1.—(1) This Order applies to every appeal to the Appellate Division (including any appeal from any tribunal that lies to the Appellate Division under any written law, and any appeal transferred from the Court of Appeal to the Appellate Division) not being an appeal for which other provision is made by these Rules.
(2) In this Order, “Judge” has the meaning given by section 2 of the Supreme Court of Judicature Act (Cap. 322).
[S 1043/2020 wef 02/01/2021]
Application of Order to applications for new trial (O. 56A, r. 2)
2. This Order (except so much of Rule 5(1) as provides that an appeal is by way of rehearing and except Rule 15(1)) applies to an application to the Appellate Division for a new trial or to set aside a finding or judgment after trial, as it applies to an appeal to the Appellate Division, and references in this Order to an appeal and to an appellant are to be construed accordingly.
[S 1043/2020 wef 02/01/2021]
Application to Appellate Division for leave to appeal against decision of General Division (O. 56A, r. 3)
3.—(1) Subject to paragraph (2), an application to the Appellate Division for leave to appeal to the Appellate Division against a decision of the General Division must be made within 7 days after the date of the decision of the General Division.
(2) An application to the Appellate Division for leave to appeal to the Appellate Division against a decision to which section 29B of the Supreme Court of Judicature Act applies must be made within 7 days after —
(a)
in any case where the Judge who made the decision hears further arguments in respect of the decision — the date the Judge affirms, varies or sets aside the decision after hearing further arguments;
(b)
in any case where a request for further arguments was made, but the Judge who made the decision certifies, or is deemed to have certified, that no further arguments are required — the date the Judge certifies, or is deemed to have certified, that no further arguments are required; or
(c)
in any other case — the earlier of the following:
(i)
the time on which the judgment or order relating to the decision is extracted;
(ii)
the 15th day after the date on which the decision is made.
(3) Despite paragraphs (1) and (2), where —
(a)
a party has made an application to the Court of Appeal for leave to appeal against a decision of the General Division under Order 57, Rule 2A within the time provided under that Rule; and
(b)
the Court of Appeal has decided that the court from which leave to appeal must be obtained, or which may grant leave to appeal, is the Appellate Division,
that party may make an application to the Appellate Division for leave to appeal against the General Division’s decision mentioned in sub-paragraph (a) within 14 days after the date of the Registrar’s notification of the Court of Appeal’s decision mentioned in sub-paragraph (b).
(4) A party applying for leave under this Rule —
(a)
must file written submissions in accordance with practice directions issued by the Registrar; and
(b)
may file a bundle of documents comprising not more than 20 pages of documents that are relevant to the application and that were filed in the proceedings below, such as the whole or a part of the notes of evidence, pleadings and affidavits.
(5) The application and written submissions mentioned in paragraph (4)(a) and bundle of documents mentioned in paragraph (4)(b), if any, must be filed and served on all other parties to the proceedings in which the judgment or order was obtained, or on their solicitors.
(6) A party who wishes to oppose an application for leave under this Rule —
(a)
must file written submissions in accordance with practice directions issued by the Registrar; and
(b)
may, together with the written submissions mentioned in sub-paragraph (a), file a bundle of documents comprising not more than 20 pages of documents that are relevant to the application and that were filed in the proceedings below, such as the whole or a part of the notes of evidence, pleadings and affidavits,
within 7 days after the application, written submissions mentioned in paragraph (4)(a) and bundle of documents mentioned in paragraph (4)(b), if any, are served on the party.
(7) The written submissions mentioned in paragraph (6)(a) and bundle of documents mentioned in paragraph (6)(b), if any, must be served on all other parties to the proceedings in which the judgment or order was obtained, or on their solicitors.
(8) No affidavit is to be filed in an application for leave under this Rule without the leave of the Appellate Division.
(9) A party who has obtained leave to appeal to the Appellate Division under this Rule must file and serve a notice of appeal within one month after the date on which such leave is given.
[S 1043/2020 wef 02/01/2021]
Oral arguments in application to Appellate Division for leave to appeal (O. 56A, r. 4)
4.—(1) This Rule applies to all applications to the Appellate Division for leave to appeal to the Appellate Division against any decision of the General Division.
(2) No oral arguments are to be made in an application to which this Rule applies unless a notice under paragraph (3) states otherwise.
