APPEALS FROM JUDGMENTS AND
ORDERS AFTER TRIAL AND
UNDER MEDICAL REGISTRATION ACT |
| Scope of this Order (O. 19, r. 1) |
1. This Order applies to —| (a) | an appeal against any judgment of a Magistrate’s Court or District Court given —| (i) | in a trial of an originating claim, including a case where judgment is given or the action is dismissed at trial because one or more parties are absent; [S 206/2022 wef 01/04/2022] | | (ii) | after damages are assessed or accounts are taken by a District Judge; or | | (iii) | in an application for a committal order for contempt of court; |
| | (b) | an appeal against any judgment of the General Division (except a judgment of the Registrar of the Supreme Court); | | (c) | an appeal against any judgment of the Appellate Division; | | (d) | an appeal from any tribunal to the Appellate Division or the Court of Appeal pursuant to any written law; | | (e) | an application to the appellate Court relating to an appeal mentioned in paragraph (a), (b), (c) or (d); and | | (f) | an appeal against an order or decision of a Disciplinary Tribunal under the Medical Registration Act. |
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| General matters and structure of this Order (O. 19, 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 District Court or the Magistrate’s Court to the General Division. |
(3) Division 3 of this Order concerns —| (a) | appeals from the General Division to the Appellate Division or the Court of Appeal (including appeals transferred between the Appellate Division and the Court of Appeal); | | (b) | appeals from any tribunal to the Appellate Division or the Court of Appeal pursuant to any written law; and | | (c) | appeals from the Appellate Division to the Court of Appeal. |
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| (4) Division 4 of this Order concerns appeals to the General Division against an order or decision of a Disciplinary Tribunal under the Medical Registration Act. |
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| Definitions of this Order (O. 19, r. 3) |
3. In this Order, unless the context otherwise requires —| “bundle of authorities” means a compilation of authorities for the appeal, including case authorities, statutes and law journal articles; |
| “core bundle of documents” means a certified copy of the judgment or grounds of decision of the lower Court, the extracted order of the lower Court, a compilation of the whole or part of the documents that are essential to the appeal and an index cross‑referencing each document to the record of appeal or supplemental record of appeal; |
“judgment” means a judgment given by the lower Court —| (a) | in a trial, and includes a case where judgment is given or the action is dismissed at trial because one or more parties are absent; | | (b) | after damages are assessed or accounts are taken; | | (c) | in an application for a committal order for contempt of court; | | (d) | in an application for a prerogative order; or | | (e) | in an appeal against a judgment described in paragraphs (a) to (d); |
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| “record of appeal” means the order granting permission to appeal (if any), the notice of appeal, the certificate for security for costs, the record of proceedings, the affidavits of evidence‑in‑chief (if any), and all documents filed in the lower Court (so far as are relevant to the matter decided and the nature of the appeal); |
| “record of proceedings” means a certified copy of the judgment or grounds of decision (if any) of the lower Court, the extracted order of the lower Court, and, in an appeal from the General Division, District Court or Magistrate’s Court, the certified transcript of the official record of hearing taken at the hearing of the cause or matter; |
| “second core bundle” means a compilation of the whole or part of the documents not included in the appellant’s or respondent’s core bundle of documents which are essential to the appeal and an index cross‑referencing each document to the record of appeal; |
| “trial” means the hearing on the merits of an originating claim or an originating application and includes all applications taken out or heard on the same day as such hearing and at any time after the commencement of such hearing until the giving of the judgment. |
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| When time for appeal starts to run (O. 19, r. 4) |
| 4.—(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 the trial, 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 trial, 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.; and |
| | (b) | in the case of a bifurcated trial, where the lower Court has heard and determined a distinct bifurcated portion of the trial (including the issue of costs), the time for the filing of an appeal or for the filing of an application for permission to appeal in respect of the bifurcated portion so determined starts to run from the date of that determination. |
[S 37/2024 wef 01/02/2024] |
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| Permission to intervene (O. 19, 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. 19, 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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| Powers of appellate Court (O. 19, r. 7) |
