Digest 6B

A.  Overview of Appeal Processes 

1.  In the New Rules of Court (“ROC 2021”), changes have been made to the detailed appellate processes enshrined within the Rules of Court (Cap. 3 22, R 5, 2014 Rev Ed) (“ROC 2014”) to achieve cost-effectiveness and the efficient use of court resources.

2.  Appeals against decisions, orders or judgments issued in the State Courts may generally be categorised as follows under ROC 2021:

(a)  Appeals from decisions made by Registrars⁽¹⁾ to District Judges in the State Courts⁽²⁾ ;

(b)  Appeals from decisions made by District Judges and Magistrates to the General Division arising from applications or appeals⁽³⁾; and 

(c)  Appeals from any judgment of the District Court or the Magistrate Court made in a trial, in an assessment taken by a District Judge and in any application for a committal order for contempt of court. 

3.  The general framework for appeal against decisions, orders or judgments issued in the State Courts remain similar to that under ROC 2014, with some subtle variations. Some of the main differences are:

(a)  For all appeals arising from the decision of a Registrar and a District Judge (save for appeals governed by order 19 Rules 13 to 23 of ROC 2021), there is an additional process under ROC 2021 for the Registrar of the State Courts, the Magistrate or the District Judge (as the case may be) to certify whether a written judgment or grounds of decision has been/will be issued, or if the certified transcript of the official record of the hearing sufficiently sets out the grounds of decision. The time for the filing of written submissions for the appeal will depend on the outcome and timing of such certification.

(b)  The position on the appropriate forum for the filing of applications for extension of time to file a notice of appeal or to file an application for permission to appeal has been clarified. Under ROC 2021, such applications for extension of time can only be made to the lower Court if the  application is made before the time expires. Where the time has already expired, any application for extension of time to file a notice of appeal or to file an application for permission to appeal must be made to the appellate Court. 

(c)  The time to appeal or to make an application for permission to appeal starts to run only after the lower Court has heard and determined all matters in an application or trial (as may be applicable), including costs. For this purpose, an order for costs to be assessed is regarded as a determination on the issue of costs.

(d)  All written submissions filed for appeals arising from the decision of a Registrar and a District Judge (save for save for appeals governed by Order 19 Rules 13 to 23 of ROC 2021) must include submissions on costs, and is subject to a page-limit which can only be exceeded with permission of the District Judge or Judge sitting in the General Division (as the case may be).

(e)  There are to be no further arguments from the parties in appeals governed by Order 19 Rules 13 to 23 of ROC 2021 after the General Division has heard the appeal and reserved its decision or after the General Division has given its decision in the appeal.

B.  Appeals from Registrar to District Judge in Proceedings in State Courts

4.  Under ROC 2021, decisions of the Registrar of the State Courts made on an application or made on an assessment of damages or the taking of accounts  are appealable to a District Judge.⁽⁴⁾

i. Filling of Notice of Appeal

5.  Notice of appeal to a District Judge is in Form 35 of the ROC 2021 and must be filed within 14 days after the date of the Registrar’s decision.⁽⁵⁾  Unless the Court orders otherwise, the time for the filing of an appeal starts to run after the lower Court has heard and determined all matters in an application, including costs.⁽⁶⁾  In this regard, an order for costs to be assessed is regarded as a determination on the issue of costs.⁽⁷⁾

ii. Certification from Registrar of the State Courts

6.  After the notice of appeal has been filed, the Registrar of the State Courts whose decision is being appealed is required to certify within 14 days that⁽⁸⁾ :

(a)  he or she has already issued a written judgment or grounds of decision;

(b)  he or she intends to issue written grounds of decision; or

(c)  the certified transcript of the official record of the hearing sets out his or her grounds of decision sufficiently.

7.  Parties will be notified of the Registrar’s certification by way of a Correspondence from Courts. If the Registrar does not provide any such notification/certification within 14 days of the filing of the notice of appeal, it is presumed that no further written grounds of decision will be issued.⁽⁹⁾

8.  Where the Registrar certifies that he or she intends to issue written grounds of decision, he or she must endeavour to issue such written grounds as soon as it is practicable, and if no such written grounds of decision are issued within 12 weeks of the certification, the appellant must apply in writing to the Registrar of the State Courts to proceed with the appeal.⁽¹⁰⁾

iii. Filing of Written Submissions

9.  Parties to the appeals arising from the decision of a Registrar 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. The written submissions are to be filed in accordance with the following timelines:⁽¹¹⁾

(a)  Within 14 days after the Registry notifies parties that the Registrar has already issued a written judgment or grounds of decision;

(b)  Within 14 days after the Registry notifies parties that a copy of the written grounds of decision is ready for collection where the Registrar certifies that he or she intends to issue written grounds of decision;

(c)  Within 14 days after the Registry notifies parties that the Registrar has certified that the certified transcript of the official record of hearing sets out his or her grounds of decision sufficiently;

(d)  Within 28 days after the filing and service of the notice of appeal where it is presumed that no further written ground of decision will be issued; or

(e)  Within 14 days after the Registrar notifies parties that the appeal is to proceed pursuant to a written request made under O 18 r 16(3)(b) of ROC 2021.