(3) For the purposes of an application to which this Rule applies, the Registrar must issue and serve on the parties a notice stating —
(a)
the Judges who will constitute the Appellate Division deciding the application;
(b)
whether oral arguments are to be made in the application; and
(c)
if oral arguments are to be made, the date on which the oral arguments are to be made.
(4) Where the Appellate Division consists of 2 Judges and is divided on whether to hear oral arguments in an application —
(a)
oral arguments are to be made; and
(b)
the Registrar must state in the notice under paragraph (3) that oral arguments are to be made in the application.
[S 1043/2020 wef 02/01/2021]
Notice of appeal (O. 56A, r. 5)
5.—(1) An appeal to the Appellate Division is by way of rehearing and must be brought by notice of appeal in Form 112.
(2) Notice of appeal may be given either in respect of the whole or in respect of any specified part of the judgment or order of the Court below; and every such notice must state whether the whole or part only, and what part, of the judgment or order is complained of, contain an address for service, and be signed by the appellant or his solicitor.
(3) To avoid doubt, any party who desires to contend that the decision of the Court below should be varied in any event must file and serve a notice of appeal.
(4) The appellant must at the time of filing the notice of appeal provide security for the respondent’s costs of the appeal in the sum of $15,000 for any appeal against an interlocutory order and in the sum of $20,000 for any other appeal 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 the appellant’s solicitor and filing a certificate in Form 117.
(5) Unless the Appellate Division otherwise orders, where costs are payable by the appellant to the respondent under any order made by the Appellate Division —
(a)
the deposit or sum held pursuant to the undertaking mentioned in paragraph (4)(a) or (b) is to be paid out without set-off to the respondent towards partial or total satisfaction (as the case may be) of such costs; and
(b)
the balance, if any, of the deposit or sum held pursuant to the undertaking is to be paid out to the appellant.
(6) Unless the Appellate Division otherwise orders, where no costs are payable by the appellant to the respondent under any order made by the Appellate Division —
(a)
the deposit referred to in paragraph (4)(a) is to be paid out to the appellant; or
(b)
the undertaking referred to in paragraph (4)(b) is to be discharged.
(7) The Appellate Division may at any time, in any case where it thinks fit, order further security for costs to be given.
(8) The Registrar must assign a number to the notice of appeal and enter the appeal on the list of appeals, stating in that list the title of the cause or matter, the name of the appellant and the appellant’s solicitor, if any, and the date of such entry.
(9) The notice of appeal must be served on all parties to the proceedings in the Court below who are directly affected by the appeal or their solicitors respectively at the time of filing the notice of appeal; and, subject to Rule 11, it is not necessary to serve the notice on parties not so affected.
[S 1043/2020 wef 02/01/2021]
Time for appealing (O. 56A, r. 6)
6. Subject to Rule 3(9), every notice of appeal must be filed and served under Rule 5(9) within one month after —
(a)
in the case of an appeal from an order in Chambers — the date when the order was pronounced or when the appellant first had notice of the order;
(b)
in the case of an appeal against the refusal of an application — the date of the refusal;
(c)
in a case where a request for further arguments has been made under section 29B(2) of the Supreme Court of Judicature Act — the date mentioned in section 29B(4)(b) of that Act; and
(d)
in any other case — the date on which the judgment or order appealed against was pronounced.
[S 1043/2020 wef 02/01/2021]
Record of proceedings (O. 56A, r. 7)
7.—(1) When a notice of appeal has been filed, the Judge who gave the judgment or made the order must, unless the judgment was written, certify in writing the grounds of the judgment or order.
(2) If no certified ground of the judgment or order has been given by the Judge within a period of 6 months after the date of the notice of appeal, the appellant must nonetheless proceed with the appeal and apply in writing to the Registrar for a copy of the record of proceedings as provided in paragraph (4).
(3) As soon as possible after notice of appeal has been filed, the Registrar must cause to be served on the appellant or his solicitor at his address for service specified in the notice of appeal a notice that a copy of the record of proceedings is available and thereupon the appellant or his solicitor must pay the prescribed fee.
(4) The record of proceedings consists of a certified copy of the judgment or grounds of judgment or order (if any), and a copy of the certified transcript of the official record of hearing taken at the hearing of the cause or matter.
