APPEALS FROM APPLICATIONS IN ACTIONS,
REGISTRAR’S DECISIONS AND TRIALS OF
ORIGINATING APPLICATION BY DISTRICT
JUDGE OR MAGISTRATE |
[S 206/2022 wef 01/04/2022] | Scope of this Order (O. 18, r. 1) |
1.—(1) This Order applies to and in relation to —| (a) | every appeal from —| (i) | a decision made on an application in an action; | | (ii) | a decision made on an appeal against a decision mentioned in sub‑paragraph (i); | | (iii) | a decision made on an appeal against a decision mentioned in sub‑paragraph (ii); | | (iv) | a decision made by the Registrar other than a decision mentioned in sub-paragraph (i), including a decision made on an assessment of damages or the taking of accounts, or in a hearing on the merits of an originating application; [S 206/2022 wef 01/04/2022] | | (iva) | a decision made by a District Judge or Magistrate in a hearing on the merits of an originating application, including any application taken out or heard on the same day as such hearing or at any time after the commencement of such hearing until the giving of the decision; or [S 206/2022 wef 01/04/2022] | | (v) | a decision of an appellate Court on an application by summons in an appeal under this Order or Order 19; and |
| | (b) | an application to the appellate Court relating to an appeal to the appellate Court under this Order. |
(2) In this Order, an application in an action —| (a) | includes any application —| (i) | taken out after the action is commenced; | | (ii) | made for any consequential or incidental matter after judgment is given in the trial of an originating claim or the hearing on the merits in an originating application; or | | (iii) | for the enforcement of the judgment or order; and |
| | (b) | excludes —| (i) | any application taken out or heard on the same day as the hearing on the merits of an originating claim or an originating application, or at any time after the commencement of such hearing until the giving of the judgment (except an application mentioned in paragraph (1)(a)(iva)); and [S 206/2022 wef 01/04/2022] | | (ii) | any matter under appeal which is within the scope of Order 19. |
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| General matters and structure of this Order (O. 18, r. 2) |
2.—(1) This Order is subject to any written law on the right to appeal and any requirement to apply for permission to appeal.| (2) Division 2 of this Order concerns appeals from the Registrar to the District Judge in proceedings in the State Courts. |
| (3) Division 3 of this Order concerns appeals from the District Judge and Magistrate to the General Division. |
| (4) Division 4 of this Order concerns appeals from the Registrar to the Judge in proceedings in the General Division. |
| (5) Division 5 of this Order concerns appeals to the Appellate Division or the Court of Appeal (including appeals transferred between the Appellate Division and the Court of Appeal), appeals from the Appellate Division to the Court of Appeal, and applications to the Appellate Division or the Court of Appeal relating to such appeals. |
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| When time for appeal starts to run (O. 18, r. 3) |
| 3.—(1) Subject to any written law and paragraphs (1A) and (2), unless the Court otherwise orders, the time for the filing of an appeal or for the filing of an application for permission to appeal does not start to run until after the lower Court has heard and determined all matters in an application, including costs. [S 37/2024 wef 01/02/2024] | (1A) Where the lower Court does not hear and determine the issue of costs within 30 days after the lower Court has heard and determined all other matters in the application, the time for the filing of an appeal or for the filing of an application for permission to appeal starts to run after the expiry of the 30‑day period, even if the lower Court has directed that submissions on costs be made. [S 37/2024 wef 01/02/2024] |
(2) For the purposes of this Rule —| (a) | the lower Court is deemed to have heard and determined the issue of costs when it has —| (i) | decided on the parties’ entitlement to costs, even if the amount of costs or disbursements has not been determined; | | (ii) | ordered that costs be assessed; | | (iii) | ordered that costs be reserved; or | | (iv) | decided that there is to be no order as to costs or that each party is to bear its own costs; |
[S 37/2024 wef 01/02/2024] | | (b) | subject to sub‑paragraph (c), in the case of a single application pending trial dealing with more than one matter, for the purposes of paragraph (1), time does not run until all matters have been heard and determined; | | (c) | in the case of a single application pending trial, where one or more matters dealt with in the single application pending trial are to be heard before the Registrar and one or more other matters are to be heard before the Judge —| (i) | the time for filing of an appeal against a decision of the Registrar runs when the Registrar has heard and determined all the matters to be heard before the Registrar, although there are matters before the Judge that may not have been heard and determined yet; and | | (ii) | for the purposes of determining when the time starts to run for the filing of an appeal or for the filing of an application for permission to appeal against a decision on a matter heard before the Judge, the lower Court is treated as having heard and determined all matters in the single application pending trial when the Judge has heard and determined all the matters before the Judge, including any appeal against a decision of the Registrar on a matter before the Registrar; and [S 37/2024 wef 01/02/2024] |
| | (d) | for the purposes of sub‑paragraphs (b) and (c), in the case of a single application pending trial dealing with more than one matter, where a request is made for the Court (not including the Registrar) to hear further arguments in respect of any decision on a matter, the time for the filing of an appeal or for the filing of an application for permission to appeal against the decisions on all matters does not begin to run until that Court —| (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. |
[S 37/2024 wef 01/02/2024] |
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| One appeal for each application (O. 18, r. 4) |
4.—(1) Subject to paragraph (2), each party is allowed to file only one appeal for each application unless the Court otherwise orders.| (2) In the case of a single application pending trial dealing with more than one matter and where permission to appeal is required for one or more of the matters, each party must file a separate notice of appeal for matters which require permission to appeal, and for matters which do not require permission to appeal. |
| (3) Where several applications are heard together, each party may file one appeal in respect of all the applications heard together. |
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| Permission to intervene (O. 18, r. 5) |
5.—(1) A person who is not a party in the appeal may apply to intervene in the appeal with the permission of the appellate Court.| (2) The application for permission to intervene and the supporting affidavit must be filed and served on all parties who have an interest in the appeal. |
| (3) The supporting affidavit must set out the applicant’s interest in the appeal. |
| (4) The appellate Court may impose conditions when the appellate Court grants permission to intervene, including ordering the intervening party to provide security for costs to any or all of the parties in the appeal. |
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| Stay of enforcement, etc. (O. 18, r. 6) |
6.—(1) Except so far as the lower Court or the appellate Court may otherwise direct, an appeal does not operate as a stay of enforcement or of proceedings under the decision of the lower Court.| (2) Except so far as the appellate Court may otherwise direct, no intermediate act or proceeding is to be invalidated by an appeal. |