7.—(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) The appellate Court may order a new trial only if substantial injustice will be caused otherwise. |
| (7) 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. |
| (8) Such further evidence must be adduced in the manner directed by the appellate Court. |
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| Absence of parties (O. 19, r. 8) |
8.—(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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| Expedited appeal (O. 19, r. 9) |
9.—(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. 19, r. 10) |
10.—(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. 19, r. 11) |
11.—(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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12.—(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 District Court and
Magistrate’s Court to General Division |
| Scope of this Division (O. 19, r. 13) |
13.—(1) This Division applies to appeals to the General Division against any judgment of the District Court or Magistrate’s Court given —| (a) | in a trial of an originating claim, including a case where judgment is given or the action is dismissed at trial because one or more parties are absent; [S 206/2022 wef 01/04/2022] | | (b) | after damages are assessed or accounts are taken by a District Judge; or | | (c) | in an application for a committal order for contempt of court. |
| (2) In this Division, “lower Court” means the District Court or Magistrate’s Court (as the case may be) against which judgment an appeal is brought or being brought. |
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| Bringing of appeal (O. 19, r. 14) |
14.—(1) A party who intends to appeal to the General Division against the judgment of a lower 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 judgment.| (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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| Permission to appeal (O. 19, r. 15) |
15.—(1) Where permission to appeal is required, a party must apply for such permission from the lower Court and serve the application on all parties who have an interest in the appeal within 14 days after the date of the judgment.| (2) Where the lower Court 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 lower Court’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 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. 19, r. 16) |
16.—(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 following amounts:| (a) | $3,000 for an appeal against a judgment in a Magistrate’s Court action; | | (b) | $5,000 for an appeal against a judgment 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. 19, r. 17) |
17.—(1) The lower Court must issue its written grounds of decision after the notice of appeal has been filed if the lower Court has not already done so.| (2) The Registry must notify the parties when the record of proceedings is ready for collection. |
(3) If no written grounds of decision are issued within 12 weeks after the date of filing of the notice of appeal —| (a) | the appellant must apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings; | | (b) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings, or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (c) | after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (b), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
(4) The appellant must file and serve —| (a) | the record of appeal; | | (b) | the appellant’s Case; | | (c) | the appellant’s core bundle of documents, with the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court in a separate volume; and | | (d) | the appellant’s bundle of authorities, |
| within 28 days after the date on which the Registry informs the parties that the record of proceedings is available. |
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| (5) Where the appellant fails to file and serve the record of appeal, the core bundle of documents or the appellant’s Case within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders. |
| (6) Where an appeal is deemed withdrawn pursuant to paragraph (5) and if all the parties to the appeal consent to the payment of the security for costs provided under Rule 16 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 16 must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged. |
(7) Where an appeal is deemed withdrawn pursuant to paragraph (5) 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 General Division 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 of the Supreme Court may, upon receiving a request under sub‑paragraph (a), give directions on the making of written submissions for the request. |
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(8) The respondent must file and serve —| (a) | the respondent’s Case; | | (b) | the respondent’s core bundle of documents (if necessary); and | | (c) | the respondent’s bundle of authorities, |
| within 28 days after the appellant serves the documents mentioned in paragraph (4) on the respondent. |
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| (9) Where the respondent fails to file and serve the respondent’s Case within the specified time, the respondent is not allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders. |
(10) The appellant must file and serve —| (a) | the appellant’s Reply (if any); | | (b) | the second core bundle (if necessary); and | | (c) | the appellant’s second bundle of authorities (if any), |