[S 1043/2020 wef 02/01/2021]
Record of Appeal and Appellant’s Case (O. 56A, r. 8)
8.—(1) Within 2 months after service of the notice mentioned in Rule 7(3), the appellant must file —
(a)
one copy of the record of appeal;
(b)
subject to Rule 9, the Appellant’s Case referred to in that Rule; and
(c)
a core bundle of documents (referred to in this Order as the core bundle),
and serve a copy each of these documents on every respondent to the appeal or that respondent’s solicitor, except that if the appeal before the Appellate Division is to be heard by 2 Judges, these documents must be filed and served within one month after the date of service of the notice mentioned in Rule 7(3).
(2) The record of appeal is to consist of a copy each of —
(a)
the notice of appeal;
(b)
the certificate of payment of security for costs;
(c)
the record of proceedings referred to in Rule 7(4);
(d)
the affidavits of evidence-in-chief;
(e)
the documents in the nature of pleadings;
(f)
any other documents that are relevant to the matter decided and the nature of the appeal; and
(g)
the judgment or order appealed from.
(3) The core bundle must contain —
(a)
a copy of the grounds of the judgment or order referred to in Rule 7(1);
(b)
any other documents (including the whole or any portion of any notes of evidence, pleadings and affidavits) that are relevant to any question in the appeal or will be mentioned in the Appellant’s Case, the Respondent’s Case or the joint Case or at the appeal;
(c)
the judgment or order appealed from; and
(d)
an index of the documents included in the core bundle, which must cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(4) A draft index of the documents to be included in the record of appeal must be sent by the appellant’s solicitor to the solicitors for the respondents who or (if more than one) any of whom may within 3 days object to the inclusion or exclusion of any document.
(5) Where in the course of preparation of the record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant and the other party nevertheless insists on its being included, the record (as finally printed or typed) must, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to.
(6) Where an appellant omits to comply with paragraph (1), the appeal is deemed to have been withdrawn, but nothing in this Rule limits or restricts the powers of extending time conferred upon the Appellate Division.
(7) If all the parties to an appeal that is deemed to have been withdrawn under paragraph (6) consent to the payment —
(a)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the appellant, and the appellant files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the appellant or any solicitor’s undertaking is to be discharged; or
(b)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the respondent, and the respondent files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the respondent or any solicitor’s undertaking is to be discharged.
[S 1043/2020 wef 02/01/2021]
Preparation of Cases (O. 56A, r. 9)
9.—(1) The appellant must file the appellant’s Case (called in this Order the Appellant’s Case) within the time specified in Rule 8.
(2) The respondent must file the respondent’s Case (called in this Order the Respondent’s Case) —
(a)
within one month after service on the respondent 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 the respondent of the Appellant’s Case and the core bundle.
(3) 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 must file, at the same time as the Respondent’s Case, a supplemental core bundle (called in this Order the Respondent’s supplemental core bundle) which is to 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 must cross-refer each document to its location in the record of appeal or joint record of appeal, as the case may be.
(4) The form of the Case must comply with the following requirements:
(a)
it must consist of paragraphs numbered consecutively;
(b)
it must 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 of those contentions; and
(iv)
the reasons for or against the appeal, as the case may be;
(c)
it must 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 the Respondent’s supplemental core bundle (if any);
(d)
care must be taken to avoid, as far as possible, the recital of long extracts from the record of appeal or the core bundle.
(5) 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 mentioned 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 17 to adduce the fresh evidence.
(6) 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.
(7) An appellant must file an Appellant’s Reply within 2 weeks after service on the appellant of the Respondent’s Case where —
(a)
the respondent states in the Respondent’s Case that the decision of the Court below 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; and
(b)
the appellant disagrees with any of the grounds of contention of the respondent mentioned in sub-paragraph (a) as stated in the Respondent’s Case.
(8) The Appellant’s Reply must be limited to addressing the issues referred to in paragraph (7)(a) raised by the respondent in the Respondent’s Case.
(9) If the appellant intends to refer to any document in the Appellant’s Reply or at the appeal, and that document is not included in either the core bundle or the Respondent’s supplemental core bundle, the appellant must file, at the same time as the Appellant’s Reply, a supplemental core bundle (called in this Order the Appellant’s supplemental core bundle) containing —
(a)
any additional documents that are not included in the core bundle and the Respondent’s supplemental core bundle; and
(b)
an index of the documents included in the Appellant’s supplemental core bundle, which cross-refers each such document to its location in the record of appeal or joint record of appeal, as the case may be.
(10) Unless the context otherwise requires, this Rule and Rule 11 apply, with the necessary modifications, in relation to an Appellant’s Reply as they apply in relation to a Case.