| (3) On an appeal, interest for such time as enforcement has been delayed by the appeal is to be allowed unless the lower Court or the appellate Court otherwise orders. |
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| Appeal to be heard in chambers (O. 18, r. 7) |
| 7. Subject to Order 15, Rule 1(3) and any other provision of these Rules, any other written law or practice directions, appeals must be heard in chambers. |
| Powers of appellate Court (O. 18, r. 8) |
8.—(1) The appellate Court may order any party to serve any document on a non‑party to the appeal and give directions for the non‑party to state its case by affidavit, written submissions or any other means.| (2) The appellate Court may allow or invite any non‑party to the appeal to give that non‑party’s views on any matter in the appeal and may make costs orders in relation to the non‑party. |
| (3) At the hearing of the appeal, the parties are allowed to make only such oral submissions as the appellate Court orders. |
| (4) The appellate Court may make any order relating to any part of the decision of the lower Court and for any reason although that part is not the subject of any appeal and that reason is not stated by anyone in the appeal. |
| (5) The appellate Court’s powers to decide the merits of the appeal are not restricted by reason only that there was no appeal against any previous order (being one that is not the subject of the appeal) made by the lower Court. |
| (6) Subject to any written law, the appellate Court has power to receive further evidence, either by oral examination in court, by affidavit, by deposition taken before an examiner, or in any other manner as the appellate Court may allow, but no such further evidence (other than evidence relating to matters occurring after the date of the decision appealed against) may be given except on special grounds. |
| (7) Such further evidence must be adduced in the manner directed by the appellate Court. |
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| Absence of parties (O. 18, r. 9) |
9.—(1) If the appellant or the appellant’s solicitor fails to attend at the appeal, the appeal may be dismissed.| (2) If the appellant or the appellant’s solicitor attends and any respondent or the respondent’s solicitor fails to attend, the appeal may proceed in the absence of such respondent. |
| (3) The Court may restore the appeal for rehearing upon the application of the absent party who must file and serve any such application on all parties who have an interest in the appeal within 14 days after the dismissal or hearing of the appeal and must show good reason for that party’s absence. |
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| Appellate intervention only if substantial injustice (O. 18, r. 10) |
| 10. In procedural matters, the appellate Court is to allow the lower Court maximum autonomy and intervene only if substantial injustice will be caused otherwise. |
| Expedited appeal (O. 18, r. 11) |
11.—(1) If the appeal is urgent or there is a special reason, the lower Court or the appellate Court may order an expedited appeal upon any party’s application or on its own accord.| (2) In an expedited appeal, the lower Court or the appellate Court may dispense with compliance with any provision of these Rules or practice directions or modify them for the purposes of the appeal. |
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| Withdrawal of appeal or application (O. 18, r. 12) |
12.—(1) An appellant may withdraw the appellant’s appeal in relation to all or any of the respondents, and an applicant in an application to the appellate Court may withdraw the applicant’s application in relation to all or any of the parties to the application, at any time before the appeal or application is heard or dealt with (as the case may be), by filing and serving a notice of withdrawal of the appeal or application in Form 34 on all the parties to the appeal or application.| (2) Upon the filing of Form 34 and if there are no outstanding issues relating to costs or other matters, the appeal or application is deemed withdrawn in relation to the relevant parties, and if all the parties to the appeal or application consent to the payment of the security for costs to the appellant, the applicant or the respondent (as the case may be), the appellant, the applicant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs must be paid to the appellant, the applicant or the respondent (as the case may be) and any solicitor’s undertaking is discharged. |
(3) If there are any such outstanding issues mentioned in paragraph (2) —| (a) | the appellant, the applicant or any other party to the appeal or application, may request in writing to the appellate Court for directions on those issues; | | (b) | no oral arguments are to be made in a request under sub‑paragraph (a) unless the appellate Court otherwise directs; and | | (c) | the Registrar may, upon receiving a request under sub‑paragraph (a) —| (i) | remove the appeal or application from the list of appeals or applications; and | | (ii) | give directions on the making of written submissions for the request. |
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(4) Except as provided under paragraph (3), if there are any such outstanding issues —| (a) | the appeal or application remains on the list of appeals or applications; and | | (b) | the appellate Court may, at the hearing of the appeal or application —| (i) | decide any issue as to costs or otherwise that remains outstanding between the parties to the appeal or application; and | | (ii) | make any order as to the disposal of any security for costs. |
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| Consent judgment or order (O. 18, r. 13) |
13.—(1) Where the parties in any appeal or application to the appellate Court inform the Registrar that they wish to record a consent judgment or order, the appellate Court may dispense with attendance of the parties and may record the judgment or order in the agreed terms, and the Registrar is to inform the parties accordingly.| (2) The appellate Court may give such further orders or directions incidental or consequential to any judgment or order that the appellate Court considers appropriate. |
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14.—(1) Without affecting paragraph (2), the appellate Court may give its decision in any appeal or application —| (a) | orally at the conclusion of the hearing of the appeal or application or at a subsequent date; or | | (b) | in writing at the conclusion of the hearing of the appeal or application or at a subsequent date. |
(2) Where the appellate Court has decided any matter without hearing oral arguments —| (a) | the decision of the appellate Court may be given in accordance with paragraph (1) or the appellate Court may direct the Registrar to inform the parties of its decision; and | | (b) | the parties are to be informed of the following:| (i) | the Judge or Judges who constituted the appellate Court; | | (ii) | the decision of the appellate Court; | | (iii) | the date of the decision. |
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| (3) Every party is entitled to a copy of any decision given in writing upon payment of the relevant charges. |
| (4) A judgment of the appellate Court may be delivered orally by any Judge sitting in the appellate Court despite the absence of one or more of the other Judges who heard the appeal or application in the appellate Court. |
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Division 2 — Appeal from Registrar to District Judge
in proceedings in State Courts |
| Bringing of appeal (O. 18, r. 15) |