| within 14 days after the respondent’s Case is served on the appellant. |
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| (11) Where there is more than one appellant in an appeal, all the appellants may join in one appellants’ Case and in one appellants’ Reply. |
| (12) Where there is more than one respondent in an appeal, all the respondents may join in one respondents’ Case. |
| (13) A party whose interest in the appeal is passive (such as a stakeholder, a trustee or an executor) is not required to file a separate Case but should ensure that that party’s position is explained in one of the Cases filed. |
| (14) The appellant and the respondent may seek directions from the General Division to file a joint Case where there are special circumstances. |
| (15) All parties to 2 or more appeals to be heard together must try to agree on filing a single Case for each party and on the timelines for such filing. |
| (16) Where the parties are unable to agree as mentioned in paragraph (15), they must request in writing for a case conference before the General Division or seek directions from the General Division. |
| (17) Where the parties have agreed as mentioned in paragraph (15), they must inform the Registrar in writing of the timelines agreed, and seek the approval of the timelines by the General Division. |
| (18) Where there are 2 or more appeals arising from the same judgment, the parties must file a joint record of appeal. |
| (19) No documents other than what have been set out in this Rule may be filed unless the General Division otherwise orders. |
| (20) No written submissions or skeletal arguments may be filed before or at the appeal unless the General Division otherwise orders. |
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| Appellant’s Case, respondent’s Case and appellant’s Reply (O. 19, r. 18) |
18.—(1) The appellant’s Case must contain the following:| (a) | a succinct summary of the facts, the decision of the lower Court, contentions to be made at the appeal and the orders sought from the General Division; | | (b) | detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court; | | (c) | references in the right‑hand margin to the relevant pages in the record of appeal and the appellant’s core bundle of documents; | | (d) | submissions on the appropriate costs orders to be made on appeal; | | (e) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal; | | (f) | the name and signature of the appellant’s solicitor. |
(2) The respondent’s Case must contain the following:| (a) | a succinct summary of the contentions to be made at the appeal and the orders sought from the General Division; | | (b) | detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court; | | (c) | references in the right‑hand margin to the relevant pages in the record of appeal and the respondent’s core bundle of documents (if any); | | (d) | if the respondent intends to submit that —| (i) | the lower Court’s decision should be varied should the appeal be wholly or partially allowed where the respondent has not appealed against the decision of the lower Court; or | | (ii) | the lower Court’s decision should be affirmed on grounds other than those relied upon by that Court, |
| the respondent must state so in the respondent’s Case and set out the reasons for the respondent’s submissions; |
| | (e) | submissions on the appropriate costs orders to be made on appeal; | | (f) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal; | | (g) | the name and signature of the respondent’s solicitor. |
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| (3) Where the respondent fails to comply with the requirements in paragraph (2)(d), the respondent is not allowed to make the submissions mentioned in paragraph (2)(d) unless the Court otherwise orders. |
(4) The appellant’s Reply (if any) must contain the following:| (a) | the appellant’s detailed submissions in reply to the respondent’s submissions; | | (b) | references in the right‑hand margin to the relevant pages in the record of appeal, the appellant’s core bundle of documents, the respondent’s core bundle of documents (if any), and the second core bundle (if any); | | (c) | the name and signature of the appellant’s solicitor. |
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| (5) The appellant’s Case, the respondent’s Case and the appellant’s Reply must contain everything that the parties intend to put forward at the appeal and must be prepared on the basis that there will be no need to supplement or to elaborate on any points made. |
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| Page limits (O. 19, r. 19) |
19.—(1) The appellant’s Case, the respondent’s Case and the appellant’s Reply (if any) are subject to the following page limits, unless the General Division otherwise orders:| (a) | appellant’s Case — 35 pages; | | (b) | respondent’s Case — 35 pages; | | (c) | appellant’s Reply — 20 pages. |
(2) The appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court), the respondent’s core bundle of documents and the second core bundle are subject to the following page limits, unless the General Division otherwise orders:| (a) | appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court) — 55 pages; | | (b) | respondent’s core bundle of documents — 35 pages; | | (c) | second core bundle — 25 pages. |