(11) Except with the leave of the Appellate Division, a respondent is not 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 the Respondent’s 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 the Respondent’s Case.
(12) A Case may be amended at any time with the leave of the Appellate Division.
(13) 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.
(14) 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 Appellate Division.
(15) 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.
(16) All the appellants may join in one Appellants’ Case, and all the respondents may similarly join in one Respondents’ Case.
(17) 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.
(18) The filing of a joint Case on behalf of both appellant and respondent may be permitted in special circumstances.
(19) No Case need be filed in any interlocutory matter or application to be heard by the Appellate Division, but Cases must be filed in any appeal arising from any interlocutory order.
(20) A party to an appeal must file together with the party’s 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.
(21) A respondent who fails to file the Respondent’s Case within the time specified in paragraph (2) may be heard only with the leave of the Appellate Division and on such terms and conditions as the Appellate Division may impose.
(22) Except with the leave of the Appellate Division, a party cannot file any bundle of documents for an appeal before the Appellate Division, other than —
(a)
the core bundle;
(b)
the Respondent’s supplemental core bundle; or
(c)
the Appellant’s supplemental core bundle.
[S 1043/2020 wef 02/01/2021]
Related appeals (O. 56A, r. 10)
10.—(1) Where there are related appeals in the Appellate Division, the Appellate Division may give directions for the filing and service of a joint record of appeal, joint Cases, a joint core bundle, a joint bundle of authorities, or any other joint document, being a joint version of a document required (in this Order or any practice directions issued by the Registrar) to be filed and served for an appeal before the Appellate Division.
(2) The directions in paragraph (1) may be given by the Appellate Division on its own motion or on the application or request of any party to any of the related appeals.
[S 1043/2020 wef 02/01/2021]
Directions of Court as to service (O. 56A, r. 11)
11.—(1) The Appellate Division may in any case direct that the record of appeal, the core bundle, any supplemental core bundle and the Cases be served on any party to the proceedings in the Court below on whom it has not been served, or on any person not party to those proceedings.
(2) In any case in which the Appellate Division directs the record of appeal, the core bundle, any supplemental core bundle and the Cases to be served on any party or person, the Court may also direct that a Case be filed by such party or person.
(3) The Appellate Division may in any case where it gives a direction under this Rule —
(a)
postpone or adjourn the hearing of the appeal for such period and on such terms as may be just; and
(b)
give such judgment and make such order on the appeal as might have been given or made if the persons served pursuant to the direction had originally been parties.
[S 1043/2020 wef 02/01/2021]
Transfer of appeal under section 29D(1)(a) of Supreme Court of Judicature Act (O. 56A, r. 12)
12.—(1) For the purposes of section 29D(2)(c)(ii) of the Supreme Court of Judicature Act, the Court of Appeal may exercise its power under section 29D(1)(a) of that Act, on an application to the Court of Appeal to transfer an appeal that has been made to the Appellate Division, on the ground that it is more appropriate for the Court of Appeal to hear the appeal.
(2) For the purposes of section 29D(3) of the Supreme Court of Judicature Act, the Court of Appeal may, on its own motion or on a reference by the Appellate Division, exercise its power under section 29D(1)(a) of that Act only where —
(a)
the appeal was not made to the Appellate Division in accordance with section 29C of that Act;
(b)
it is more appropriate for the Court of Appeal to hear the appeal; or
(c)
one or more of the legal issues raised in the appeal engage one or more of the matters set out in the Sixth Schedule to that Act.
(3) For the purposes of paragraphs (1) and (2)(b), when determining whether it is more appropriate for the Court of Appeal to hear an appeal that has been made to the Appellate Division, the Court of Appeal may have regard to one or more of the following matters:
(a)
whether the proceedings relate to a matter of national or public importance;
(b)
whether the appeal will raise a point of law of public importance;
(c)
the complexity and novelty of the issues in the appeal;
(d)
whether there is a decision of the Court of Appeal in relation to a point of law raised in the appeal which may be material to the outcome of the appeal;
(e)
whether there are conflicting judicial decisions;
(f)
the significance of the results of the proceedings;
(g)
any other relevant matter.
(4) An application under section 29D(2)(c)(i) of the Supreme Court of Judicature Act must be made in accordance with Order 57, Rule 16, and must be filed and served within 14 days after the date of service of the notice of appeal on the respondents in the appeal.