| 15. A party who intends to appeal to a District Judge against a decision of the Registrar of the State Courts must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 within 14 days after the date of the Registrar’s decision. |
| Documents to be filed (O. 18, r. 16) |
16.—(1) The Registrar may give a summary of the points he or she has decided without the need to issue written grounds of decision.(2) The Registrar must certify within 14 days after the filing of the notice of appeal —| (a) | that he or she has already issued a written judgment or grounds of decision; | | (b) | that he or she intends to issue written grounds of decision; or | | (c) | that the certified transcript of the official record of the hearing sets out his or her grounds of decision sufficiently, |
| and if he or she does not do so, it is presumed that no further written grounds of decision will be issued. |
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(3) If the Registrar certifies under paragraph (2)(b) that he or she will issue written grounds of decision —| (a) | he or she must endeavour to do so as soon as it is practicable; and | | (b) | if no written grounds of decision are issued within 12 weeks after the certification —| (i) | the appellant must apply in writing to the Registrar to proceed with the appeal; | | (ii) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (iii) | after the expiry of the 14 days’ notice period mentioned in sub-paragraph (ii), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
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| (4) The appeal must proceed before the District Judge by way of a rehearing on the documents filed by the parties before the Registrar. |
(5) The parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the Registrar’s decision is to be upheld, set aside or varied in accordance with the following timelines:| (a) | where the Registrar certifies under paragraph (2)(a) that he or she has already issued a written judgment or grounds of decision, within 14 days after the Registry notifies of such certification by the Registrar; | | (b) | where the Registrar certifies under paragraph (2)(b) that he or she intends to issue written grounds of decision, within 14 days after the Registry notifies that a copy of the written grounds of decision is ready for collection; | | (c) | where the Registrar certifies under paragraph (2)(c) that the certified transcript of the official record of hearing sets out his or her grounds of decision sufficiently, within 14 days after the Registry notifies of such certification by the Registrar; | | (d) | where it is presumed under paragraph (2) that no further written grounds of decision will be issued, within 28 days after the filing and service of the notice of appeal; | | (e) | where the appellant or the respondent has applied in writing to proceed with the appeal under paragraph (3)(b), within 14 days after the Registrar notifies that the appeal is to proceed. [S 37/2024 wef 01/02/2024] |
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| (6) The written submissions for the appeal must include (in the concluding paragraphs) submissions on the appropriate costs orders to be made in the appeal and, unless the appellate Court otherwise orders, are subject to a page limit of 35 pages. |
| (7) No documents other than what has been set out in this Rule may be filed unless the appellate Court otherwise orders. |
(8) The appellate Court may allow the page limit mentioned in paragraph (6) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the appellate Court otherwise orders under paragraph (9), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (9) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (8)(b). |
| (10) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors. |
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Division 3 — Appeal from District Judge and Magistrate
to General Division |
| Bringing of appeal (O. 18, r. 17) |
17.—(1) A party who intends to appeal to the General Division against the decision of a District Judge or Magistrate hearing any application at first instance, or hearing the merits of an originating application, or against the decision of a District Judge hearing any appeal, must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 —| (a) | within 14 days after the date of the District Judge’s or Magistrate’s decision; or | | (b) | in a case where a request for further arguments has been made under Rule 18, within 14 days after —| (i) | the District Judge or Magistrate affirms, varies or sets aside the decision after hearing further arguments; or | | (ii) | the parties are informed, or it is deemed, that the District Judge or Magistrate does not require further arguments. [S 206/2022 wef 01/04/2022] |
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| (2) The General Division may extend the time for filing and serving the notice of appeal on the appellant’s application made at any time, and the lower Court may extend the time for filing and serving the notice of appeal if the appellant applies for such extension before the time expires. |
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| Further arguments before District Judge or Magistrate (O. 18, r. 18) |
18.—(1) A request to the District Judge or Magistrate for further arguments from the parties after he or she has given his or her decision on an application must be made by letter to the Registrar of the State Courts and served on all parties to the application.(2) The request must be filed before the earlier of the following:| (a) | the time at which the judgment or order relating to the decision is extracted; | | (b) | the 15th day after the date on which the decision is made. |
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| (3) The request must set out the proposed arguments briefly and include a copy of any authority cited. |
| (4) The Registrar of the State Courts must inform the requesting party within 14 days after receiving the request whether the District Judge or Magistrate requires further arguments. |
| (5) If the Registrar of the State Courts does not inform the requesting party as mentioned in paragraph (4), it is deemed that the District Judge or Magistrate does not require further arguments. |
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| Permission to appeal (O. 18, r. 19) |
19.—(1) Where permission to appeal is required, a party must apply to the District Judge or Magistrate for such permission and serve the application on all parties who have an interest in the appeal within 14 days after the date of the District Judge’s or Magistrate’s decision.| (2) Where the District Judge or Magistrate does not grant permission to appeal, the party may apply to the General Division for such permission and must serve the application on all parties who have an interest in the appeal within 14 days after the date of the District Judge’s or Magistrate’s decision not to grant permission. |
| (3) Where permission to appeal is granted, the applicant must file and serve on all parties who have an interest in the appeal the notice of appeal in Form 35 within 14 days after the date of the Court’s decision granting permission. |
| (4) The General Division may extend the time for filing and serving an application for permission to appeal made at any time, and the lower Court may extend the time for filing and serving an application for permission to appeal if the application for such extension is made before the time expires. |
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| Security for costs (O. 18, r. 20) |
20.—(1) The appellant must provide security for the respondent’s costs of the appeal and file a certificate for security for costs in Form 36 at the time the appellant files the notice of appeal.| (2) Where there is more than one appellant in the same appeal, all the appellants need to provide only one set of security for the appeal. |