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(3) The General Division may allow the page limit mentioned in paragraphs (1) and (2) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the General Division 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 General Division may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (3)(b). |
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| Payment out of security for costs and release of undertaking (O. 19, r. 20) |
20.—(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 16 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 16 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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| Further arguments (O. 19, r. 21) |
| 21. Unless the General Division otherwise directs, there are to be no further arguments from the parties after the General Division has heard the appeal and reserved its decision or after the General Division has given its decision in the appeal. |
| Registrar of State Courts to be notified of General Division’s judgment or order (O. 19, r. 22) |
| 22. The appellant must file a certified copy of the General Division’s judgment or order with the Registrar of the State Courts. |
| Enforcement of judgments which have been subject matter of appeal (O. 19, 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 3 — Appeals from General Division to
Appellate Division or Court of Appeal, etc. |
| Scope of this Division (O. 19, r. 24) |
24. This Division applies to —| (a) | an appeal to the Appellate Division against a judgment of the General Division (including an appeal transferred between the Appellate Division and the Court of Appeal); | | (b) | an appeal to the Court of Appeal against a judgment of the General Division (including an appeal transferred between the Appellate Division and the Court of Appeal); | | (c) | an appeal to the Court of Appeal against a judgment of the Appellate Division; | | (d) | an application to the Appellate Division or the Court of Appeal relating to an appeal mentioned in paragraph (a), (b) or (c); and | | (e) | an appeal from any tribunal to the Appellate Division or the Court of Appeal pursuant to any written law, subject to such modifications as may be directed by the appellate Court. |
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| Bringing of appeal (O. 19, r. 25) |
25.—(1) A party who intends to appeal to the appellate Court against the judgment of the lower Court must file and serve on all parties who have an interest in the appeal a notice of appeal in Form 35 —| (a) | within 28 days after the date of the lower Court’s judgment; 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 28 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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| Permission to appeal (O. 19, r. 26) |
26.—(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. |
|
(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. |
|
| (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. |
|
| (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. |
|
| Security for costs (O. 19, r. 27) |
27.—(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. |
|
| (5) The appellant must provide security in the amount of $20,000. |
| (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. |
|
| Related appeals (O. 19, r. 28) |
28.—(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 18. |
| (4) Where the related appeals comprise one or more appeals filed under this Order and one or more appeals filed under Order 18, 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 5 of Order 18 are to apply instead. |
|
| Appellate Court may specify rules that apply to appeals (O. 19, r. 29) |
29.—(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 5 of Order 18, or any part of Division 5 of Order 18, 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. |
|
| Documents to be filed (O. 19, r. 30) |
30.—(1) The lower Court must issue its written grounds of decision after the notice of appeal has been filed if the lower Court has not already done so.| (2) The Registry must notify the parties when the record of proceedings is ready for collection. |
(3) If no written grounds of decision are issued within 12 weeks after the date of filing of the notice of appeal —| (a) | the appellant must apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings; | | (b) | if the appellant fails to do so, the respondent may apply in writing to the Registrar to proceed with the appeal and for a copy of the record of proceedings, or may give the appellant 14 days’ written notice of the respondent’s intention to strike out the appeal; and | | (c) | after the expiry of the 14 days’ notice period mentioned in sub‑paragraph (b), the respondent may apply to strike out the appeal. |
[S 37/2024 wef 01/02/2024] |
(4) Except for a case to which paragraph (5) applies, the appellant must file and serve —| (a) | the record of appeal; | | (b) | the appellant’s Case; | | (c) | the appellant’s core bundle of documents, with the written judgment or grounds of decision of the lower Court (if any) and the extracted order of the lower Court in a separate volume; and | | (d) | the appellant’s bundle of authorities, |
| within 8 weeks after the date on which the Registry informs the parties that the record of proceedings is available. |
|