(5) An application under section 29D(2)(c)(ii) of the Supreme Court of Judicature Act must be made in accordance with Order 57, Rule 16, and must be filed and served no later than 14 days after the date of service of the Respondent’s Case.
[S 1043/2020 wef 02/01/2021]
Withdrawal of appeal (O. 56A, r. 13)
13.—(1) An appellant may at any time before his appeal is called on for hearing, file and serve on the parties to the appeal a notice to the effect that he does not intend further to prosecute the appeal.
(2) If all parties to the appeal consent to the intended withdrawal of the appeal, the appellant must file the document signifying such consent signed by the parties or by their solicitors, and upon the filing of that document, the appeal is deemed to have been withdrawn and is to be struck out of the list of appeals by the Registrar.
(3) If all the parties to the appeal that has been deemed withdrawn and struck out under paragraph (2) consent to the payment —
(a)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the appellant, and the appellant files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the appellant or any solicitor’s undertaking is to be discharged; or
(b)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the appeal to the respondent, and the respondent files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the appeal is to be paid out to the respondent or any solicitor’s undertaking is to be discharged.
(4) If any party to the appeal does not consent to the intended withdrawal of the appeal —
(a)
the appellant, or any other party to the appeal, may apply in writing to the Appellate Division —
(i)
for directions on any issue as to costs or otherwise that remains outstanding between the parties to the appeal; 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 appeal;
(b)
no oral arguments are to be made in an application under sub-paragraph (a) unless the Court otherwise directs; and
(c)
the Registrar may, upon receiving an application under sub-paragraph (a) —
(i)
remove the appeal from the list of appeals; and
(ii)
give directions on the making of written submissions for the application.
(5) Except as provided under paragraph (4), if any party to the appeal does not consent to the intended withdrawal of the appeal —
(a)
the appeal remains on the list of appeals; and
(b)
the Appellate Division may, at the hearing of the appeal —
(i)
decide any issue as to costs or otherwise that remains outstanding between the parties to the appeal; 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 appeal.
[S 1043/2020 wef 02/01/2021]
General powers of Court (O. 56A, r. 14)
14.—(1) In hearing and deciding an appeal, the Appellate Division has all the powers and duties, as to amendment or otherwise, of the General Division.
(2) The powers of the Appellate Division under paragraph (1) and section 41(3) to (6) of the Supreme Court of Judicature Act may be exercised despite that —
(a)
no notice of appeal has been given in respect of any particular part of the decision of the Court below or by any particular party to the proceedings in that Court; or
(b)
any ground for allowing the appeal or for affirming or varying the decision of that Court is not specified in any of the Cases filed pursuant to Rule 9 or 11,
and the Appellate Division may make any order, on such terms as the Appellate Division thinks just, to ensure the determination on the merits of the real question in controversy between the parties.
(3) The powers of the Appellate Division in respect of an appeal are not to be restricted by reason of any interlocutory order from which there has been no appeal.
[S 1043/2020 wef 02/01/2021]
Powers of Court as to new trial (O. 56A, r. 15)
15.—(1) On the hearing of any appeal, the Appellate Division may, if it thinks fit, make any such order as could be made pursuant to an application for a new trial or to set aside any finding or judgment of the Court below.
(2) In any appeal on the ground that damages awarded are excessive or inadequate, the Appellate Division may —
(a)
substitute for the sum awarded such sum as appears to the Appellate Division to be proper; or
(b)
reduce or increase the sum awarded by such amount as appears to the Appellate Division to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded.
(3) A new trial is not to be ordered by reason of the ruling of any Judge that a document is sufficiently stamped or does not require to be stamped.
[S 1043/2020 wef 02/01/2021]
Interest on stay of execution pending appeal (O. 56A, r. 16)
16. On an appeal from the General Division, interest for such time as execution has been delayed by the appeal must be allowed unless the General Division or Appellate Division otherwise orders.
[S 1043/2020 wef 02/01/2021]
Applications to Appellate Division (O. 56A, r. 17)
17.—(1) Except where this Order provides otherwise, every application to the Appellate Division is to be made either by originating summons or, in an appeal before the Appellate Division, by summons.
(2) Except where Rule 3(8) and paragraph (15) provide otherwise, a party to an application to the Appellate Division 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.
(3) An affidavit is not to be received in evidence in an application to the Appellate Division unless —
(a)
the affidavit is —
(i)
the supporting affidavit for the application; or
(ii)
an affidavit filed in accordance with Rule 3(8) or paragraph (2) or (15) (as the case may be) in opposition to the application, or in reply to the supporting affidavit for the application; or
(b)
the Appellate Division gives leave for the affidavit to be received in evidence in the application.