| (3) Where there is more than one respondent, the appellant must provide security for the costs of the appeal for each respondent (or for the costs of the appeal for each set of the respondents where the respondents are represented by the same firm of solicitors). |
(4) The security must be —| (a) | in the form of a solicitor’s undertaking in Form 37 which must be filed and served on the respondent; | | (b) | deposited in the Registry or with the Accountant‑General; or | | (c) | in any other form acceptable to the parties. |
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(5) The appellant must provide security in the following amounts:| (a) | $3,000 for an appeal against a decision in a Magistrate’s Court action; | | (b) | $5,000 for an appeal against a decision in a District Court action. |
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| (6) Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided. |
| (7) The appellate Court may order further security for costs to be given. |
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| Documents to be filed (O. 18, r. 21) |
21.—(1) The District Judge or Magistrate may give a summary of the points he or she has decided without the need to issue written grounds of decision.(2) The District Judge or Magistrate must certify within 14 days after the filing of the notice of appeal —| (a) | that he or she has already issued a written judgment or grounds of decision; | | (b) | that he or she intends to issue written grounds of decision; or | | (c) | that the certified transcript of the official record of the hearing sets out his or her grounds of decision sufficiently, |
| and if he or she does not do so, it is presumed that no further written grounds of decision will be issued. |
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(3) If the District Judge or Magistrate certifies under paragraph (2)(b) that he or she will issue written grounds of decision —| (a) | he or she must endeavour to do so as soon as it is practicable; and | | (b) | if no written grounds of decision are issued within 12 weeks after the certification —| (i) | the appellant must apply in writing to the Registrar to proceed with the appeal; | | (ii) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (iii) | after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (ii), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
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| (4) The appeal must proceed before the Judge sitting in the General Division by way of a rehearing on the documents filed by the parties before the District Judge or Magistrate. |
(5) The parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the District Judge’s or Magistrate’s decision is to be upheld, set aside or varied in accordance with the following timelines:| (a) | where the District Judge or Magistrate certifies under paragraph (2)(a) that he or she has already issued a written judgment or grounds of decision, within 14 days after the Registry notifies of such certification by the District Judge or Magistrate; | | (b) | where the District Judge or Magistrate certifies under paragraph (2)(b) that he or she intends to issue written grounds of decision, within 14 days after the Registry notifies that a copy of the written grounds of decision is ready for collection; | | (c) | where the District Judge or Magistrate certifies under paragraph (2)(c) that the certified transcript of the official record of hearing sets out his or her grounds of decision sufficiently, within 14 days after the Registry notifies of such certification by the District Judge or Magistrate; | | (d) | where it is presumed under paragraph (2) that no further written grounds of decision will be issued, within 28 days after the filing and service of the notice of appeal; | | (e) | where the appellant or the respondent has applied in writing to proceed with the appeal under paragraph (3)(b), within 14 days after the Registrar notifies that the appeal is to proceed. [S 37/2024 wef 01/02/2024] |
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| (6) The written submissions for the appeal must include (in the concluding paragraphs) submissions on the appropriate costs orders to be made in the appeal and, unless the appellate Court otherwise orders, are subject to a page limit of 35 pages. |
| (7) A party whose interest in the appeal is passive (such as a stakeholder, a trustee or an executor) is not required to file separate written submissions but should ensure that that party’s position is explained in one of the written submissions filed. |
| (8) All parties to 2 or more related appeals to be heard together must try to agree on filing a single set of written submissions for each party and on the timelines for such filing. |
| (9) Where the parties are unable to agree as mentioned in paragraph (8), they must request in writing for a case conference before the appellate Court or seek directions from the appellate Court. |
| (10) Where the parties have agreed as mentioned in paragraph (8), they must inform the Registrar in writing of the timelines agreed, and seek the approval of the timelines by the appellate Court. |
| (11) No documents other than what has been set out in this Rule may be filed unless the appellate Court otherwise orders. |
| (12) Where the appellant fails to file and serve the written submissions within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders. |
| (13) Where an appeal is deemed withdrawn pursuant to paragraph (12) and if all the parties to the appeal consent to the payment of the security for costs provided under Rule 20 to the appellant or the respondent, the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs provided under Rule 20 must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged. |
(14) Where an appeal is deemed withdrawn pursuant to paragraph (12) and if there are any outstanding issues as to costs or other matters that remain between the parties to the appeal —| (a) | the appellant or any party to the appeal may, within 14 days after the date that the appeal is deemed withdrawn, request in writing to the appellate Court for directions on those issues; | | (b) | no oral arguments are to be made in a request under sub‑paragraph (a) unless the appellate Court otherwise directs; and | | (c) | the Registrar may, upon receiving a request under sub‑paragraph (a), give directions on the making of written submissions for the request. |
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| (15) Where the respondent to the appeal fails to file and serve the written submissions for the appeal within the specified time, the respondent is not allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders. |
(16) The appellate Court may allow the page limit mentioned in paragraph (6) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the appellate Court otherwise orders under paragraph (17), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (17) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (16)(b). |
| (18) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors. |
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| Payment out of security for costs and release of undertaking (O. 18, r. 22) |
22.—(1) This Rule applies without the need for an order from the Court.| (2) Where costs are payable by the appellant to the respondent under any order made by the General Division, the security for costs provided under Rule 20 must be paid to the respondent towards the costs ordered and the balance (if any) of the security must be paid to the appellant. |
| (3) Where no costs are payable by the appellant to the respondent under any order made by the General Division, the security for costs provided under Rule 20 must be paid to the appellant and the appellant’s solicitor is released from any undertaking as to the costs for the appeal. |