10.  The written submissions for the appeal must include submissions on costs for the appeal. Unless otherwise ordered by the appellate Court, written submissions for the appeal are limited to 35 pages. The appellate Court may allow this page limit to be exceeded in special circumstances.⁽¹²⁾ Written submissions exceeding the page limit may be subject to additional fees.⁽¹³⁾ Any application for waiver, refund, deferment or apportionment of the additional fees should be made to the appellate Court.⁽¹⁴⁾

11.  There must be not more than one set of written submissions for each party or set of parties represented by the same firm of solicitors.⁽¹⁵⁾

iv. Hearing of Appeal

12.  The appeal proceeds before the District Judge by way of a rehearing on the documents filed by the parties before the Registrar. While the District Judge has power to receive further evidence on appeal, 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.⁽¹⁶⁾

13.  The appellate Court may give the appropriate directions for the conduct of the appeal, including requiring service of any document on a non-party, to invite a non-party to the appeal and directing the scope of oral submissions.⁽¹⁷⁾ The appellate Court may make any order relating to any part of the decision of the lower Court even if that part is not the subject of any appeal and that reason is not stated by anyone in the appeal.⁽¹⁸⁾

14.  If the appellant is absent at the appeal, the appeal may be dismissed.⁽¹⁹⁾ If the appellant is present but the respondent is absent, the appeal may proceed in the absence of the respondent.⁽²⁰⁾ The Court may restore the appeal for rehearing upon the application of the absent party who must apply within 14 days of the dismissal or hearing and must show good reason for that party’s absence.⁽²¹⁾

iv. Withdrawal of Appeal

15.  The appellant may withdraw the Interlocutory Appeal at any time before the appeal is heard or dealt with by filing and serving a notice of withdrawal in Form 34 of ROC 2021.⁽²²⁾  Outstanding costs issues may be dealt with without an oral hearing in accordance with O 18 r 12(3) of ROC 2021.

C. Appeals from decisions made by District Judge and Magistrate to General Division arising from applications or appeals 

16.  Under ROC 2021, decisions of District Judges or Magistrates hearing applications in the first instance and decisions of District Judges hearing any appeal are appealable to the General Division⁽²³⁾. 

i. Requests for Further Arguments before District Judge or Magistrate

17.  A request for further arguments may be made to the District Judge or Magistrate after he or she has given his or her decision on an application. Such request for further arguments must be made by letter to the Registrar of the State Courts and must be filed before the judgment or order is extracted or the 15^th day after the date on which the decision is made, whichever is earlier.⁽²⁴⁾ The request must set out the proposed arguments briefly and include a copy of any authority cited.⁽²⁵⁾ 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.⁽²⁶⁾ If  the Registrar of the State Courts does not inform the requesting party as such, it is deemed that the District Judge or Magistrate does not require further arguments.⁽²⁷⁾

18.  Where the request for further arguments is made under O 18 r 18 of ROC 2021, the time for the filing of an appeal does not begin until the Court has affirmed, varied or set aside the decision after hearing further arguments, or parties are informed, or it is deemed, that the District Judge or Magistrate does not require further arguments.⁽²⁸⁾

ii. Permission to Appeal

19.  Where permission to appeal is required, application for such permission must be made to the District Judge or Magistrate within 14 days after the date of the District Judge’s or Magistrate’s decision.⁽²⁹⁾

20.  If the District Judge or Magistrate does not grant permission to appeal, the party may apply to the General Division for such permission and serve the application on all interested parties within 14 days after the date of the District Judge’s or Magistrate’s decision not to grant permission.⁽³⁰⁾