(4) Where an appeal is to be made to the Appellate Division, and an ex parte application has been refused by the Court below, an application for a similar purpose may be made to the Appellate Division ex parte within 7 days after the date of the refusal.
(5) Whenever under these Rules an application may be made either to the Court below or to the Appellate Division, it must not be made in the first instance to the Appellate Division, except where there are special circumstances that make it impossible or impracticable to apply to the Court below.
(6) Where a party files an application to be heard by the Appellate Division, and Rule 5(4) 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 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 the party’s solicitor and filing a certificate in Form 117.
(7) Paragraph (6) does not apply to any application filed in a pending appeal before the Appellate Division, where security for the respondent’s costs of the appeal has been previously provided under Rule 5(4).
(8) An applicant may at any time before his application is dealt with by the Appellate Division, file and serve on the parties to the application a notice to the effect that he does not intend further to prosecute the application.
(9) 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 solicitors, and upon the filing of that document, the application is deemed to have been withdrawn and is to be struck out of the list of appeals by the Registrar.
(10) If all parties to the application deemed withdrawn and struck out under paragraph (9) consent to the payment —
(a)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the application to the applicant, and the applicant files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the application is to be paid out to the applicant or any solicitor’s undertaking is to be discharged; or
(b)
of any sum lodged in Court or any sum held pursuant to a solicitor’s undertaking as security for the costs of the application to the respondent, and the respondent files the document signifying such consent signed by the parties or by their solicitors, then any sum lodged in Court as security for the costs of the application is to be paid out to the respondent or any solicitor’s undertaking is to be discharged.
(11) 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 unless the Court otherwise directs; 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.
(12) Except as provided under paragraph (11), 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 Appellate Division 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.
(13) Any application to the Appellate Division to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application.
(14) The summons and the supporting affidavit mentioned in paragraph (13) 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.
(15) A party to the application mentioned in paragraph (13), who wishes to reply to the applicant’s affidavit, must file and serve that party’s affidavit in reply, on the applicant and the other parties to the application, within 14 days after the date of service of the applicant’s summons and affidavit on that party.
(16) No further affidavit is to be received in evidence without the leave of the Appellate Division.
[S 1043/2020 wef 02/01/2021]
Powers in section 40(1) of Supreme Court of Judicature Act exercisable by Registrar (O. 56A, r. 18)
18.—(1) The Registrar may exercise the powers of the Appellate Division in section 40(1)(a) of the Supreme Court of Judicature Act in the following circumstances:
(a)
where the direction or order is for the extension of time to file or serve a record of appeal, a core bundle, an Appellant’s Case or a Respondent’s Case, and all of the parties consent to the making of the direction or order;
(b)
where the direction or order is for the extension of time to file or serve any of the following documents:
(i)
a supplemental core bundle, a bundle of authorities or an Appellant’s Reply in an appeal;
(ii)
written submissions required (under practice directions issued by the Registrar) to be filed and served for an application, or an affidavit in an application;
(c)
where the direction is a direction under Rule 10(1);
(d)
where the direction or order is for the amendment of any of the following documents, and all of the parties consent to the making of the direction or order:
(i)
a notice of appeal, a record of appeal, an Appellant’s Case, a Respondent’s Case, a core bundle, a supplemental core bundle or a bundle of authorities in an appeal;
(ii)
any written submissions required (under practice directions issued by the Registrar) to be filed and served for an application;
(e)
where the direction or order relates to expunging any document filed for any appeal or application, and all of the parties consent to the making of the direction or order, and for consequential directions in relation to the direction or order;
(f)
where the direction or order relates to rescheduling any hearing.
(2) An application to vary or discharge any direction or order of the Registrar under paragraph (1) may be made, to a single Judge sitting in the Appellate Division, within 7 days after the date on which that direction or order is made, and the decision of that Judge is final.
[S 1043/2020 wef 02/01/2021]
Application for leave under section 40(4) of Supreme Court of Judicature Act (O. 56A, r. 19)
19. An application for the leave of a Judge under section 40(4)(b) of the Supreme Court of Judicature Act, to make an application to discharge or vary any direction or order mentioned in section 40(4)(a) of that Act, must be filed within 7 days after the date on which that direction or order is made.