(5) In the case of an appeal to the Court of Appeal against a decision of the Appellate Division, the record of appeal filed in the Appellate Division is treated as the record of appeal in the appeal to the Court of Appeal, and the appellant must file and serve —| (a) | the appellant’s supplemental record of appeal comprising —| (i) | the notice of appeal to the Court of Appeal; | | (ii) | the certificate of payment for security for costs; | | (iii) | the written judgment or grounds of decision of the Appellate Division or, if there is no judgment or grounds of decision, the certified minute sheet of the Appellate Division; | | (iv) | the extracted order of the Appellate Division; | | (v) | the order granting permission to appeal to the Court of Appeal; | | (vi) | the parties’ Cases filed in the Appellate Division; and | | (vii) | all documents filed in the Appellate Division (so far as they are relevant to the matter decided and the nature of the appeal); |
| | (b) | the appellant’s Case; | | (c) | the appellant’s core bundle of documents, with the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court in a separate volume; and | | (d) | the appellant’s bundle of authorities, |
| within 8 weeks after the date on which the Registry informs the parties that the record of proceedings is available. |
|
| (6) Where the appellant fails to file and serve the record of appeal (including, where required under paragraph (5)(a), the supplemental record of appeal), the core bundle of documents or the appellant’s Case within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders. |
| (7) Where an appeal is deemed withdrawn pursuant to paragraph (6) and if all the parties to the appeal consent to the payment of the security for costs provided under Rule 27 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 27 must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged. |
(8) Where an appeal is deemed withdrawn pursuant to paragraph (6) 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 of the Supreme Court may, upon receiving a request under sub‑paragraph (a), give directions on the making of written submissions for the request. |
|
(9) The respondent must file and serve —| (a) | the respondent’s Case; | | (b) | the respondent’s core bundle of documents (if necessary); and | | (c) | the respondent’s bundle of authorities, |
| within 28 days after the appellant serves the documents mentioned in paragraph (4) or (5) on the respondent. |
|
| (10) Where the respondent fails to file and serve the respondent’s Case within the specified time, the respondent is not allowed to make submissions at the hearing of the appeal unless the appellate Court otherwise orders. |
(11) The appellant must file and serve —| (a) | the appellant’s Reply (if any); | | (b) | the second core bundle (if necessary); and | | (c) | the appellant’s second bundle of authorities (if any), |
| within 14 days after the respondent’s Case is served on the appellant. |
|
| (12) Where there is more than one appellant in an appeal, all the appellants may join in one appellants’ Case and in one appellants’ Reply. |
| (13) Where there is more than one respondent in an appeal, all the respondents may join in one respondents’ Case. |
| (14) A party whose interest in the appeal is passive (such as a stakeholder, a trustee or an executor) is not required to file a separate Case but should ensure that that party’s position is explained in one of the Cases filed. |
| (15) The appellant and the respondent may seek directions from the appellate Court to file a joint Case where there are special circumstances. |
| (16) All parties to 2 or more related appeals to be heard together must try to agree on filing a single Case for each party and on the timelines for such filing. |
| (17) Where the parties are unable to agree as mentioned in paragraph (16), they must request in writing for a case conference before the appellate Court or seek directions from the appellate Court. |
| (18) Where the parties have agreed as mentioned in paragraph (16), they must inform the Registrar in writing of the timelines agreed, and seek the approval of the timelines by the appellate Court. |
| (19) Where there are 2 or more appeals arising from the same judgment, the parties must file a joint record of appeal. |
| (20) No documents other than what has been set out in this Rule may be filed unless the appellate Court otherwise orders. |
| (21) No written submissions or skeletal arguments may be filed before or at the appeal unless the appellate Court otherwise orders. |
|
| Appellant’s Case, respondent’s Case and appellant’s Reply (O. 19, r. 31) |
31.—(1) The appellant’s Case must contain the following:| (a) | a succinct summary of the facts, the decision of the lower Court, contentions to be made at the appeal and the orders sought from the appellate Court; | | (b) | detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court; | | (c) | references in the right‑hand margin to the relevant pages in the record of appeal, the supplemental record of appeal (where required under Rule 30(5)(a)) and the appellant’s core bundle of documents; | | (d) | in the concluding paragraphs of the appellant’s Case —| (i) | submissions on the appropriate costs orders to be made on appeal; and | | (ii) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal; |
| | (e) | the name and signature of the appellant’s solicitor. |
