Digest 6A

A.  General Overview 

1.  Under the Rules of Court 2021 (“ROC 2021”), the provisions relating to appeals are split into 2 chapters:

(a)  Order 18 governs appeals from applications in actions⁽¹⁾; and

(b)  Order 19 governs appeals from judgments and orders after trial⁽²⁾ (Note: “Trial”⁽³⁾ is defined to include the hearing on the merits of an originating application).

2.  The broad objectives of the appeals chapters, include, among other things:

(a)  Moving parties quickly from procedural skirmishes to the main battle on the merits of the case;

(b)  Requiring less formality for appeals against applications, and requiring more formality only for appeals on the merits after trials; and 

(c)  Saving costs and reducing prolixity by requiring only materially relevant documents to be filed with the imposition of page limits.

Appeals from Applications in Proceedings in the General Division of the High Court (Order 18)

B. Appeals against Registrar’s Decision: When to File Notice of Appeal?

3.  Where a party is dissatisfied with the decision of the Registrar made in an application, including decisions made pursuant to matters within a Single Application Pending Trial (“SAPT”), the party may file a notice of appeal.

4.  In general, the notice of appeal (in Form 35) must be filed and served on all parties who have an interest in the appeal within 14 days after the date of the Registrar’s decision.⁽⁴⁾ However, in respect of appeals arising from matters within a SAPT, the time for the filing of an appeal does not start to run until all matters including costs have been heard and determined by the Registrar.⁽⁵⁾ A table illustrating when time starts to run under certain common scenarios is set out below.

5.  Each party can file only one notice of appeal for each application unless the Court otherwise orders.⁽⁷⁾ With respect to matters within a SAPT, the parties may seek permission of the Court, or the Registrar may direct, that a notice of  appeal be filed for a specific matter while other matters before the Registrar are still pending.

C.  Appeals against Registrar’s Decision: Documentation

6.  The appeal before the Judge will proceed by way of a rehearing on the documents filed by the parties before the Registrar.⁽⁸⁾ Only written submissions with a page limit of 35 pages and any bundle of authorities may be filed for the appeal, unless the Judge otherwise orders.⁽⁹⁾ 

7.  The parties to the appeal must file their written submissions in accordance with the timelines set out in Order 18 r 25(5) of the ROC 2021. The written submissions must also include submissions on the appropriate costs orders to be made in the appeal. ⁽¹⁰⁾

D.  Appeals against Judge’s Decision in Applications in Actions: When to File Notice of Appeal?

8.  Where a party is dissatisfied with the decision of the Judge, an appeal may be brought to the appellate Court⁽¹¹⁾, subject to the issue of whether permission to appeal is required.⁽¹²⁾

9.  In general, the notice of appeal must be filed within 14 days after the Judge’s decision.⁽¹³⁾ If a request for further arguments has been made under section 29B of the Supreme Court of Judicature Act (“SCJA”), the notice of appeal must be filed within 14 days after the Judge affirms, varies or sets aside the decision after hearing the further arguments, or certifies or is deemed to have certified that no further arguments are required.⁽¹⁴⁾

10.  In the case of decisions made by a Judge arising from matters in a SAPT, the time for filing of an appeal and for filing of an application for permission to appeal does not start to run until the Judge has heard and determined all matters ⁽¹⁵⁾ before the Judge, including any appeal against the decision of the Registrar and costs.⁽¹⁶⁾ The court may order otherwise. A table illustrating when time starts to run under certain common scenarios is set out below.

11.  In the case of a SAPT dealing with some matters requiring permission to appeal and some matters being appealable as of right, separate notices of appeal must be filed for: (a) matters which require permission to appeal where permission has been granted, and (b)  matters which are appealable as of right.⁽¹⁸⁾ Further, and with respect to a SAPT, the parties may seek permission, or the Judge may direct, that an appeal be filed for a specific matter while other matters before the Registrar or the Judge are still pending.⁽¹⁹⁾

E.  Appeals against Judge’s Decision in Applications in Actions: Documentation

12.  The appellant must file a certificate for security for costs at the same time the notice of appeal is filed.⁽²⁰⁾ The appeal before the appellate Court will also proceed by way of a rehearing on the documents filed by the parties before the Judge.⁽²¹⁾ The parties need not file an Appellant’s Case or Respondent’s Case. Only written submissions with a page limit of 35 pages⁽²²⁾ and any bundle of authorities may be filed for the appeal,⁽²³⁾ unless the appellate Court otherwise orders.⁽²⁴⁾ The parties are to include pinpoint references in the written submissions to enable the court to identify the relevant documents referred to which have been filed in the electronic casefile.⁽²⁵⁾

13.  The parties to the appeal must file their written submissions simultaneously and in accordance with the timelines set out in Order 18 r 33(5) of the ROC 2021. The written submissions must also include submissions on the appropriate costs orders to be made in the appeal.  Skeletal arguments will not be required for the appeal.⁽²⁶⁾