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| Enforcement of judgments which have been subject matter of appeal (O. 18, r. 23) |
| 23. The taking of any steps for the enforcement of a judgment or order which has been the subject matter of an appeal under this Division must be in the State Courts. |
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Division 4 — Appeal from Registrar to Judge
in proceedings in General Division |
| Bringing of appeal (O. 18, r. 24) |
| 24. A party who intends to appeal to a Judge in Chambers against a decision of the Registrar of the Supreme Court must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 within 14 days after the date of the Registrar’s decision. |
| Documents to be filed (O. 18, r. 25) |
25.—(1) The Registrar may give a summary of the points he or she has decided without the need to issue written grounds of decision.(2) The Registrar must certify within 14 days after the filing of the notice of appeal —| (a) | that he or she has already issued a written judgment or grounds of decision; | | (b) | that he or she intends to issue written grounds of decision; or | | (c) | that the certified transcript of the official record of the hearing sets out his or her grounds of decision sufficiently, |
| and if he or she does not do so, it is presumed that no further written grounds of decision will be issued. |
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(3) If the Registrar certifies under paragraph (2)(b) that he or she will issue written grounds of decision —| (a) | he or she must endeavour to do so as soon as it is practicable; and | | (b) | if no written grounds of decision are issued within 12 weeks after the certification —| (i) | the appellant must apply in writing to the Registrar to proceed with the appeal; | | (ii) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (iii) | after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (ii), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
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| (4) The appeal must proceed before the Judge by way of a rehearing on the documents filed by the parties before the Registrar. |
(5) The parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the Registrar’s decision is to be upheld, set aside or varied in accordance with the following timelines:| (a) | where the Registrar certifies under paragraph (2)(a) that he or she has already issued a written judgment or grounds of decision, within 14 days after the Registry notifies of such certification by the Registrar; | | (b) | where the Registrar certifies under paragraph (2)(b) that he or she intends to issue written grounds of decision, within 14 days after the Registry notifies that a copy of the written grounds of decision is ready for collection; | | (c) | where the Registrar certifies under paragraph (2)(c) that the certified transcript of the official record of hearing sets out his or her grounds of decision sufficiently, within 14 days after the Registry notifies of such certification by the Registrar; | | (d) | where it is presumed under paragraph (2) that no further written grounds of decision will be issued, within 28 days after the filing and service of the notice of appeal; | | (e) | where the appellant or the respondent has applied in writing to proceed with the appeal under paragraph (3)(b), within 14 days after the Registrar notifies that the appeal is to proceed. [S 37/2024 wef 01/02/2024] |
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| (6) The written submissions for the appeal must include (in the concluding paragraphs) submissions on the appropriate costs orders to be made in the appeal and, unless the Judge otherwise orders, are subject to a page limit of 35 pages. |
| (7) No documents other than what has been set out in this Rule may be filed unless the Judge otherwise orders. |
(8) The Judge may allow the page limit mentioned in paragraph (6) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the Judge otherwise orders under paragraph (9), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (9) The Judge may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (8)(b). |
| (10) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors. |
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Division 5 — Appeals from General Division to
Appellate Division or Court of Appeal, etc. |
| Scope of this Division (O. 18, r. 26) |
26. This Division applies to —| (a) | an appeal to the Appellate Division against any decision of the General Division in relation to an application in an action (including an appeal transferred between the Appellate Division and the Court of Appeal); | | (b) | an appeal to the Court of Appeal against any decision of the General Division in relation to an application in an action (including an appeal transferred between the Appellate Division and the Court of Appeal); | | (c) | an appeal to the Court of Appeal against any decision of the Appellate Division in relation to an application in an action; | | (d) | an appeal to the Court of Appeal against any decision of the Appellate Division on an application by summons in an appeal to the Appellate Division under this Order or Order 19; and | | (e) | an application to the Appellate Division or the Court of Appeal relating to an appeal mentioned in paragraph (a), (b), (c) or (d). |
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| Bringing of appeal (O. 18, r. 27) |
27.—(1) A party who intends to appeal to the appellate Court against the decision of the lower Court hearing any application or any appeal must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 —| (a) | within 14 days after the date of the lower Court’s decision; or | | (b) | in a case where a request for further arguments has been made under section 29B(2) of the Supreme Court of Judicature Act — within 14 days after the date mentioned in section 29B(4)(b) of that Act. |
| (2) The appellate Court may extend the time for filing and serving the notice of appeal on the appellant’s application made at any time, and the lower Court may extend the time for filing and serving the notice of appeal if the appellant applies for such extension before the time expires. |
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| Further arguments before General Division (O. 18, r. 28) |
| 28.—(1) A request under section 29B(2) of the Supreme Court of Judicature Act 1969 to the Judge sitting in the General Division for further arguments from the parties after he or she has given his or her decision on an application in the exercise of original or appellate jurisdiction, must be made by letter to the Registrar of the Supreme Court and served on all parties to the application. [S 37/2024 wef 01/02/2024] | (2) The request in paragraph (1) must be made within the time provided in section 29B(2) of the Supreme Court of Judicature Act. |
| (3) The request must set out the proposed arguments briefly and include a copy of any authority cited. |
| (4) The Registrar of the Supreme Court must inform the requesting party within 14 days after receiving the request whether the Judge requires further arguments. |
| (5) If the Registrar of the Supreme Court does not inform the requesting party as mentioned in paragraph (4), it is deemed that the Judge does not require further arguments. |
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| Permission to appeal (O. 18, r. 29) |
29.—(1) Where permission to appeal against a decision is required, subject to paragraphs (2), (3) and (4) and any written law, a party must apply for such permission from the appellate Court and file and serve the application and the documents mentioned in paragraph (7) on all parties who have an interest in the appeal within 14 days after the date of the lower Court’s decision.(2) Where permission to appeal against a decision is required, 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 pursuant to section 29B of the Supreme Court of Judicature Act before the earliest of the following:| (a) | the time at which the judgment or order relating to the decision is extracted; | | (b) | the 15th day after the date on which the decision is made; | | (c) | the time at which an application for permission to appeal against the decision is filed. |