(2) The respondent’s Case must contain the following:| (a) | a succinct summary of the contentions to be made at the appeal and the orders sought from the appellate Court; | | (b) | detailed submissions on the facts and the legal issues, including the relevant authorities, highlighting any new points not raised in the lower Court; | | (c) | references in the right‑hand margin to the relevant pages in the record of appeal, the supplemental record of appeal (where required under Rule 30(5)(a)) and the respondent’s core bundle of documents (if any); | | (d) | if the respondent intends to submit that —| (i) | the lower Court’s decision should be varied should the appeal be wholly or partially allowed where the respondent has not appealed against the decision of the lower Court; or | | (ii) | the lower Court’s decision should be affirmed on grounds other than those relied upon by that Court, |
| those submissions and the reasons for the respondent’s submissions; |
| | (e) | in the concluding paragraphs of the respondent’s Case —| (i) | submissions on the appropriate costs orders to be made on appeal; and | | (ii) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal; |
| | (f) | name and signature of the respondent’s solicitor. |
|
| (3) Where the respondent fails to comply with the requirements in paragraph (2)(d), the respondent is not allowed to make the submissions mentioned in paragraph (2)(d) unless the Court otherwise orders. |
(4) The appellant’s Reply (if any) must contain the following:| (a) | the appellant’s detailed submissions in reply to the respondent’s submissions; | | (b) | references in the right‑hand margin to the relevant pages in the record of appeal, the supplemental record of appeal (where required under Rule 30(5)(a)), the appellant’s core bundle of documents, the respondent’s core bundle of documents (if any), and the second core bundle (if any); | | (c) | the name and signature of the appellant’s solicitor. |
|
| (5) The appellant’s Case, the respondent’s Case and the appellant’s Reply must contain everything that the parties intend to put forward at the appeal and must be prepared on the basis that there will be no need to supplement or to elaborate on any points made. |
|
| Page limits (O. 19, r. 32) |
32.—(1) The appellant’s Case, the respondent’s Case and the appellant’s Reply (if any) are subject to the following page limits, unless the appellate Court otherwise orders:| (a) | appellant’s Case — 55 pages; | | (b) | respondent’s Case — 55 pages; | | (c) | appellant’s Reply — 25 pages. |
(2) The appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court), the respondent’s core bundle of documents and the second core bundle are subject to the following page limits, unless the appellate Court otherwise orders:| (a) | appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court) — 55 pages; | | (b) | respondent’s core bundle of documents — 35 pages; | | (c) | second core bundle — 25 pages. |
|
(3) The appellate Court may allow the page limit mentioned in paragraphs (1) and (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. |
|
| (4) The appellate Court may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (3)(b). |
|
| Payment out of security for costs and release of undertaking (O. 19, r. 33) |
33.—(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 27 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 27 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(6). |
|
| Further arguments (O. 19, r. 34) |
| 34. 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. |
| Applications to appellate Court (O. 19, 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 26(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) No Case needs to be filed for applications to the appellate Court. |
| (6) 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. |
| (7) 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. |
| (8) 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). |
(9) 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. |
|
| (10) The applicant must provide security in the amount of $5,000. |
| (11) Any party may apply to the appellate Court to vary or waive the amount of security for costs to be provided. |
| (12) The appellate Court may order further security for costs to be given. |
| (13) 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. |
| (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 the 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 service of the applicant’s summons and affidavit on that party. |
| (16) No further affidavit may be received in evidence without the permission of the appellate Court. |
|
| Application for permission under section 40(4)(b) or 58(4)(b) of Supreme Court of Judicature Act (O. 19, 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. |
|
| Written submissions for applications to appellate Court (O. 19, 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. |
|
| (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. |
|
|
| Powers in sections 40(1) and 58(1) of Supreme Court of Judicature Act exercisable by Registrar (O. 19, r. 38) |