Appeals from Judgments and Orders after Trial (Order 19)

F.  Scope

14. The term “judgment” under Order 19 of the ROC 2021 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;⁽²⁷⁾

(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).⁽²⁸⁾

G.  Appeals After Trial: When to File Notice of Appeal?

15. Subject to the issue of whether permission to appeal is required,⁽²⁹⁾ a party dissatisfied with the judgment of the Judge after trial must file a notice of appeal (in Form 35) within 28 days after the Judge’s decision.⁽³⁰⁾ The time for the filing of a notice of appeal does not start to run until the Judge has heard and determined all matters⁽³¹⁾, including costs.⁽³²⁾

H.  Appeals After Trial before Judge: Documentation

16. The appellant must file a certificate for security for costs at the same time the notice of appeal is filed⁽³³⁾. The parties to the appeal will be required to file the record of appeal, their Cases, core bundle of documents and bundle of authorities.⁽³⁴⁾ The applicable filing timelines and page limits⁽³⁵⁾ for these documents are set out in the table below.

17. The appellant’s Case and the respondent’s Case must contain submissions on the appropriate costs orders to be made on appeal in the concluding paragraphs.⁽⁴⁰⁾ As the parties’ Cases and the appellant’s Reply are meant to be comprehensive, no skeletal arguments may be filed before or at the appeal unless specifically directed by the appellate Court.⁽⁴¹⁾

18. Under ROC 2021, all core bundles are to be filed electronically. In addition, a form of record of appeal and a list of authorities need to be filed electronically. In addition, soft copies and requisite hard copies of the record of appeal, core bundles and bundle of authorities are to be tendered to court.⁽⁴²⁾

Permission to Appeal 

I.  Permission to Appeal: When to file?

19. Where permission to appeal against a decision of the Judge is required,⁽⁴³⁾ a party must apply for such permission from the appellate Court in accordance with the following timelines:

(a) Where no request is made for the Judge to hear further arguments, within 14 days after the date of the Judge’s decision on all matters, including costs;⁽⁴⁴⁾ and

(b) Where a request is made for the Judge to hear further arguments pursuant to s 29B of the SCJA, within 14 days after the Judge affirms, varies or sets aside the decision after hearing the further arguments, or certifies or is deemed to have certified that no further arguments are required.⁽⁴⁵⁾

20. Parties should also note that where a request for further arguments pursuant to s29B of the SCJA has been made, an application for permission to appeal may not be filed until the request for further arguments has been determined.⁽⁴⁶⁾

J.  Permission to Appeal: Documentation

21. The parties to the application for permission to appeal will be required to file their written submissions, bundle of documents (if any) and bundle of authorities (if any).⁽⁴⁷⁾ The applicable filing timelines and page limits⁽⁴⁸⁾ for these documents are set out in the table below.

22. If permission to appeal is granted, the notice of appeal (in Form 35) must be filed and served on all parties who have an interest in the appeal within 14 days after the date of the decision granting permission.⁽⁵⁴⁾

K.  Applications

23. Under ROC 2021, all parties filing an application to the Appellate Division of the High Court and the Court of Appeal must provide security.⁽⁵⁵⁾

Transitional Provisions

L.  Transitional Provisions 

24. The transitional provisions under Order 1 r 2 of the ROC 2021 apply to appeals to the appellate Court and applications for permission to appeal that are filed on or after 1 April 2022, which relate to a decision of a Judge given or made before 1 April 2022. Where the appeal arises from a Judge’s decision rendered before 1 April 2022, the timelines prescribed under the Rules of Court (2014 Ed) for the filing of the notice of appeal and any application for leave to appeal will apply.

25. In particular, where the ROC 2021 applies, the parties are to note the following: 

(a) A notice of appeal must be filed within one month, and in accordance with the applicable timeline set out in Order 1 r 2(4)(a) of the ROC 2021;

(b) An application for permission to appeal must be filed in accordance with the applicable timeline set out in Order 1 r 2(4)(c) of the ROC 2021. The applicable filing timelines and page limits for documents required in an application for permission to appeal are those set out in the table under paragraph 21 of this Digest.

(c) Where permission to appeal is granted, the notice of appeal is to be filed within: (i) one month after the date permission is granted where the application is filed before 1 April 2022, and (ii) 14 days after the date permission is granted where the application is filed on or after 1 April 2022.⁽⁵⁶⁾

*This Digest highlights certain key features and points of note, which are intended to assist court users in navigating the Rules of Court 2021 (“ROC 2021”), and serves to provide general information only. Reference should always be made to the relevant provisions in the ROC 2021, any applicable written law and practice directions, and any applicable guidance that may be found in case law. This, and the other digests, do not, in any way, affect the Court’s exercise of its discretion. The Court may, based on the circumstances of each case, depart from the digests. The digests are not intended to be, and should not be construed as, legal advice, and may be revised from time to time.