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(3) If a request for further arguments in respect of a decision has been made under paragraph (2) —| (a) | an application for permission to appeal against the decision 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 party seeking to apply for permission to appeal must file and serve the application for permission to appeal against the decision, and the documents mentioned in paragraph (7), within 14 days after 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. |
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| (4) To avoid doubt, paragraphs (2) and (3) do not affect section 29B of the Supreme Court of Judicature Act. |
(5) Where permission to appeal under section 47(1) of the Supreme Court of Judicature Act is required, the Court of Appeal may grant permission to appeal against a decision of the Appellate Division, where —| (a) | the appeal will raise a point of law of public importance; and | | (b) | it is appropriate for the Court of Appeal to hear a further appeal, having regard to all relevant matters, including either or both of the following:| (i) | whether a decision of the Court of Appeal is required to resolve the point of law; | | (ii) | whether the interests of the administration of justice, either generally or in the particular case, require the Court of Appeal’s consideration of the point of law. |
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(6) Despite paragraphs (1), (2) and (3), where —| (a) | a party has made an application to the Appellate Division or the Court of Appeal for permission to appeal against a decision of the General Division within the time provided under this Rule; and | | (b) | the Appellate Division or the Court of Appeal has decided that the court from which permission to appeal must be obtained, or which may grant permission to appeal, is the Court of Appeal or the Appellate Division respectively, |
| that party may make an application to the relevant appellate Court for permission 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 Appellate Division’s decision or the Court of Appeal’s decision mentioned in sub‑paragraph (b). |
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(7) A party applying for permission under this Rule —| (a) | must, at the time of filing the application, file written submissions and any accompanying bundle of authorities; and | | (b) | may, at the time of filing the application, file a bundle 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. |
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(8) A party who wishes to oppose an application for permission under this Rule —| (a) | must file and serve written submissions and any accompanying bundle of authorities; and | | (b) | may, together with the written submissions mentioned in sub‑paragraph (a), file and serve a bundle 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 14 days after the application, written submissions, any accompanying bundle of authorities and bundle of documents mentioned in paragraph (7) are served on the party. |
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| (9) The application, written submissions, any accompanying bundles of authorities and bundles of documents must be served on all parties who have an interest in the appeal. |
| (10) The written submissions are subject to a page limit of 15 pages, unless the appellate Court otherwise orders, and must be in the form specified in any practice directions issued by the Registrar. |
| (11) The bundle of documents is subject to a page limit of 25 pages. |
(12) The appellate Court may allow the page limit mentioned in paragraph (10) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the appellate Court otherwise orders under paragraph (13), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (13) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (12)(b). |
| (14) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors unless the appellate Court otherwise orders. |
| (15) No affidavit is to be filed in an application for permission to appeal without the permission of the appellate Court. |
| (16) No oral arguments are to be made in an application for permission to appeal unless the appellate Court otherwise orders. |
| (17) Where permission to appeal is granted, the applicant must file and serve on all parties who have an interest in the appeal the notice of appeal in Form 35 within 14 days after the date of the decision granting permission. |
| (18) The appellate Court may extend the time for filing and serving an application for permission to appeal. |
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| Security for costs (O. 18, r. 30) |
30.—(1) The appellant must provide security for the respondent’s costs of the appeal and file a certificate for security for costs in Form 36 at the time the appellant files the notice of appeal.| (2) Where there is more than one appellant in the same appeal, all the appellants need to provide only one set of security for the appeal. |
| (3) Where there is more than one respondent, the appellant must provide security for the costs of the appeal for each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors). |
(4) The security must be —| (a) | in the form of a solicitor’s undertaking in Form 37 which must be filed and served on the respondent; | | (b) | deposited in the Registry or with the Accountant‑General; or | | (c) | in any other form acceptable to the parties. |
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| (5) The appellant must provide security in the amount of $15,000. |
| (6) Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided. |
| (7) The appellate Court may order further security for costs to be given. |
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| Related appeals (O. 18, r. 31) |
31.—(1) Where there are related appeals in the appellate Court, the appellate Court may give directions for the filing and service of such joint documents as may be appropriate in the circumstances.| (2) The directions in paragraph (1) may be given by the appellate Court on its own motion or on the application or request of any party to any of the related appeals. |
| (3) To avoid doubt, the appellate Court may give directions under paragraph (1) even if the related appeals comprise one or more appeals filed under this Order and one or more appeals filed under Order 19. |
| (4) Where the related appeals comprise one or more appeals filed under this Order and one or more appeals filed under Order 19, the appellate Court may direct any modifications of the rules that are applicable to an appeal before it, including that the rules of this Division are not to apply to the appeal, and that the rules in Division 3 of Order 19 are to apply instead. |
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| Appellate Court may specify rules that apply to appeals (O. 18, r. 32) |
32.—(1) The appellate Court may, if the appellate Court deems appropriate, order that —| (a) | this Division, or any part of this Division, does not apply to an appeal before it; and | | (b) | Division 3 of Order 19, or any part of Division 3 of Order 19, is to apply instead. |
| (2) The appellate Court may in any case if the appellate Court deems appropriate order or direct any modifications of the rules that are applicable to an appeal before it. |
| (3) To avoid doubt, the appellate Court may make an order or give a direction pursuant to this Rule on its own motion. |
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| Documents to be filed (O. 18, r. 33) |