38.—(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 a record of appeal, a supplemental record of appeal, an appellant’s core bundle of documents, 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) | an appellant’s Reply; | | (ii) | a respondent’s core bundle of documents and an appellant’s second core bundle; | | (iii) | a bundle of authorities in any appeal or application; | | (iv) | written submissions or affidavits in any application; | | (v) | a bundle of documents in any application for permission to appeal; |
| | (c) | where the direction is a direction under Rule 28(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. |
|
| Transfer of appeal from Appellate Division to Court of Appeal (O. 19, r. 39) |
39.—(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) 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 of service of the appellant’s Case. [S 37/2024 wef 01/02/2024] |
(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. |
|
|
| Transfer of appeal from Court of Appeal to Appellate Division of High Court (O. 19, r. 40) |
40.—(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. |
|
|
|
Division 4 — Appeals from Disciplinary Tribunal under
Medical Registration Act |
| Appeals under section 59G of Medical Registration Act (O. 19, r. 41) |
| 41.—(1) A person who intends to appeal to the General Division under section 59G of the Medical Registration Act against a decision or order of a Disciplinary Tribunal must bring the appeal by filing and serving an originating application on all parties who have an interest in the appeal. [S 37/2024 wef 01/02/2024] (2) The appellant must file and serve —| (a) | the record of proceedings; | | (b) | the appellant’s written submissions; and | | (c) | the appellant’s bundle of authorities, |
| within 8 weeks after the date on which the Registry informs the parties that the originating application has been fixed for hearing. |
|
(3) The respondent must file and serve —| (a) | the respondent’s written submissions; and | | (b) | the respondent’s bundle of authorities, |
| within 28 days after the appellant serves the documents mentioned in paragraph (2) on the respondent. |
|
| (4) No affidavit is to be filed in an appeal brought under paragraph (1) without the permission of the General Division. |
| (5) The appellant’s written submissions and respondent’s written submissions are subject to a page limit of 55 pages, unless the General Division otherwise orders. |
(6) The General Division may allow the page limit mentioned in paragraph (5) to be exceeded —| (a) | in special circumstances; and | | (b) | unless the General Division otherwise orders under paragraph (7), upon the payment of the fees and additional fees prescribed for the filing of pages in excess of the page limit. |
|
| (7) The General Division may upon application waive, refund, defer or apportion the payment of the fees mentioned in paragraph (6)(b). |
| (8) 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 General Division otherwise orders. |
(9) The concluding paragraphs of the written submissions must include —| (a) | submissions on the appropriate costs orders to be made in the appeal; and | | (b) | submissions on the amount of costs and disbursements that should be awarded in respect of all parties to the appeal. |
|
(10) Subject to this Rule and any other written law, the following Rules in this Order apply to proceedings before the General Division under section 59G of the Medical Registration Act (including interlocutory applications):| (a) | Rule 7 (Powers of appellate Court); | | (b) | Rule 8 (Absence of parties); | | (c) | Rule 10 (Withdrawal of appeal or application), save that the references to security for costs in Rule 10(2) and (4)(b)(ii) are to be disregarded; | | (d) | Rule 11 (Consent judgment or order); | | (e) | Rule 12 (Judgment); | | (f) | Rule 34 (Further arguments); | | (g) | Rule 35(1), (3), (4) and (16) (Applications to appellate Court); | | (h) | Rule 37 (Written submissions for applications to appellate Court). |
[S 37/2024 wef 01/02/2024] |
(11) For the purposes of an appeal under section 59G of the Medical Registration Act, the provisions mentioned in paragraph (10) apply as if —| (a) | every reference to the appellate Court is replaced with a reference to the General Division; and | | (b) | every reference to the lower Court is replaced with a reference to the Disciplinary Tribunal. |
[S 37/2024 wef 01/02/2024] |
(12) To avoid doubt, the following provisions do not apply to proceedings before the General Division under section 59G of the Medical Registration Act:| (a) | Division 1 of this Order — except Rule 1(f) and the provisions mentioned in paragraph (10)(a) to (e); | | (b) | Order 20. |
[S 37/2024 wef 01/02/2024] |
(13) In this Rule —| “appellant” means the party who brings an appeal to the General Division under paragraph (1); |
| “bundle of authorities” means a compilation of authorities for the appeal, including case authorities, statutes and law journal articles; |
| “Disciplinary Tribunal” has the meaning given by section 2 of the Medical Registration Act; |
| “record of proceedings” means any written grounds of decision, the record of evidence or notes of arguments taken, the affidavits or statutory declarations filed, as well as the submissions and any other documents tendered in respect of the proceedings before the Disciplinary Tribunal; |
| “respondent” means the respondent in the originating application filed under paragraph (1). |
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[S 37/2024 wef 01/02/2024] |
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