Appeal against a small claims order

At the consultation, you may receive a discontinuance order. This means the registrar views your claim as being outside the SCT’s jurisdiction (not eligible to be heard by the SCT).

You may file an appeal within 1 month of the registrar’s discontinuance order if you do not agree with the decision.

Key facts

Refer to the key facts about filing an appeal:

What you will need

For the application, you will need to provide your:

• Claim number.
• Order number.
• Grounds of appeal (reasons for appealing).
• Supporting documents (if any) in PDF format.

How to file

Log in to CJTS. Under the Online Applications tab, select Appeal against Order of Registrar.

Follow the instructions to fill in the required information and pay the $20 filing fee.

After you file

There will be a hearing with a tribunal magistrate, who will decide whether to allow or dismiss your appeal. Both you and the other party to the claim need to attend.

The SCT will inform you of the hearing date through CJTS. You must attend court on the stated date and time. If you are absent, your appeal may be dismissed.

Outcomes of the appeal

If your appeal is dismissed, the discontinuance order stands. The filing fees are not refundable. The claim cannot proceed at the SCT, but you may pursue your case in other courts.

If your appeal is allowed, the tribunal magistrate may proceed to hear your claim and make an order.

The tribunal magistrate's decision to allow or dismiss your appeal against the registrar's discontinuance order is final and is not subject to any further appeal.

As a party in a small claims case, you may appeal against the tribunal magistrate’s order only based on one or both of the following grounds:

• Question of law: An enquiry into the law. This differs from a question of fact, which looks at the facts of a case.
• Example: Whether the Consumer Protection (Fair Trading) Act applies if a product is not covered under warranty.
• Question of jurisdiction: An enquiry into whether the claim can be heard by the SCT or falls outside its jurisdiction.
• Example: Whether the contract in question exceeded the monetary limit of the SCT.

An appeal cannot be based on a question relating to a finding of fact by the tribunal magistrate. New evidence is not allowed in an appeal.

What can be appealed against

Refer to the following to find out which orders by a tribunal magistrate can be appealed against ⁽¹⁾:

Where will the appeal be heard

The General Division of the High Court will hear the appeal. Before you can appeal to the General Division of the High Court, you will need to apply for leave (for matters commenced before 1 April 2022) or permission (for matters commenced on or after 1 April 2022) from the District Court.

How to appeal against a tribunal magistrate’s decision

All applications are made through the Community Justice and Tribunals System (CJTS).

Follow these steps:

1. Apply for leave (for matters commenced before 1 April 2022) or permission (for matters commenced on or after 1 April 2022) to appeal from the District Court

When: within 14 days of the tribunal magistrate’s order

What you will need

For the application, you will need to provide your:

• Claim number.
• Order number.
• Grounds of appeal (reasons for appealing, which must be based on a question of law or jurisdiction).
• Supporting documents (if any) in PDF format.

How to file

Log in to CJTS. Under the Online Applications tab, select Application for Leave/Permission to Appeal.

Follow the instructions to fill in the required information and pay the $100 filing fee.

After you file

Follow the following steps:

• Attend a pre-hearing conference (for matters commenced before 1 April 2022) or case management conference (for matters commenced on or after 1 April 2022)
• The court will inform you and the other party of a pre-hearing or case management conference date through CJTS.
• At the pre-hearing or case management conference, an SCT registrar will brief you and the other party on the administrative details of the appeal before scheduling a hearing with a district judge.
• Attend a hearing of the application for leave or permission to appeal
• At the hearing, a district judge will decide whether to allow or dismiss the application for leave or permission to appeal to the General Division of the High Court.
  

Note: You and the other party need to attend both the pre-hearing or case management conference and the hearing of the application for leave or permission to appeal.

The district judge’s decision on whether to grant or deny leave or permission is final and is not subject to any further appeal.

2. File the Notice of Appeal and provide the security for costs

When: within 1 month of the District Court order granting leave (for matters commenced before 1 April 2022) or permission (for matters commenced on or after 1 April 2022) to appeal

File the Notice of Appeal and all related documents within 1 month of the date of the District Court order granting leave or permission to appeal.

How to file

Log in to CJTS. Under the Online Applications tab, select Notice of Appeal.

Follow the instructions and pay the required fees. This table summarises the steps:

For detailed instructions, refer to the CJTS user guide for small claims  (PDF, 4434 KB)

How to provide the security for costs

You will need to deposit $500 to the Accountant-General's Department (AGD) as security for costs. This amount serves as a deposit for the respondent’s costs of appeal.

You should submit an application through CJTS. Under the Online Applications tab, submit a General Application for submission of security for costs. The SCT will give you further instructions on how to deposit the security for costs with the AGD.

After you file

After you file the Notice of Appeal, the SCT will prepare the record of proceedings related to your case. The record of proceedings include:

• A certified copy of the grounds of the order (the reasons for the court’s decision).
• A certified copy of the notes of proceedings (a record of the notes taken by the tribunal magistrate during the hearing).

The SCT will send the record of proceedings to you through CJTS.

3. File the Appellant's Case

When: within 21 days of the notification of the record of proceedings

To continue with the appeal, file the Appellant's Case in CJTS within 21 days of the date of the record of proceedings notification. If you do not file within 21 days, your appeal will be treated as withdrawn.

You will also need to serve a copy of the documents on the respondent.

How to file

Log in to CJTS. Under the Online Applications tab, select Appellant's Case. Follow the instructions and fill in the required information.

How to serve

You must serve a copy of the Appellant's Case on the respondent in one or more of the following ways:

After you file

The SCT will send the documents related to your case to the General Division of the High Court. The General Division of the High Court will inform you of the date, time and venue of your appeal via post.

The outcome of your appeal depends on the decision the General Division of the High Court makes at the hearing:

The decision of the General Division of the High Court is final and is not subject to any further appeal.

Refer to A Guide to Small Claims (PDF, 544 KB)

Legislation associated with this topic includes:

• Sections 38 and 39 of the Small Claims Tribunals Act.
• Rules 21, 24, 25, 26, 27, 28 and 30 of the Small Claims Tribunals Rules.

If the appellant proceeds to file and serve the Appellant's Case on you, you will need to file the Respondent's Case within 14 days of the service of the Appellant's Case.

• [1990] 2 SLR(R) 315 (PDF, 149 KB).
• [1996] 1 SLR(R) 731 (PDF, 122 KB)
• [1998] 3 SLR(R) 927 (PDF, 315 KB)
• [1999] 3 SLR(R) 221 (PDF, 196 KB)
• [2010] 2 SLR 1065 (PDF, 1221 KB)
• [2014] 2 SLR 1398 (PDF, 473 KB)

Note: These cases are reproduced with permission from the Singapore Academy of Law. All rights reserved. No portion of the cases may be used or reproduced without the prior written consent of the Singapore Academy of Law.

If you are unsuccessful in your appeal, your security for costs deposit will be forfeited to pay for the costs of the appeal. You can be ordered to pay an additional sum of money if the costs of the appeal are higher than the amount of the security for costs.