[S 1043/2020 wef 02/01/2021]
Extension of time (O. 56A, r. 20)
20. Without prejudice to the power of the Appellate Division under Order 3, Rule 4 to extend the time prescribed by any provision of this Order, the period for filing and serving the notice of appeal under Rule 6, or for making an application ex parte under Rule 17(4), may be extended by the Court below on application made before the expiration of that period.
[S 1043/2020 wef 02/01/2021]
Appellant or respondent not appearing (O. 56A, r. 21)
21.—(1) If on any day fixed for the hearing of an appeal, the appellant does not appear in person or by an advocate, the appeal may be dismissed.
(2) If the appellant appears, and any respondent fails to appear, either in person or by an advocate, the appeal must proceed in the absence of such respondent, unless the Appellate Division for any sufficient reason sees fit to adjourn the hearing of the appeal.
(3) Where any appeal is dismissed or allowed under paragraph (1) or (2), the party who was absent may apply to the Appellate Division for the rehearing of the appeal; and where it is proved that there was sufficient reason for the absence of such party, the Appellate Division may order that the appeal be restored for hearing upon such terms as to costs or otherwise as the Appellate Division thinks fit.
[S 1043/2020 wef 02/01/2021]
Judgment (O. 56A, r. 22)
22.—(1) Subject to paragraphs (3) and (4), the judgment of the Appellate Division must be pronounced in open Court, either on the conclusion of the hearing of the appeal or application or on a subsequent day of which notice must be given by the Registrar to the parties to the appeal or application.
(2) The judgment of the Appellate Division may be pronounced in the absence of any of the Judges who composed the Appellate Division, and the judgment of such Judge may be read by any Judge present.
(3) Whenever the Appellate Division has a written judgment or judgments to be delivered, it may deliver the judgment or judgments by directing copies of the judgment to be handed to the parties or their solicitors upon payment of the appropriate charges.
(4) Where the Appellate Division decides an appeal or application without hearing oral arguments, the Appellate Division may direct the Registrar to inform the parties of the decision of the Appellate Division.
(5) Subject to paragraph (6), where proceedings in the Appellate Division are heard in camera pursuant to any written law, any judgment pronounced or delivered in such proceedings must not be available for public inspection.
(6) Despite paragraph (5), the Appellate Division may, on such terms as it may impose, allow an inspection of such judgment by, or a copy of such judgment to be furnished to, a person who is not a party to the proceedings.
(7) Subject to paragraph (5), a copy of every judgment of the Appellate Division is to be available for public inspection upon payment of the prescribed fee, and a copy of the judgment may be handed to any member of the public upon payment of the appropriate charges, and nothing in Order 60, Rule 4 applies to this Rule.
[S 1043/2020 wef 02/01/2021]
Consent judgment or order (O. 56A, r. 23)
23.—(1) In any appeal or application to the Appellate Division, the parties may inform the Registrar in writing that they wish to record a consent judgment or order without appearing before the Appellate Division.
(2) For the purposes of paragraph (1), the parties must inform the Registrar of the terms of the consent judgment or order that they wish to record.
(3) The Appellate Division may record the consent judgment or order without requiring the parties to appear before the Appellate Division.
(4) Where the Appellate Division has recorded a consent judgment or order under paragraph (3), the Registrar must inform the parties of —
(a)
the recording of the consent judgment or order; and
(b)
the Judge or Judges who constituted the Appellate Division.
[S 1043/2020 wef 02/01/2021]
Expedited appeals and applications (O. 56A, r. 24)
24.—(1) Where an appeal or application is one of urgency, any party may apply to a Judge sitting in the Appellate Division or, if one is not available, to a Judge sitting in the General Division (including the Judge hearing the proceedings in the Court below), for such directions as may be appropriate with a view to expediting the appeal or application for hearing before the Appellate Division.
(2) Such an application must be made by summons supported by affidavit or may, with the leave of the Judge to whom the application is made, be made orally.
(3) Such an application may be made at any stage of the proceedings.
(4) The Judge to whom the application is made may deal with such an application in such manner as he considers fit in the interests of justice, including —
(a)
making directions without the need to inform or to hear any party; and
(b)
dispensing with compliance with any of these Rules (including this Rule) or any Practice Direction, or directing that such Rule or Practice Direction be modified in its application to the proceedings.
(5) Any party seeking a revocation or variation of any directions made under this Rule, or seeking further directions, may apply in the manner provided in this Order.