33.—(1) The lower Court may give a summary of the points the lower Court has decided without the need to issue written grounds of decision.(2) The lower Court must certify within 14 days after the filing of the notice of appeal —| (a) | that the lower Court has already issued a written judgment or grounds of decision; | | (b) | that the lower Court intends to issue written grounds of decision; or | | (c) | that the certified transcript of the official record of the hearing sets out the lower Court’s grounds of decision sufficiently, |
| and if the lower Court does not do so, it is presumed that no further written grounds of decision will be issued. |
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(3) If the lower Court certifies under paragraph (2)(b) that the lower Court will issue written grounds of decision —| (a) | the lower Court must endeavour to do so as soon as it is practicable; and | | (b) | if no written grounds of decision are issued within 12 weeks after the certification —| (i) | the appellant must apply in writing to the Registrar to proceed with the appeal; | | (ii) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (iii) | after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (ii), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
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| (4) The appeal must proceed before the appellate Court by way of a rehearing on the documents filed by the parties before the lower Court. |
(5) The parties to the appeal must file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on why the decision of the lower Court is to be upheld, set aside or varied in accordance with the following timelines:| (a) | where the lower Court certifies under paragraph (2)(a) that the lower Court has already issued a written judgment or grounds of decision, within 14 days after the Registry notifies of such certification by the lower Court; | | (b) | where the lower Court certifies under paragraph (2)(b) that the lower Court intends to issue written grounds of decision, within 14 days after the Registry notifies that a copy of the written grounds of decision is ready for collection; | | (c) | where the lower Court certifies under paragraph (2)(c) that the certified transcript of the official record of hearing sets out the lower Court’s grounds of decision sufficiently, within 14 days after the Registry notifies of such certification by the lower Court; | | (d) | where it is presumed under paragraph (2) that no further written grounds of decision will be issued, within 28 days after the filing and service of the notice of appeal; | | (e) | where the appellant or the respondent has applied in writing to proceed with the appeal under paragraph (3)(b), within 14 days after the Registrar notifies that the appeal is to proceed. [S 37/2024 wef 01/02/2024] |
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| (6) The written submissions for the appeal must include (in the concluding paragraphs) submissions on the appropriate costs orders to be made in the appeal and, unless the appellate Court otherwise orders, are subject to a page limit of 35 pages. |
| (7) A party whose interest in the appeal is passive (such as a stakeholder, a trustee or an executor) is not required to file separate written submissions but should ensure that that party’s position is explained in one of the written submissions filed. |
| (8) All parties to 2 or more related appeals must try to agree on filing a single set of written submissions for each party and on the timelines for such filing. |
| (9) Where the parties are unable to agree as mentioned in paragraph (8), they must request in writing for a case conference before the appellate Court or seek directions from the appellate Court. |
| (10) Where the parties have agreed as mentioned in paragraph (8), they must inform the Registrar in writing of the timelines agreed, and seek the approval of the timelines by the appellate Court. |
| (11) No documents other than what has been set out in this Rule may be filed unless the appellate Court otherwise orders. |
| (12) Where the appellant fails to file and serve the written submissions within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders. |
| (13) Where an appeal is deemed withdrawn pursuant to paragraph (12) and if all the parties to the appeal consent to the payment of the security for costs provided under Rule 30 to the appellant or the respondent, the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs provided under Rule 30 must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged. |
(14) Where an appeal is deemed withdrawn pursuant to paragraph (12) and if there are any outstanding issues as to costs or other matters that remain between the parties to the appeal —| (a) | the appellant or any party to the appeal may, within 14 days after the date that the appeal is deemed withdrawn, request in writing to the appellate Court for directions on those issues; | | (b) | no oral arguments are to be made in a request under sub‑paragraph (a) unless the appellate Court otherwise directs; and | | (c) | the Registrar may, upon receiving a request under sub‑paragraph (a), give directions on the making of written submissions for the request. |
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| (15) Where the respondent to the appeal fails to file and serve the written submissions for the appeal within the specified time, the respondent is not allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders. |
(16) The appellate Court may allow the page limit mentioned in paragraph (6) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the appellate Court otherwise orders under paragraph (17), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (17) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (16)(b). |
| (18) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors. |
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| Payment out of security for costs and release of undertaking (O. 18, r. 34) |
34.—(1) This Rule applies without the need for an order from the Court.| (2) Where costs are payable by the appellant to the respondent under any order made by the appellate Court, the security for costs provided under Rule 30 must be paid to the respondent towards the costs ordered and the balance (if any) of the security must be paid to the appellant. |
| (3) Where no costs are payable by the appellant to the respondent under any order made by the appellate Court, the security for costs provided under Rule 30 must be paid to the appellant and the appellant’s solicitor is released from any undertaking as to the costs for the appeal. |
| (4) Paragraphs (2) and (3) apply with necessary modifications to the payment out of security for costs given under Rule 35(5). |
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| Applications to appellate Court (O. 18, r. 35) |
35.—(1) Every application to the appellate Court must be made either by originating application or, in an appeal which is pending before the appellate Court, by summons.| (2) Whenever under these Rules an application may be made either to the lower Court or to the appellate Court, it must not be made in the first instance to the appellate Court, except where there are special circumstances which make it impossible or impracticable to apply to the lower Court. |
| (3) No oral arguments are to be made in an application to the appellate Court unless the appellate Court otherwise orders. |
| (4) Except where Rule 29(15) provides otherwise, a party to an application to the appellate Court must, if the party wishes to file an affidavit in reply to the application, file and serve that affidavit on the applicant and the other parties to the application within 14 days after the date the application and the affidavit in support of the application (if any) are served on that party, and no further affidavits may be filed without permission of the appellate Court. |