21.  If 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.⁽³¹⁾

22.  Any application for extension of time for filing and serving an application for permission to appeal may be made to the District Court or Magistrate’s Court (as the case may be) only if the application for such extension is made before the time expires. Otherwise, the application for extension of time should be made to the General Division.⁽³²⁾

iii. Filing of Notice of Appeal

23.  Notice of appeal to the General Division is in Form 35 of ROC 2021 and must be filed within 14 days after the date of the District Judge or Magistrate’s decision, or 14 days after the date of the decision granting permission to appeal, as the case may be.⁽³³⁾ This applies whether the appeal is against the decision of a District Judge or Magistrate hearing any application at first instance, or against the decision of a District Judge hearing any appeal from a decision of the Registrar.⁽³⁴⁾

24.  Unless the Court orders otherwise, the time for the filing of an appeal starts to run after the lower Court has heard and determined all matters in an application, including costs.⁽³⁵⁾  In this regard, an order for costs to be assessed is regarded as a determination on the issue of costs.⁽³⁶⁾

25.  In addition to filing the notice of appeal, the appellant must also provide security for the respondent’s costs of the appeal. The amount of security is $3,000 for an appeal against a decision in a Magistrate’s Court action and $5,000 for an appeal against a decision in a District Court action.⁽³⁷⁾ A certificate for security for costs in Form 36 of ROC 2021 must be filed at the time the appellant files the notice of appeal.⁽³⁸⁾ The appellate Court (i.e. the General Division) may order further security to be given or waive the amount of security on application by parties.⁽³⁹⁾

iv. Extension of Time for Filing of Notice of Appeal

26.  Any application for an extension of time to file and serve the notice of appeal may be made to the District Judge or the Magistrate only if it is made before the time limited for the filing of the notice of appeal. Any application for extension of time made after the time limited for the filing of the notice of appeal should be made to the General Division.⁽⁴⁰⁾

v. Certification from Registrar of the State Courts

27.  After the notice of appeal has been filed, the District Judge or Magistrate whose decision is being appealed is required to certify within 14 days that:⁽⁴¹⁾

(a)  he or she has already issued a written judgment or grounds of decision; or

(b)  he or she intends to issue written grounds of decision; or

(c)  the certified transcript of the official record of the hearing sets out his or her grounds of decision sufficiently.

28.  Parties will be notified of the District Judge or Magistrate’s certification by way of a Correspondence from Courts. If the District Judge or Magistrate does not provide any such certification within 14 days of the filing of the notice of appeal, it is presumed that no further written grounds of decision will be issued.⁽⁴²⁾

29.  Where the District Judge or Magistrate certifies that he or she intends to issue written grounds of decision, he or she must endeavour to issue such written grounds as soon as it is practicable, and if no such written grounds of decision are issued within 12 weeks of the certification, the appellant must apply in writing to the Registrar of the State Courts to proceed with the appeal.⁽⁴³⁾

vi. Filing of Written Submissions

30.  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. The written submissions are to be filed in accordance with the following timelines:⁽⁴⁴⁾   

(a)  Within 14 days after the Registry notifies parties that the District Judge or Magistrate has already issued a written judgment or grounds of decision;

(b)  Where the District Judge or Magistrate certifies that he or she intends to issue written grounds of decision, within 14 days after the Registry notifies parties that a copy of the written grounds of decision is ready for collection;

(c)  Within 14 days after the Registry notifies parties that the District Judge or Magistrate has certified that the certified transcript of the official record of hearing sets out his or her grounds of decision sufficiently;

(d)  Where it is presumed that no further written ground of decision will be issued, within 28 days after the filing and service of the notice of appeal; or

(e)  Within 14 days after the Registrar notifies parties that the appeal is to proceed pursuant to a written request made under O 18 r 21(3)(b) of ROC 2021.

31.  The written submissions for the appeal must include submissions on costs for the appeal. Unless otherwise ordered by the Judge sitting in the General Division, written submissions for the appeal are limited to 35 pages.⁽⁴⁵⁾ The Judge sitting in the General Division may allow this page limit to be exceeded in special circumstances.⁽⁴⁶⁾  Written submissions exceeding the page limit may be subject to additional fees.⁽⁴⁷⁾ Any application for waiver, refund, deferment or apportionment of the additional fees should be made to the Judge sitting in the General Division.⁽⁴⁸⁾

32.  There must be not more than one set of written submissions for each party or set of parties represented by the same firm of solicitors.⁽⁴⁹⁾

vii. Hearing of Appeal

33.  The appeals arising from applications or appeals within this section proceeds before the Judge sitting in the General Division by way of a rehearing⁽⁵⁰⁾ on the documents filed by the parties before the District Judge or Magistrate. While the Judge sitting in the General Division has power to receive further evidence on appeal, 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.⁽⁵¹⁾

