Except where this Order provides otherwise, every application to the Court of Appeal shall be made either by originating summons or, in an appeal before the Court of Appeal, by summons.
[S 850/2018 wef 01/01/2019]
(2) Except where Rule 2A(5) and paragraph (12) provide otherwise, a party to an application to the Court of Appeal must, if the party wishes to file an affidavit in opposition to the application, file that affidavit within such period as may be specified in practice directions issued by the Registrar.
[S 850/2018 wef 01/01/2019]
(2A) An affidavit is not to be received in evidence in an application to the Court of Appeal unless —
(a)
the affidavit is —
(i)
the supporting affidavit for the application; or
(ii)
an affidavit filed in accordance with Rule 2A(5) or paragraph (2) or (12) (as the case may be) in opposition to the application, or in reply to the supporting affidavit for the application; or
(b)
the Court of Appeal gives leave for the affidavit to be received in evidence in the application.
[S 850/2018 wef 01/01/2019]
(2B) Where the Court of Appeal decides an application without hearing oral arguments —
(a)
the judgment of the Court of Appeal may be delivered in accordance with Rule 19; or
(b)
the Court of Appeal may direct the Registrar to inform the parties of the Court’s decision.
[S 850/2018 wef 01/01/2019]
(3) Where an ex parte application has been refused by the Court below, an application for a similar purpose may be made to the Court of Appeal ex parte within 7 days after the date of the refusal.
(4) Whenever under these Rules an application may be made either to the Court below or to the Court of Appeal, it shall not be made in the first instance to the Court of Appeal, except where there are special circumstances which make it impossible or impracticable to apply to the Court below.
(5) Where a party files an application to be heard by the Court of Appeal, and Rule 3(3) does not apply, the party must at the time of filing the application provide security for the opposing party’s costs of the application in the sum of $5,000 or such other sum as may be fixed from time to time by the Chief Justice by —
(a)
depositing the sum in the Registry or with the Accountant‑General and obtaining a certificate in Form 115; or
(b)
procuring an undertaking in Form 116 from his solicitor and filing a certificate in Form 117.
(6) Paragraph (5) shall not apply to any application filed in a pending appeal before the Court of Appeal, where security for the respondent’s costs of the appeal has been previously provided under Rule 3(3).
(7) An applicant may at any time before his application is dealt with by the Court of Appeal, file and serve on the parties to the application a notice to the effect that he does not intend further to prosecute the application.
[S 850/2018 wef 01/01/2019]
(8) If all parties to the application consent to the intended withdrawal of the application, the applicant must file the document signifying such consent signed by the parties or by their solicitor, and the application shall thereupon be deemed to have been withdrawn and shall be struck out of the list of appeals by the Registrar; in such event any sum lodged in Court as security for the costs of the application shall be paid out to the applicant or any solicitor’s undertaking shall be discharged.
(9) If any party to the application does not consent to the intended withdrawal of the application —
(a)
the applicant, or any other party to the application, may request in writing —
(i)
for directions on any issue as to costs or otherwise that remains outstanding between the parties to the application; and
(ii)
for an order as to the disposal of any sum lodged in Court or held pursuant to any solicitor’s undertaking as security for the costs of the application;
(b)
after a request under sub-paragraph (a) is made, no oral arguments are to be made in the application; and
(c)
the Registrar may, upon receiving a request under sub-paragraph (a) —
(i)
remove the application from the list of appeals; and
(ii)
give directions on the making of written submissions for the application.
[S 850/2018 wef 01/01/2019]
(9A) Except as provided under paragraph (9), if any party to the application does not consent to the intended withdrawal of the application —
(a)
the application remains on the list of appeals; and
(b)
the Court of Appeal may, at the hearing of the application —
(i)
decide any issue as to costs or otherwise that remains outstanding between the parties to the application; and
(ii)
make an order as to the disposal of any sum lodged in Court or held pursuant to any solicitor’s undertaking as security for the costs of the application.
[S 850/2018 wef 01/01/2019]
(10) Any application to the Court of Appeal to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application.
(11) The summons and the supporting affidavit referred to in paragraph (10) must be filed and served by the applicant on the parties to the application within 14 days after service of the notice of appeal on the applicant.
(12) A party to the application referred to in paragraph (11), who wishes to reply to the applicant’s affidavit, must file and serve his affidavit in reply, on the applicant and the other parties to the application, within 14 days after service of the applicant’s summons and affidavit on that party.
(13) No further affidavit shall be received in evidence without the leave of the Court of Appeal.