| (5) The party who files an originating application or a summons to the appellate Court must provide security for the opposing party’s costs of the application and file a certificate for security for costs in Form 36 at the time that party files the application. |
| (6) Where there is more than one applicant in an application, all the applicants need to provide only one set of security for the costs of the application. |
| (7) Where there is more than one opposing party, the applicant must provide security for the costs of each opposing party (or for the costs of each set of the opposing parties where they are represented by the same firm of solicitors). |
(8) The security must be —| (a) | in the form of a solicitor’s undertaking in Form 37 which must be filed and served on the respondent; | | (b) | deposited in the Registry or with the Accountant‑General; or | | (c) | in any other form acceptable to the parties. |
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| (9) The applicant must provide security in the amount of $5,000. |
| (10) Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided. |
| (11) The appellate Court may order further security for costs to be given. |
| (12) Any application to the appellate Court to strike out a notice of appeal must be made by summons supported by affidavit stating the grounds of the application. |
| (13) The summons and the supporting affidavit mentioned in paragraph (12) must be filed and served by the applicant on the parties to the application within 14 days after service of the notice of the appeal on the applicant. |
| (14) A party to the application mentioned in paragraph (12), 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 service of the applicant’s summons and affidavit on that party. |
| (15) No further affidavit may be received in evidence without the permission of the appellate Court. |
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| Application for permission under section 40(4)(b) or 58(4)(b) of Supreme Court of Judicature Act (O. 18, r. 36) |
36. An application for the permission of —| (a) | a Judge sitting in the Appellate Division 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; or | | (b) | a Judge sitting in the Court of Appeal under section 58(4)(b) of the Supreme Court of Judicature Act, to make an application to discharge or vary any direction or order mentioned in section 58(4)(a) of that Act, |
| must be filed and served on all parties who have an interest in the appeal within 14 days after the date on which that direction or order is made. |
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| Written submissions for applications to appellate Court (O. 18, r. 37) |
37.—(1) Except where otherwise provided by any provision of these Rules or any other written law, or unless the appellate Court otherwise directs, the applicant and the opposing party must file and serve written submissions (if any) as well as any bundle of authorities in respect of an application before the appellate Court within 14 days after the date on which the opposing party’s affidavit in reply is to be filed and served.| (2) The written submissions for the application are subject to a page limit of 35 pages, unless the appellate Court otherwise orders. |
(3) The appellate Court may allow the page limit mentioned in paragraph (2) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the appellate Court otherwise orders under paragraph (4), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
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| (4) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (3)(b). |
| (5) There must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors unless the appellate Court otherwise orders. |
(6) The concluding paragraphs of the written submissions must include —| (a) | submissions on the appropriate costs orders to be made in the application; and | | (b) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the application. |
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| Further arguments before appellate Court (O. 18, r. 38) |
| 38. Unless the appellate Court otherwise directs, there are to be no further arguments from the parties after the appellate Court has heard the appeal and reserved its decision or after the appellate Court has given its decision in the appeal. |
| Powers in sections 40(1) and 58(1) of Supreme Court of Judicature Act exercisable by Registrar (O. 18, r. 39) |
39.—(1) The Registrar may exercise the powers of the Appellate Division and the Court of Appeal in sections 40(1)(a) and 58(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 written submissions pursuant to Rule 33, 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) | written submissions or affidavits in any application; | | (ii) | a bundle of authorities in any appeal or application; | | (iii) | a bundle of documents in any application for permission to appeal; |
| | (c) | where the direction is a direction under Rule 31(1); | | (d) | where the direction or order is for the amendment of any document filed for any appeal or application, and all of the parties consent to the making of the direction or order; | | (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 the rescheduling of 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 or the Court of Appeal (as the case may be), and any such application must be filed and served on all parties who have an interest in the appeal within 14 days after the date on which that direction or order is made, and the decision of that Judge is final. |
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| Transfer of appeal from Appellate Division to Court of Appeal (O. 18, r. 40) |
40.—(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. |
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| (3) An application under section 29D(2)(c)(i) of the Supreme Court of Judicature Act must be made in accordance with Rule 35, and must be filed and served within 14 days after the date of service of the notice of appeal on all parties who have an interest in the appeal. |
| (4) An application under section 29D(2)(c)(ii) of the Supreme Court of Judicature Act must be made in accordance with Rule 35, and must be filed and served no later than 14 days after the date on which the parties’ written submissions are required to be filed and served under Rule 33(5). |
(5) 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. |
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| Transfer of appeal from Court of Appeal to Appellate Division (O. 18, r. 41) |
41.—(1) For the purposes of section 29E(3) of the Supreme Court of Judicature Act, the Court of Appeal is to have regard to the following matters, in deciding whether to exercise the power in section 29E(1) of that Act on its own motion, to transfer to the Appellate Division an appeal against a decision of the General Division that has been made to the Court of Appeal:| (a) | the appeal was not made to the Court of Appeal in accordance with section 29C of that Act; | | (b) | none of the legal issues raised on appeal engage any of the matters set out in the Sixth Schedule to that Act; | | (c) | all of the legal issues raised on appeal in relation to the matters set out in the Sixth Schedule to that Act relate to issues of settled law. |
(2) An application under section 29E(2)(b) of the Supreme Court of Judicature Act to transfer to the Appellate Division an appeal against a decision of the General Division that has been made to the Court of Appeal —| (a) | must be made in accordance with Rule 35; and | | (b) | must be filed and served within 14 days after the date of service of the notice of appeal on all parties who have an interest in the appeal. |
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