34.  The Judge sitting in the General Division may give the appropriate directions for the conduct of the appeal, including requiring service of any document on a non-party, to invite a non-party to the appeal and directing the scope of oral submissions.⁽⁵²⁾ The Judge sitting in the General Division may make any order relating to any part of the decision of the lower Court even if that part is not the subject of any appeal and that reason is not stated by anyone in the appeal.⁽⁵³⁾

35.  If the appellant is absent at the appeal, the appeal may be dismissed.⁽⁵⁴⁾ If the appellant is present but the respondent is absent, the appeal may proceed in the absence of the respondent.⁽⁵⁵⁾ The Court may restore the appeal for rehearing upon the application of the absent party who must apply within 14 days of the dismissal or hearing and must show good reason for that party’s absence.⁽⁵⁶⁾

viii. Withdrawal and Deemed Withdrawal of Appeal

38.  Where the appeal is deemed withdrawn, any party to the appeal may, within 14 days after the date that the appeal is deemed withdrawn, request in writing to the Judge sitting in the General Division for directions on any outstanding issues as to costs or other matters that remain between the parties to the appeal, and such directions may be given on the making of written submissions without any oral arguments.⁽⁵⁹⁾

ix. Requests for Further Arguments to the General Division

39.  Requests to the General Division for further arguments must be made by letter to the Registrar of the Supreme Court and served on all parties who have an interest in the appeal.⁽⁶⁰⁾ The request must set out the proposed arguments briefly and include a copy of any authority cited.⁽⁶¹⁾  The Registrar of the Supreme Court must inform the requesting party within 14 days after receiving the request whether the Judge of the High Court requires further arguments.⁽⁶²⁾ If no such confirmation is given by the Registrar of the Supreme Court, it is deemed that the Judge of the High Court does not require further arguments.

D.   Appeals from State Courts to the General Division under Order 19, Division 2

x. Scope of Order 19 Appeals from the State Courts

40.  Order 19 of the New ROC is broadly described as governing “Appeals from Judgments and Orders after Trial and under Medical Registration Act”.

41.  Division 2 of Order 19 or specifically Order 19 Rules 13 to 23 of ROC 2021 governs the procedure for appeals against any judgment of a Magistrate’s Court or District Court given:

(a)  in a trial , including cases where judgment is given or the action dismissed at trial because one or more parties are absent;

(b)  after damages are assessed or accounts are taken by a District Judge; and

(c)  in an application for a committal order for contempt of court.

42.  It should also be noted that appeals under Order 19 include appeals against any decision made in an application taken out or heard on the same day as the trial (of an originating claim) or the hearing on the merits (in an originating application), or at any time after the commencement of such trial until the giving of the judgment⁽⁶³⁾. Appeals against such applications fall under the ambit of Order 19, even if the application(s) in question may be interlocutory in nature and do not fall within Order 18 Rules.  

xi. Permission to Appeal

43.  Where permission to appeal is required, application for such permission must be made to the District Court or Magistrate’s Court (as the case may be, depending on the court against which judgment an appeal is being brought) within 14 days after the date of the judgment.⁽⁶⁴⁾

44.  Unless the Court otherwise orders, the time 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.⁽⁶⁵⁾In this regard, a direction by the lower Court that costs are to be assessed is to be regarded as a determination on the issue of costs.⁽⁶⁶⁾

46.  If 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.⁽⁶⁸⁾

47.  Any application for extension of time for filing and serving an application for permission to appeal may be made to the District Court or Magistrate’s Court (as the case may be) only if the application for such extension is made before the time expires. Otherwise, the application for extension of time should be made to the General Division.⁽⁶⁹⁾

xii. Filing of Notice of Appeal

48.  Notice of appeal to the General Division is in Form 35 of ROC 2021 and must be filed within 14 days after the date of the judgment, or 14 days after the date of the decision granting permission to appeal, as the case may be.⁽⁷⁰⁾

49.  Unless the Court otherwise orders, the time for the filing of an appeal does not start to run until after the lower Court has heard and determined all matters in the trial, including costs.⁽⁷¹⁾ In this regard, a direction by the lower Court that costs are to be assessed is to be regarded as a determination on the issue of costs.⁽⁷²⁾

50.   In addition to filing the notice of appeal, the appellant must also provide security for the respondent’s costs of the appeal. The amount of security is $3,000 for an appeal against a judgment in a Magistrate’s Court action and $5,000 for an appeal against a judgment in a District Court action.⁽⁷³⁾ A certificate for security for costs in Form 36 of ROC 2021 must be filed at the time the appellant files the notice of appeal.⁽⁷⁴⁾ The appellate Court (i.e. the General Division) may order further security to be given or to waive the amount of security on application by parties.⁽⁷⁵⁾

xiii. Extension of Time for Filing of Notice of Appeal

51.  Any application for an extension of time to file and serve the notice of appeal may be made to the District Court or the Magistrate’s Court only if it is made before the time limited for the filing of the notice of appeal. Any application for extension of time made after the time limited for the filing of the notice of appeal should be made to the General Division.⁽⁷⁶⁾

xiv. Issue of Written Grounds of Decision

52.  The District Court or Magistrate’s Court (as the case may be) must issue its written grounds of decision after the notice of appeal has been filed, if it has not already done so.⁽⁷⁷⁾ The Registry of the State Courts will notify parties when the record of proceedings is ready for collection.⁽⁷⁸⁾

53.  If no written grounds of decision are issued within 12 weeks after the date of filing of the notice of appeal, the appellant must apply in writing to the Registrar of the State Courts to proceed with the appeal and for a copy of the record of proceedings.⁽⁷⁹⁾

xv. Filing of Appellant’s Case, Respondent’s Case and Appellant’s Reply

54.  The appellant must file and serve the appellant’s Case, together with the record of appeal, the appellant’s core bundle of documents and the appellant’s bundle of authorities ("Appellant's Bundle") within 28 days after the date on which the Registry informs the parties that the record of proceedings is available.⁽⁸⁰⁾

55.  The respondent must file and serve the respondent’s Case, the respondent’s core bundle of documents (if necessary) and the respondent’s bundle of authorities within 28 days after the appellant served the Appellant’s Bundle on the respondent.⁽⁸¹⁾

56.  Thereafter, the appellant must file and serve the appellant’s Reply, the second core bundle (if necessary) and the appellant’s second bundle of authorities (if any) within 14 days after the respondent’s Case is served on the appellant.⁽⁸²⁾

57.  Specific requirements as to the contents and page limits of the appellant’s Case, the respondent’s Case and the appellant’s Reply are set out in O 19 rr 18 and 19 of ROC 2021.

58.  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. ⁽⁸³⁾ No written submissions or skeletal arguments may be filed before or at the appeal unless the General Division otherwise orders. ⁽⁸⁴⁾

59.  If the appellant fails to file and serve the Appeal Bundle within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders.⁽⁸⁵⁾ If 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.⁽⁸⁶⁾

xvi. Hearing of Appeal

60.  At the hearing of the appeal, the parties are allowed to make only such oral submissions as the appellate Court orders.⁽⁸⁷⁾

61.  The appellate Court may give the appropriate directions for the conduct of the appeal, including requiring service of any document on a non-party, inviting a non-party to the appeal and directing the scope of oral submissions.⁽⁸⁸⁾ The appellate Court may make any order relating to any part of the decision of the lower Court even if that part is not the subject of any appeal and that reason is not stated by anyone in the appeal.⁽⁸⁹⁾

62.  While the appellate Court has power to receive further evidence on appeal, 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.⁽⁹⁰⁾

63.  The appellate Court may order a new trial only if substantial injustice will be caused otherwise.⁽⁹¹⁾

64.  If the appellant is absent at the appeal, the appeal may be dismissed.⁽⁹²⁾ If the appellant is present but the respondent is absent, the appeal may proceed in the absence of the respondent.⁽⁹³⁾ The Court may restore the appeal for rehearing upon the application of the absent party who must apply within 14 days of the dismissal or hearing of the appeal and must show good reason for that party’s absence.⁽⁹⁴⁾

xvii. Withdrawal and Deemed Withdrawal of Appeal

65.  The appellant may withdraw the Trial Appeal at any time before the appeal is heard or dealt with by filing and serving a notice of withdrawal in Form 34 of ROC 2021.⁽⁹⁵⁾ Outstanding costs issues may be dealt with without an oral hearing in accordance with O 19 r 10(3) of ROC 2021.

66.  If the appellant fails to file and serve the Appeal Bundle within the specified time, the appeal is deemed withdrawn unless the appellate Court otherwise orders.⁽⁹⁶⁾

67.  Where the appeal is deemed withdrawn, 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 any outstanding issues as to costs or other matters that remain between the parties to the appeal, and such directions may be given on the making of written submissions without any oral arguments.⁽⁹⁷⁾

xviii. Further Arguments

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.⁽⁹⁸⁾

*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.